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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 Mississippi to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 2nd, 3rd or subsequent offense within 5 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 Mississippi records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, but DUI convictions from other states are not considered prior offenses in Mississippi within the limits of the law.
The approximate number of licensed drivers is 2.1 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on repeat offenders are based on arrests. According to the most recent information available, in 1996 there were 25,794 total DUI arrests (Mississippi residents only), of which 16.8% (4,333) were citations for 2nd offenses and .9% (232) were citations for 3rd or subsequent offenses.
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 Mississippi identification of repeat offenders occurs most frequently either at the time of arrest or pre-trial.
In Mississippi offenders with a high BAC at the time of arrest are treated as follows:
�All offenders are treated the same regardless of BAC.
In Mississippi following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� No mandatory requirement for assessment, assessments are performed at the judge's discretion.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Mississippi treatment is mandated for repeat offenders under the following circumstances: It is not mandated by law, however a 2nd offender can reduce the period of license suspension by submitting to an in-depth diagnostic assessment and treatment as indicated. For 3rd and subsequent offenders, revoked licenses may only be reinstated after 3 years have passed and the offender has successfully completed an alcohol treatment program. Also, at the discretion of the judge, an offender may be ordered to participate in treatment.
In Mississippi offenders failing to comply with the terms of their program are not eligible for reduction of suspension or reinstatement, and might be returned to court for further action.
In Mississippi 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 Mississippi to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.
� Also, a special enforcement incentive program called Sobriety Trained Officers Representing Mississippi (STORM) has proven effective in increasing enforcement efforts. See "Promising Approaches".
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Mississippi there is an Anti-Plea Bargaining Statute for DUI which does not permit charges for this offense to be reduced.
In Mississippi the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
In Mississippi at the time of sentencing, an individual's arrest and conviction records are available for consideration by the court. This information includes only his or her drunk driving convictions in most cases.
In Mississippi 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 Mississippi, the following sanctions may only be ordered by the court:
Fines: $250 to $10,000 with mandatory minimums as follows: 1st offense - $250, 2nd offense - $600, 3rd and subsequent - $2000.
Incarceration: Mandatory minimums - None.
Community Service: 2nd offense - 10 days minimum in addition to imprisonment.
Home Confinement with Electronic Monitoring: At the discretion of the court.
Victim Impact Panel: 1st offenders may attend a victim impact panel in lieu of 48 hours in jail.
Action Against Offender's Vehicle: Vehicle may be forfeited for 3rd or subsequent offenses.
� Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Intensive Supervision Probation: None.
Other Special Assessments/Surcharges: $150 Mandatory State Assessment, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Mississippi has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $100.
� Conditional Licensing: None.
� Alcohol Ignition Interlock: At the discretion of the court.
�Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: 1st offenders - 4 week course: 2.5 hours per day, 1 day per week (10 hours total). Cost: $100.
� Treatment: Information Not Available.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Mississippi to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 2nd, 3rd or subsequent offense within 5 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 Mississippi records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, but DUI convictions from other states are not considered prior offenses in Mississippi within the limits of the law.
The approximate number of licensed drivers is 2.1 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on repeat offenders are based on arrests. According to the most recent information available, in 1996 there were 25,794 total DUI arrests (Mississippi residents only), of which 16.8% (4,333) were citations for 2nd offenses and .9% (232) were citations for 3rd or subsequent offenses.
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 Mississippi identification of repeat offenders occurs most frequently either at the time of arrest or pre-trial.
In Mississippi offenders with a high BAC at the time of arrest are treated as follows:
�All offenders are treated the same regardless of BAC.
In Mississippi following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� No mandatory requirement for assessment, assessments are performed at the judge's discretion.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Mississippi treatment is mandated for repeat offenders under the following circumstances: It is not mandated by law, however a 2nd offender can reduce the period of license suspension by submitting to an in-depth diagnostic assessment and treatment as indicated. For 3rd and subsequent offenders, revoked licenses may only be reinstated after 3 years have passed and the offender has successfully completed an alcohol treatment program. Also, at the discretion of the judge, an offender may be ordered to participate in treatment.
In Mississippi offenders failing to comply with the terms of their program are not eligible for reduction of suspension or reinstatement, and might be returned to court for further action.
In Mississippi 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 Mississippi to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.
� Also, a special enforcement incentive program called Sobriety Trained Officers Representing Mississippi (STORM) has proven effective in increasing enforcement efforts. See "Promising Approaches".
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Mississippi there is an Anti-Plea Bargaining Statute for DUI which does not permit charges for this offense to be reduced.
In Mississippi the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
In Mississippi at the time of sentencing, an individual's arrest and conviction records are available for consideration by the court. This information includes only his or her drunk driving convictions in most cases.
In Mississippi 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 Mississippi, the following sanctions may only be ordered by the court:
Fines: $250 to $10,000 with mandatory minimums as follows: 1st offense - $250, 2nd offense - $600, 3rd and subsequent - $2000.
Incarceration: Mandatory minimums - None.
Community Service: 2nd offense - 10 days minimum in addition to imprisonment.
Home Confinement with Electronic Monitoring: At the discretion of the court.
Victim Impact Panel: 1st offenders may attend a victim impact panel in lieu of 48 hours in jail.
Action Against Offender's Vehicle: Vehicle may be forfeited for 3rd or subsequent offenses.
� Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Intensive Supervision Probation: None.
Other Special Assessments/Surcharges: $150 Mandatory State Assessment, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Mississippi has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $100.
� Conditional Licensing: None.
� Alcohol Ignition Interlock: At the discretion of the court.
�Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: 1st offenders - 4 week course: 2.5 hours per day, 1 day per week (10 hours total). Cost: $100.
� Treatment: Information Not Available.
� Intensive Weekend Intervention: None.
