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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 Nebraska to identify these offenders:
"Multiple offender."
Multiple offenders are defined in statute by 3rd or subsequent offense within 8 years.
DUI becomes a felony on the 4th 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 Nebraska records:
New licensees are not reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are not considered prior offenses in Nebraska, within the limits of the law.
The approximate number of licensed drivers is 1.2 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on multiple offenders are based on convictions. According to the most recent information available, in 1996 there were 2,077 convictions for 3rd 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 Nebraska identification of multiple offenders occurs most frequently at pre-trial.
In Nebraska offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Nebraska following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem using an SAI computerized assessment and Driver Risk Inventory (DRI):
� All offenders.
In Nebraska the assessment is conducted pre-trial and the individual returns to court for final sentencing based on the assessment.
In Nebraska assessments are conducted by a variety of agencies or specialists depending upon the circumstances. The cost ranges from $0 to $100 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Nebraska results of the assessment are provided to the offender's attorney, the judge/administrator presiding over the case, the treatment agency, and the prosecutor. The offender is referred to treatment on the basis of the assessment by order of the court.
In Nebraska treatment is mandated for multiple offenders under the following circumstances: Information Not Available.
In Nebraska 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 Nebraska 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 Nebraska to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Hot Sheets, Standardized Field Sobriety Testing, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Nebraska there is no Anti-Plea Bargaining Statute for DUI.
In Nebraska the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 8 years.
In Nebraska at the time of sentencing an individual's arrest and conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In Nebraska there are 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 Nebraska, the following sanctions may only be ordered by the court:
Fines: $200 to $500 if probation is not granted with mandatory minimums; $0 if probation is granted, with no mandatory minimums.
Incarceration - Mandatory minimums: If probation is not granted, 3rd offense - 90 days uninterrupted, 4th or subsequent - 1 year. If probation is granted, 3rd or subsequent offense - 7 days uninterrupted.
Community Service: At the discretion of the court (may serve in lieu of imprisonment if no serious bodily injuries).
Home Confinement with Electronic Monitoring: At the discretion of the court. Cost ranges from $3 to $9 per day on a sliding scale.
Intensive Supervision Probation: At the discretion of the court, normally used with low case loads (less than 25 per probation officer).
Victim Impact Panel: At the discretion of the court.
Action Against Offender's Vehicle: Registration Cancellation/Plate Seizure.
� Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture: None.
Other Special Assessments/Surcharges: Victim's Restitution Fund. Driver Education Program: All offenders must attend and successfully complete at least 8 hours of alcohol education.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: Nebraska has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available. ALR costs Nebraska approximately $250,000 to administer and maintain the program statewide.
�Conditional Licensing: None.
�Alcohol Interlock: At the discretion of the court. Cost $270.
�Autotimer, Fuel Lock, Special Plate Markings,: None.
Rehabilitation:
�Assessment/Screening: $10 to $100. Mandated by law for all offenders. Based on the assessment, offenders are categorized as low risk or potential higher risk. For high-risk offenders in Douglas County (3rd offense and subsequent), offense requires at least a 6 month imprisonment. This includes intensive supervision probation, electronic monitoring, structured program.
�Treatment: Cost varies and offender must pay on a sliding scale.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Nebraska to identify these offenders:
"Multiple offender."
Multiple offenders are defined in statute by 3rd or subsequent offense within 8 years.
DUI becomes a felony on the 4th 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 Nebraska records:
New licensees are not reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are not considered prior offenses in Nebraska, within the limits of the law.
The approximate number of licensed drivers is 1.2 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on multiple offenders are based on convictions. According to the most recent information available, in 1996 there were 2,077 convictions for 3rd 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 Nebraska identification of multiple offenders occurs most frequently at pre-trial.
In Nebraska offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Nebraska following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem using an SAI computerized assessment and Driver Risk Inventory (DRI):
� All offenders.
In Nebraska the assessment is conducted pre-trial and the individual returns to court for final sentencing based on the assessment.
In Nebraska assessments are conducted by a variety of agencies or specialists depending upon the circumstances. The cost ranges from $0 to $100 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Nebraska results of the assessment are provided to the offender's attorney, the judge/administrator presiding over the case, the treatment agency, and the prosecutor. The offender is referred to treatment on the basis of the assessment by order of the court.
In Nebraska treatment is mandated for multiple offenders under the following circumstances: Information Not Available.
In Nebraska 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 Nebraska 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 Nebraska to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Hot Sheets, Standardized Field Sobriety Testing, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Nebraska there is no Anti-Plea Bargaining Statute for DUI.
In Nebraska the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 8 years.
In Nebraska at the time of sentencing an individual's arrest and conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In Nebraska there are 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 Nebraska, the following sanctions may only be ordered by the court:
Fines: $200 to $500 if probation is not granted with mandatory minimums; $0 if probation is granted, with no mandatory minimums.
Incarceration - Mandatory minimums: If probation is not granted, 3rd offense - 90 days uninterrupted, 4th or subsequent - 1 year. If probation is granted, 3rd or subsequent offense - 7 days uninterrupted.
Community Service: At the discretion of the court (may serve in lieu of imprisonment if no serious bodily injuries).
Home Confinement with Electronic Monitoring: At the discretion of the court. Cost ranges from $3 to $9 per day on a sliding scale.
Intensive Supervision Probation: At the discretion of the court, normally used with low case loads (less than 25 per probation officer).
Victim Impact Panel: At the discretion of the court.
Action Against Offender's Vehicle: Registration Cancellation/Plate Seizure.
� Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture: None.
Other Special Assessments/Surcharges: Victim's Restitution Fund. Driver Education Program: All offenders must attend and successfully complete at least 8 hours of alcohol education.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: Nebraska has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available. ALR costs Nebraska approximately $250,000 to administer and maintain the program statewide.
�Conditional Licensing: None.
�Alcohol Interlock: At the discretion of the court. Cost $270.
�Autotimer, Fuel Lock, Special Plate Markings,: None.
Rehabilitation:
�Assessment/Screening: $10 to $100. Mandated by law for all offenders. Based on the assessment, offenders are categorized as low risk or potential higher risk. For high-risk offenders in Douglas County (3rd offense and subsequent), offense requires at least a 6 month imprisonment. This includes intensive supervision probation, electronic monitoring, structured program.
�Treatment: Cost varies and offender must pay on a sliding scale.
� Intensive Weekend Intervention: None.
