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Hardcore drunk drivers can be defined as individuals who drive with a high blood alcohol concentration (BAC) of .15 or above, who do so repeatedly, as demonstrated by having more than one drunk driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment, or education efforts.
Listed below are the terms most closely matching the definition above which could be used in Maine to identify these offenders:
"Multiple offender."
Multiple offenders are defined in statute by 2nd or subsequent offense within 10 years.
First offender with an "aggravating factor" of a BAC of .15 or greater.
OUI becomes a felony on the 4th offense.
DWI REPORTING
Records on multiple offenses are one of the primary means of tracking the problem of hardcore drunk drivers.
The following are key aspects of Maine records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and OUI convictions from other states are considered prior offenses in Maine within the limits of the law.
The approximate number of licensed drivers is 870,000.
The average BAC level of offenders arrested is approximately .13.
Statistics kept on multiple offenders are based on convictions. According to the most recent information available, in 1996 there were 2,208 convictions for 2nd and subsequent OUIs. Also, there were 3,563 offenders with a BAC level at or above .15 at the time of arrest.
IDENTIFICATION AND ASSESSMENT
Identifying those drivers who are likely to repeatedly drive drunk and assessing the nature of their underlying problems is essential in order to keep hardcore offenders off the road.
In Maine identification of multiple offenders occurs most frequently at the time of arrest, license suspension, or at sentencing.
In Maine offenders with a high BAC at the time of arrest are treated as follows:
� Any offenders with a BAC level of .15 or more is subject to mandatory imprisonment and an enhanced level of substance abuse counseling.
In Maine following license suspension, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� Multiple offenders and 1st OUI offenders with aggravating factors.
In Maine assessments/evaluations are conducted by the Driver Education and Evaluation Programs (DEEP). The cost is $425 and is usually borne by the offender. A reduced fee of $200 is available for those eligible.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Maine results of the assessment/evaluation are provided to the offender's attorney, the judge/administrator presiding over the case, and the treatment agency.
In Maine treatment is mandated for multiple offenders and 1st OUI offenders with aggravating factors under the following circumstances: Results of the evaluation determine need. The offender is required, by statute and regulation, to complete prescribed treatment prior to license restoration.
In Maine offenders failing to comply with the terms of their DEEP program and/or treatment requirement are not eligible for license reinstatement.
In Maine the following treatment facility or program specifically targets the hardcore drunk driver: The Weekend Intervention Program is used to evaluate the offender to determine if treatment is necessary.
ENFORCEMENT
While law enforcement works against drunk driving across the board, it is central in the battle against hardcore drunk drivers.
The following enforcement techniques are used in Maine to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping (limited basis).
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Maine there is no Anti-Plea Bargaining Statute for OUI.
In Maine the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
In Maine at the time of sentencing, an individual's conviction records are available for consideration by the court (for out-of-state drivers records are not always available). This information will include his or her entire motor vehicle record.
In Maine there are graduated penalties for OUI based on number of offenses.
SANCTIONS
Sanctions against the offender may be derived from criminal action, i.e. court-ordered, or administrative action by the licensing authority as a condition of license reinstatement. Many are aimed at preventing or limiting the opportunity of the hardcore offender to drink and drive. The purpose of others is rehabilitation.
In the State of Maine, the following sanctions may only be ordered by the court:
Fines: $400 to $2,400 with mandatory minimums.
Incarceration - Mandatory minimums (non-suspendable): 2nd offense - 7 days or 12 days if BAC test refused; 3rd offense - 30 days or 40 days if BAC test refused; 4th or subsequent offense - 6 months or 6 months and 60 days if BAC test refused.
Community Service: 2nd offense - as a condition of probation.
Home Confinement with Electronic Monitoring: None.
Intensive Supervision Probation: None.
Victim Impact Panel: None.
Action Against Offender's Vehicle: Vehicle Impoundment.
� Registration Cancellation/Plate Seizure, Vehicle Immobilization, Vehicle Forfeiture: None.
Other Special Assessments/Surcharges: Victim's Restitution Fund, $30 surcharge/$125 if under the influence of both alcohol and drugs.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Maine has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $30.
� Conditional Licensing: Allowed under statute.
� Alcohol Interlock: Can be used to reduce license suspension period.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: All multiple offenders and 1st OUI offenders with aggravating factors must participate in an alcohol education program called the Driver Education Evaluation Program (DEEP). Maine uses the Weekend Intervention Program (WIP) which originated in Ohio.
� Treatment: According to assessment determination; when the offender has a problem which requires treatment, he/she is referred to a community-based service provider approved by the Office of Substance Abuse. Treatment is provided utilizing regulated Completion of Treatment Guidelines which recommend modality, frequency and duration of treatment according to the offender�s stage of chemical dependency. Cost varies and offender must pay.
