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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 Missouri to identify these offenders:
"Repeat offender," "Prior offender," "Multiple offender," "Persistent offender."
Prior offenders are defined in statute by 2nd offense within 5 years.
Persistent offenders are defined in statute by 3rd offense within 10 years.
DUI becomes a felony at the persistent offender level.
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 Missouri 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 Missouri within the limits of the law.
The approximate number of licensed drivers is 3.7 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on repeat offenders are based on both arrests and convictions. According to the most recent information available, in 1996 there were 2,493 combined arrests of either prior (1,346) or persistent (1,147) offenders. However, in the same time period there were 3,264 convictions for these two groups combined. The larger number of convictions than arrests is due to charges for 1st offense DUIs that were enhanced to a more serious charge after the initial charges were filed.
In 1996, there were 6,512 administrative license revocations for persons having a previous "alcohol related enforcement contact" within 5 years.
In 1995, there were 1,608 felony DUI offenders incarcerated in Missouri state prisons.
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 Missouri identification of prior and persistent offenders occurs most frequently at time of arrest based on driving records, and during pre-trial based on criminal records. They are also identified at sentencing.
In Missouri offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Missouri following license suspension/revocation, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders for reinstatement of license.
In Missouri the assessment is conducted post-sentencing, but in some courts the individual may return to court for final sentencing based on the assessment.
In Missouri assessments are usually conducted by local contract providers working under criteria developed by the Department of Mental Health. The cost is $65 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Missouri results of the assessment are provided to the offender's attorney, the judge/administrator presiding over the case, the treatment agency and the prosecutor. Prior and persistent offenders must be referred to treatment on the basis of the assessment by order of the court. All other offenders are required to fulfill the recommendations of the assessment to qualify for license reinstatement.
In Missouri treatment is mandated for repeat offenders under the following circumstances: By statute, courts must order offenders to attend education or treatment as determined by alcohol assessment.
In Missouri offenders failing to comply with the terms of their program are not eligible for license reinstatement and, if on probation, may be returned to the court for further action.
In Missouri the following treatment facility or program specifically targets the hardcore drunk driver:
� Missouri has a statewide, standardized education/treatment system which is structured in three levels. Level I is education for 1st offenders. Level II involves Intensive Weekend Intervention for 2nd offenders and 1st offenders with high BAC. Level III is an intensive outpatient clinical intervention program for 3rd or subsequent offenders. Also, for offenders in prisons, Missouri has institutional treatment centers administering 120-day programs.
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 Missouri to detect and apprehend drunk drivers:
Sobriety Checkpoints, 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 Missouri there is no Anti-Plea Bargaining Statute for DUI.
In Missouri the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 5 years for charges of "prior" offender and 10 years for charges of "persistent" offender.
In Missouri at the time of sentencing, an individual's conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In Missouri there are graduated penalties for DUI based on number of offenses.
In Missouri in certain counties, pilot programs are being conducted on deferring prosecution for 1st offenders with a focus on intensive rehabilitation.
Also, in certain jurisdictions, Drug Court hearings are being expanded on an experimental basis to include DUI cases.
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 Missouri, the following sanctions may only be ordered by the court:
Fines: $500 to $5,000 with no mandatory minimums.
Incarceration - Mandatory minimums: Prior and persistent offenses - 48 consecutive hours.
Community Service: Prior and persistent offenses - 10 days minimum, if serving in lieu of imprisonment.
Home Confinement with Electronic Monitoring, Intensive Supervision Probation: For persons representing a serious probation risk.
Victim Impact Panel, Intensive Weekend Intervention (see Treatment below): At the discretion of the court.
Action Against Offender's Vehicle: Vehicle forfeiture may be applied for prior and persistent offenders under certain circumstances.
� Registration Cancellation/Plate Seizure, Vehicle Immobilization, Vehicle Impoundment: None.
Other Special Assessments/Surcharges: Reimbursement of DWI enforcement costs - approximately $60; Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Missouri has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $45.
� Conditional Licensing: For 1st offenders, a restricted "hardship" license is available for employment, educational or medical purposes.
� Alcohol Ignition Interlock: As a condition of probation, an interlock device may be required for 1st offenders but is mandatory for 2nd offenders. May also be required as a condition of a hardship license.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
�Education: Level I (1st offenders) - 10 hours of classroom instruction, $70.
� Treatment: Level II (2nd offenders and 1st offenders with high BAC) - Intensive Weekend Intervention, $350. Level III (3rd and other high risk offenders) - 50 hours clinical in and outpatient programs, approximately $800.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Missouri to identify these offenders:
"Repeat offender," "Prior offender," "Multiple offender," "Persistent offender."
