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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 Minnesota to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 2nd offense within 5 years and subsequent offenses within 10 years.
DUI only becomes a felony if vehicular homicide is involved.
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 Minnesota 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 Minnesota within the limits of the law.
The approximate number of licensed drivers is 3.6 million.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on arrests. According to the most recent information available, in 1995 there were 14,619 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 Minnesota identification of repeat offenders is not performed, except on hot lists.
In Minnesota offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC (NOTE: "double license revocation" - as of January 1, 1998, all 1st offenders with a BAC level at or above .20 will be treated as a gross misdemeanor and license plates will be impounded. For 2nd offenders, it will be treated as an enhanced gross misdemeanor and a $1,000 penalty assessment will be imposed).
In Minnesota following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Minnesota the assessment may be conducted pre-trial or post-trial, but pre-sentencing, (varies according to the court,) and the individual returns to court for final sentencing based on the assessment.
In Minnesota assessments are conducted by a court-employed assessment specialist or private agency at the direction of the court. The cost is $125, ($130 if prior offense within 5 years) and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
Results of the assessment are provided to the offender's attorney, the judge/administrator presiding over the case, the treatment agency, the prosecutor, the probation office, and the Department of Public Safety. The offender is referred to treatment on the basis of the assessment by order of the court.
Treatment is mandated for repeat offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment.
Offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action.
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 Minnesota to detect and apprehend drunk drivers:
Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Minnesota there is no Anti-Plea Bargaining Statute for DUI.
In Minnesota the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 15 years, lifetime for alcohol-related offenses.
In Minnesota 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 Minnesota 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 Minnesota, the following sanctions may only be ordered by the court:
Fines: $700 to $3,000 with mandatory minimums.
Incarceration - Mandatory minimums: 2nd and subsequent offenses within 5 years - 30 days (mandatory 48 consecutive hours or 80 hours of community service); 2nd and subsequent offenses within 10 years - 30 days or 8 hours of community service may be substituted for each day less than the 30 days (mandatory 48 consecutive hours or 80 hours of community service).
Community Service: 2nd offense - 80 hours minimum (may serve in lieu of imprisonment but not for offenders with 5 offenses within 7 years or 7 offenses within 10 years).
Home Confinement with Electronic Monitoring: Allowed by statute (in lieu of jail time at judges discretion).
Intensive Supervision Probation: Pilot program whereby counties receive state grants to begin "intensive probation" programs for repeat offenders.
Victim Impact Panel: At the discretion of the court.
Action Against Offender's Vehicle: Vehicle Impoundment, Registration Cancellation/Plate Seizure (license plate impoundment), "special or family" plates, and civil forfeiture of the vehicle.
� Vehicle Immobilization, Vehicle Forfeiture: None.
Other Special Assessments/Surcharges: Victim's Restitution Fund, Fines - if no fine is imposed, an assessment (minimum $25/maximum $50). If a fine is imposed, a surcharge of 20% of the fine. An assessment of 15% of the fine is imposed to help fund the Police Officer's Training Account.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Minnesota has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $260
� Conditional Licensing: Allowed for some offenders who demonstrate undue hardship.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock: None
Rehabilitation:
� Treatment: According to assessment determination. Cost varies and offender must pay.
� Intensive Weekend Intervention: At the discretion of the court.
Listed below are the terms most closely matching the definition above which could be used in Minnesota to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 2nd offense within 5 years and subsequent offenses within 10 years.
DUI only becomes a felony if vehicular homicide is involved.
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 Minnesota 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 Minnesota within the limits of the law.
The approximate number of licensed drivers is 3.6 million.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on arrests. According to the most recent information available, in 1995 there were 14,619 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 Minnesota identification of repeat offenders is not performed, except on hot lists.
In Minnesota offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC (NOTE: "double license revocation" - as of January 1, 1998, all 1st offenders with a BAC level at or above .20 will be treated as a gross misdemeanor and license plates will be impounded. For 2nd offenders, it will be treated as an enhanced gross misdemeanor and a $1,000 penalty assessment will be imposed).
In Minnesota following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Minnesota the assessment may be conducted pre-trial or post-trial, but pre-sentencing, (varies according to the court,) and the individual returns to court for final sentencing based on the assessment.
In Minnesota assessments are conducted by a court-employed assessment specialist or private agency at the direction of the court. The cost is $125, ($130 if prior offense within 5 years) and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
Results of the assessment are provided to the offender's attorney, the judge/administrator presiding over the case, the treatment agency, the prosecutor, the probation office, and the Department of Public Safety. The offender is referred to treatment on the basis of the assessment by order of the court.
Treatment is mandated for repeat offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment.
Offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action.
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 Minnesota to detect and apprehend drunk drivers:
Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Minnesota there is no Anti-Plea Bargaining Statute for DUI.
In Minnesota the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 15 years, lifetime for alcohol-related offenses.
In Minnesota 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 Minnesota 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 Minnesota, the following sanctions may only be ordered by the court:
Fines: $700 to $3,000 with mandatory minimums.
Incarceration - Mandatory minimums: 2nd and subsequent offenses within 5 years - 30 days (mandatory 48 consecutive hours or 80 hours of community service); 2nd and subsequent offenses within 10 years - 30 days or 8 hours of community service may be substituted for each day less than the 30 days (mandatory 48 consecutive hours or 80 hours of community service).
Community Service: 2nd offense - 80 hours minimum (may serve in lieu of imprisonment but not for offenders with 5 offenses within 7 years or 7 offenses within 10 years).
Home Confinement with Electronic Monitoring: Allowed by statute (in lieu of jail time at judges discretion).
Intensive Supervision Probation: Pilot program whereby counties receive state grants to begin "intensive probation" programs for repeat offenders.
Victim Impact Panel: At the discretion of the court.
Action Against Offender's Vehicle: Vehicle Impoundment, Registration Cancellation/Plate Seizure (license plate impoundment), "special or family" plates, and civil forfeiture of the vehicle.
� Vehicle Immobilization, Vehicle Forfeiture: None.
Other Special Assessments/Surcharges: Victim's Restitution Fund, Fines - if no fine is imposed, an assessment (minimum $25/maximum $50). If a fine is imposed, a surcharge of 20% of the fine. An assessment of 15% of the fine is imposed to help fund the Police Officer's Training Account.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Minnesota has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $260
� Conditional Licensing: Allowed for some offenders who demonstrate undue hardship.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock: None
Rehabilitation:
� Treatment: According to assessment determination. Cost varies and offender must pay.
� Intensive Weekend Intervention: At the discretion of the court.