� Intensive Weekend Intervention: See notes under Rehabilitation section.
Listed below are the terms most closely matching the definition above which could be used in Maine to identify these offenders:
"Multiple offender."
Multiple offenders are defined in statute by 2nd or subsequent offense within 10 years.
First offender with an "aggravating factor" of a BAC of .15 or greater.
OUI becomes a felony on the 4th offense.
DWI REPORTING
Records on multiple offenses are one of the primary means of tracking the problem of hardcore drunk drivers.
The following are key aspects of Maine records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and OUI convictions from other states are considered prior offenses in Maine within the limits of the law.
The approximate number of licensed drivers is 870,000.
The average BAC level of offenders arrested is approximately .13.
Statistics kept on multiple offenders are based on convictions. According to the most recent information available, in 1996 there were 2,208 convictions for 2nd and subsequent OUIs. Also, there were 3,563 offenders with a BAC level at or above .15 at the time of arrest.
IDENTIFICATION AND ASSESSMENT
Identifying those drivers who are likely to repeatedly drive drunk and assessing the nature of their underlying problems is essential in order to keep hardcore offenders off the road.
In Maine identification of multiple offenders occurs most frequently at the time of arrest, license suspension, or at sentencing.
In Maine offenders with a high BAC at the time of arrest are treated as follows:
� Any offenders with a BAC level of .15 or more is subject to mandatory imprisonment and an enhanced level of substance abuse counseling.
In Maine following license suspension, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� Multiple offenders and 1st OUI offenders with aggravating factors.
In Maine assessments/evaluations are conducted by the Driver Education and Evaluation Programs (DEEP). The cost is $425 and is usually borne by the offender. A reduced fee of $200 is available for those eligible.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Maine results of the assessment/evaluation are provided to the offender's attorney, the judge/administrator presiding over the case, and the treatment agency.
In Maine treatment is mandated for multiple offenders and 1st OUI offenders with aggravating factors under the following circumstances: Results of the evaluation determine need. The offender is required, by statute and regulation, to complete prescribed treatment prior to license restoration.
In Maine offenders failing to comply with the terms of their DEEP program and/or treatment requirement are not eligible for license reinstatement.
In Maine the following treatment facility or program specifically targets the hardcore drunk driver: The Weekend Intervention Program is used to evaluate the offender to determine if treatment is necessary.
ENFORCEMENT
While law enforcement works against drunk driving across the board, it is central in the battle against hardcore drunk drivers.
The following enforcement techniques are used in Maine to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping (limited basis).
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Maine there is no Anti-Plea Bargaining Statute for OUI.
In Maine the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
In Maine at the time of sentencing, an individual's conviction records are available for consideration by the court (for out-of-state drivers records are not always available). This information will include his or her entire motor vehicle record.
In Maine there are graduated penalties for OUI based on number of offenses.
SANCTIONS
Sanctions against the offender may be derived from criminal action, i.e. court-ordered, or administrative action by the licensing authority as a condition of license reinstatement. Many are aimed at preventing or limiting the opportunity of the hardcore offender to drink and drive. The purpose of others is rehabilitation.
In the State of Maine, the following sanctions may only be ordered by the court:
Fines: $400 to $2,400 with mandatory minimums.
Incarceration - Mandatory minimums (non-suspendable): 2nd offense - 7 days or 12 days if BAC test refused; 3rd offense - 30 days or 40 days if BAC test refused; 4th or subsequent offense - 6 months or 6 months and 60 days if BAC test refused.
Community Service: 2nd offense - as a condition of probation.
Home Confinement with Electronic Monitoring: None.
Intensive Supervision Probation: None.
Victim Impact Panel: None.
Action Against Offender's Vehicle: Vehicle Impoundment.
� Registration Cancellation/Plate Seizure, Vehicle Immobilization, Vehicle Forfeiture: None.
Other Special Assessments/Surcharges: Victim's Restitution Fund, $30 surcharge/$125 if under the influence of both alcohol and drugs.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Maine has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $30.
� Conditional Licensing: Allowed under statute.
� Alcohol Interlock: Can be used to reduce license suspension period.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: All multiple offenders and 1st OUI offenders with aggravating factors must participate in an alcohol education program called the Driver Education Evaluation Program (DEEP). Maine uses the Weekend Intervention Program (WIP) which originated in Ohio.
� Treatment: According to assessment determination; when the offender has a problem which requires treatment, he/she is referred to a community-based service provider approved by the Office of Substance Abuse. Treatment is provided utilizing regulated Completion of Treatment Guidelines which recommend modality, frequency and duration of treatment according to the offender�s stage of chemical dependency. Cost varies and offender must pay.
� Intensive Weekend Intervention: See notes under Rehabilitation section.