Prior offenders are defined in statute by 2nd offense within 5 years.
Persistent offenders are defined in statute by 3rd offense within 10 years.
DUI becomes a felony at the persistent offender level.
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 Missouri 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 Missouri within the limits of the law.
The approximate number of licensed drivers is 3.7 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on repeat offenders are based on both arrests and convictions. According to the most recent information available, in 1996 there were 2,493 combined arrests of either prior (1,346) or persistent (1,147) offenders. However, in the same time period there were 3,264 convictions for these two groups combined. The larger number of convictions than arrests is due to charges for 1st offense DUIs that were enhanced to a more serious charge after the initial charges were filed.
In 1996, there were 6,512 administrative license revocations for persons having a previous "alcohol related enforcement contact" within 5 years.
In 1995, there were 1,608 felony DUI offenders incarcerated in Missouri state prisons.
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 Missouri identification of prior and persistent offenders occurs most frequently at time of arrest based on driving records, and during pre-trial based on criminal records. They are also identified at sentencing.
In Missouri offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Missouri following license suspension/revocation, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders for reinstatement of license.
In Missouri the assessment is conducted post-sentencing, but in some courts the individual may return to court for final sentencing based on the assessment.
In Missouri assessments are usually conducted by local contract providers working under criteria developed by the Department of Mental Health. The cost is $65 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Missouri results of the assessment are provided to the offender's attorney, the judge/administrator presiding over the case, the treatment agency and the prosecutor. Prior and persistent offenders must be referred to treatment on the basis of the assessment by order of the court. All other offenders are required to fulfill the recommendations of the assessment to qualify for license reinstatement.
In Missouri treatment is mandated for repeat offenders under the following circumstances: By statute, courts must order offenders to attend education or treatment as determined by alcohol assessment.
In Missouri offenders failing to comply with the terms of their program are not eligible for license reinstatement and, if on probation, may be returned to the court for further action.
In Missouri the following treatment facility or program specifically targets the hardcore drunk driver:
� Missouri has a statewide, standardized education/treatment system which is structured in three levels. Level I is education for 1st offenders. Level II involves Intensive Weekend Intervention for 2nd offenders and 1st offenders with high BAC. Level III is an intensive outpatient clinical intervention program for 3rd or subsequent offenders. Also, for offenders in prisons, Missouri has institutional treatment centers administering 120-day programs.
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 Missouri to detect and apprehend drunk drivers:
Sobriety Checkpoints, 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 Missouri there is no Anti-Plea Bargaining Statute for DUI.
In Missouri the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 5 years for charges of "prior" offender and 10 years for charges of "persistent" offender.
In Missouri at the time of sentencing, an individual's conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In Missouri there are graduated penalties for DUI based on number of offenses.
In Missouri in certain counties, pilot programs are being conducted on deferring prosecution for 1st offenders with a focus on intensive rehabilitation.
Also, in certain jurisdictions, Drug Court hearings are being expanded on an experimental basis to include DUI cases.
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 Missouri, the following sanctions may only be ordered by the court:
Fines: $500 to $5,000 with no mandatory minimums.
Incarceration - Mandatory minimums: Prior and persistent offenses - 48 consecutive hours.
Community Service: Prior and persistent offenses - 10 days minimum, if serving in lieu of imprisonment.
Home Confinement with Electronic Monitoring, Intensive Supervision Probation: For persons representing a serious probation risk.
Victim Impact Panel, Intensive Weekend Intervention (see Treatment below): At the discretion of the court.
Action Against Offender's Vehicle: Vehicle forfeiture may be applied for prior and persistent offenders under certain circumstances.
� Registration Cancellation/Plate Seizure, Vehicle Immobilization, Vehicle Impoundment: None.
Other Special Assessments/Surcharges: Reimbursement of DWI enforcement costs - approximately $60; Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Missouri has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $45.
� Conditional Licensing: For 1st offenders, a restricted "hardship" license is available for employment, educational or medical purposes.
� Alcohol Ignition Interlock: As a condition of probation, an interlock device may be required for 1st offenders but is mandatory for 2nd offenders. May also be required as a condition of a hardship license.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
�Education: Level I (1st offenders) - 10 hours of classroom instruction, $70.
� Treatment: Level II (2nd offenders and 1st offenders with high BAC) - Intensive Weekend Intervention, $350. Level III (3rd and other high risk offenders) - 50 hours clinical in and outpatient programs, approximately $800.
� Intensive Weekend Intervention: None.
