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 Michigan to identify these offenders:

"Repeat offender," "Habitual DUI offender."
Repeat offenders are defined in statute by 2nd offense within 7 years or a 3rd or subsequent offense within 10 years.
DUI may be charged as 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 Michigan 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 Michigan within the limits of the law.
The approximate number of licensed drivers is 7 million.
The average BAC level of offenders arrested is approximately .16.
Statistics kept on repeat offenders are based on convictions. According to available estimates, in 1996 there were between 10,000 and 15,000 convictions for 2nd and subsequent DUIs.

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 Michigan identification of repeat offenders occurs most frequently at the time of arrest.
In Michigan offenders with a high BAC at the time of arrest are treated as follows:
� The court may order treatment based on high BAC levels.
In Michigan following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Michigan the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final criminal sentencing based on the assessment. (Licensing actions are imposed at plea.)
In Michigan depending upon the availability of services in a given county or municipality, assessments may be conducted by a court-employed specialist, a private agency at the direction of the court, or in some cases at the behest of the defense attorney. The costs range from $50 - $125 and are usually borne by the offender.

TREATMENT


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


In Michigan results of the assessment are provided to the offender's attorney, the judge/ administrator presiding over the case, the treatment agency, the pre-sentence investigator and probation officer.
In Michigan michigan does not mandate treatment for repeat offenders. However, at the discretion of the court offenders may be required to attend education or treatment programs as recommended by the assessment. Education and treatment are not generally ordered as conditions for license reinstatement.
In Michigan michigan does have an active program through the Department of Corrections, Office of Community Correction, that funds local/community based "tethering" programs (e.g. work supervision, electronic monitoring, community service). These programs target substance abusers (a population of which repeat DUI offenders are a significant portion) in seeking innovative solutions to reduce jail overcrowding. The programs generally emphasize and integrate alcohol treatment for DUI offenders.
In Michigan offenders failing to comply with the terms of their program may be returned to the court for further action.
In Michigan the following treatment facility or program specifically targets the hardcore drunk driver: None.

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 Michigan to detect and apprehend drunk drivers:

Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping. Sobriety checkpoints are unconstitutional in Michigan.

PROSECUTION AND SENTENCING PRACTICES


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


In Michigan there is no Anti-Plea Bargaining Statute for DUI except in the case of drivers under the age of 21.
In Michigan the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
In Michigan 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 Michigan 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 Michigan, the following sanctions may only be ordered by the court:

Fines: $100 to $5,000 with mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 consecutive hours, 3rd offense - 30 days to 5 years in jail (for a felony conviction only).
Community Service: At the discretion of the court.
Home Confinement with Electronic Monitoring (offender pays): At the discretion of the court.
Intensive Supervision Probation: At discretion of the court.
Victim Impact Panel: At the discretion of the court.
Action Against Offender's Vehicle: Permissive and Vehicle Forfeiture: legislation is pending that would track and block renewal of license registration if license is either suspended, revoked or if plates have been confiscated. Pending forfeiture legislation would also mandate vehicle forfeiture for 3 DUI convictions within 10 years, or for 4 times apprehended while driving on a suspended or revoked license within 7 years. Registration Cancellation/Plate Seizure may be applied.
� Vehicle Immobilization, Vehicle Impoundment: None.
Other Special Assessments/Surcharges: Forensic Lab Fund, Drunk Driver Case Management Fund (to cover administrative costs of speeding the processing and prosecuting of drunk drivers), Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
� Suspension/Revocation: Michigan has post-conviction court-ordered with mandatory minimums beginning with the 1st offense (for DUI per se). Reinstatement Fee: $125.
� Conditional Licensing: A hardship license is available following a period of mandatory minimum suspension.
� Alcohol Ignition Interlock: At the discretion of the court.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Assessment/screening: $50 - $125.
� Education: 1st offenders - may be required to attend educational programs. Guidelines of these programs are developed locally and may vary considerably by county or municipality. Costs to the offender range between $80 to $200.
� Treatment: According to assessment treatment may be ordered by the court. Programs and costs vary considerably.
� Intensive Weekend Intervention: Weekend in jail program in some counties. Cost $175 - $375 and offender pays.