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 Massachusetts to identify these offenders:

Repeat offenders are defined in statute by 2nd, 3rd, 4th 5th or subsequent offense within 10 years.
DUI becomes a felony on the 3rd offense.

DWI REPORTING


Records on repeat offenses are one of the primary means of tracking the problem of hardcore drunk drivers.

The following are key aspects of Massachusetts records:

New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are considered prior offenses in Massachusetts within the limits of the law.
The approximate number of licensed drivers in Massachusetts is 4.4 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on repeat offenders are based on: Information Not Available.

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 Massachusetts identification of repeat offenders occurs most frequently pre-trial.
In Massachusetts offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Massachusetts following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
�1st offenders.
In Massachusetts the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
In Massachusetts assessments are conducted under the direction of the Probation Office and the cost is: Information Not Available.

TREATMENT


Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.


In Massachusetts results of the assessment are provided to: Receiving parties unknown.
In Massachusetts treatment is mandated for repeat offenders under the following circumstances: All or part of an incarceration sentence may be served in residential treatment. Also, for 2nd offenders a residential treatment program must be completed before a restricted driving license may be granted.
In Massachusetts the following treatment facility or program specifically targets the hardcore drunk driver: Longwood Treatment Center - a minimum security detention facility.

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 Massachusetts to detect and apprehend drunk drivers:

Sobriety Checkpoints, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing.

PROSECUTION AND SENTENCING PRACTICES


A number of factors influence the sentence a drunk driver receives.


In Massachusetts there is no Anti-Plea Bargaining Statute for DUI.
In Massachusetts the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
Massachusetts has a diversion program for 1st offenders: charges are "continued without a finding" and the offender is required to have an alcohol evaluation and attend 28 weekly classes. Upon successful completion, criminal charges are not pursued. However, if the offender is subsequently re-arrested, the diversion charge is considered a prior offense.
In Massachusetts at the time of sentencing, an individual's arrest and conviction records are available for consideration by the court. This information will include his or her entire criminal record.
In Massachusetts there are graduated penalties for DUI 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 Massachusetts, the following sanctions may only be ordered by the court:

Fines: $500 to $50,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense 30 days, 3rd offense 150 days, 4th offense 12 months, 5th and subsequent 24 months. Work release is available during these terms.
Community Service: For any offense 30 hours minimum as a condition of probation.
Home Confinement with Electronic Monitoring, Intensive Supervision Probation, Victim Impact Panel: None.
Action Against Offender's Vehicle: Registration Cancellation/Plate seizure is applied against offenders caught driving while suspended.
� Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture: None.
Other Special Assessments/Surcharges: $100 Head Injury Fund, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
� Suspension/Revocation: Massachusetts has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $300 - 1st offense, $500 - 2nd offense, $1000 - 3rd & 4th offenses, 5th - none, lifetime revocation.
� Conditional Licensing: Following mandatory suspension/revocation period, 1st through 4th offenders may qualify for hardship driving privileges.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: For offenders in diversion program, 28 weekly classes. Information Not Available.
� Treatment: As a condition of probation, 1st offenders are required to attend a 14-day program and outpatient counseling - $550.
� Intensive Weekend Intervention: None.