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 Montana to identify these offenders:

"Repeat offender", "Multiple offender",
"Habitual DUI offender."
Repeat offenders are defined in statute and administrative procedures by 3rd or subsequent offense within 5 years.
DUI only becomes a felony if it involves vehicular homicide.

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 Montana 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 Montana within the limits of the law.
The approximate number of licensed drivers is 660,000.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1996 there were 1,905 convictions for 2nd and subsequent DUIs.
At time of arrest, 3,827 offenders had a BAC level above .15.

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 Montana identification of repeat offenders occurs most frequently at time of arrest, pre-trial and at sentencing.
In Montana offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Montana following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Montana the Assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
In Montana assessments are conducted by a state approved Assessment, Course & Treatment (ACT). The cost ranges from $75 to $250 and is usually borne by the offender.

TREATMENT


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


In Montana results of the assessment are provided to the offender and the court. The offender is referred to treatment on the basis of a 1st or subsequent DUI offense.
In Montana treatment is mandated for repeat offenders under the following circumstances: All offenders are required to attend education or treatment.
In Montana 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.
In Montana 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 Montana to detect and apprehend drunk drivers:

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 Montana there is no Anti-Plea Bargaining Statute for DUI.
In Montana the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 5 years and lifetime for 4th or subsequent offense.
In Montana at the time of sentencing, an individual's conviction records are available for consideration by the court. This information will include only his or her drunk driving convictions and traffic records.
In Montana 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 Montana, the following sanctions may only be ordered by the court:

Fines: $100 to $10,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 1st offense - 24 consecutive hours; 2nd offense - 3 days (of which 48 must be consecutive hours); 3rd offense - 10 days (of which 48 must be consecutive hours); 4th or subsequent offense - 6 months.
Community Service: Imposed as part of deferred sentencing (may not serve in lieu of imprisonment).
Home Confinement with Electronic Monitoring: Can be used as non-jail facility, allowed by statute.
Victim Impact Panel: At the discretion of the court.
Action Against Offender's Vehicle: Vehicle Forfeiture for 3rd and subsequent DUI offenses.
� Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Intensive Supervision Probation: None.
Other Special Assessments/Surcharges: Victim Restitution (community service may be substituted if financially unable to pay).
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
� Suspension/Revocation: Montana has post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50 - $200.
� Conditional Licensing: At the discretion of the court.
� Autotimer, Fuel Lock, Special Plate Markings: None
� Alcohol Interlock: For offenders with a BAC level at or above.18 and 2nd or subsequent offenders at the discretion of the court or licensing authority.
Rehabilitation:
� Education/Treatment: Information not available. Cost varies and offender must pay.
�Intensive Weekend Intervention: None.