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 Nevada to identify these offenders:

"Repeat offender."
Repeat offenders are defined by a 2nd or subsequent offense within 7 years.
BAC of .18 or above.
DUI becomes a felony on the 3rd offense within 7 years.

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 Nevada records:

New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted and the 7 year rule applies.
DUI convictions from other states are considered prior offenses in Nevada, within the limits of the law.
The approximate number of licensed drivers is 1.3 million.
The average BAC level of offenders arrested is approximately .16
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1996 there were 1,009 convictions for 2nd and subsequent DUIs. In 1996 there were 11,329 offenders arrested with a BAC level at .15 or higher.

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 Nevada identification of repeat offenders occurs most frequently at the time of arrest. BAC level must be at or above .18 to be identified as a repeat offender.
In Nevada offenders with a high BAC at the time of arrest are treated as follows: Information Not Available.
In Nevada following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem, if any, prior to sentencing:
� All 1st offenders with a BAC at or above .18.
� All 2nd offenders.
In Nevada the assessment is conducted post-trial, but pre-sentencing, and the individual returns to court for final sentencing based on the assessment.
In Nevada assessments are conducted by a court-employed assessment specialist (Las Vegas only) and otherwise by a private agency at the direction of the court. The assessment costs a maximum of $100 and is usually borne by the offender.

TREATMENT


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


In Nevada 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 Nevada treatment is mandated for repeat offenders under the following circumstances: All 1st offenders with a BAC level at or above .18 and all 2nd offenders are required to attend education or treatment as recommended by the assessment or evaluation.
In Nevada 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 Nevada 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 Nevada to detect and apprehend drunk drivers:

Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing and Mobile Video-taping.

PROSECUTION AND SENTENCING PRACTICES


A number of factors influence the sentence a drunk driver receives.


In Nevada there is no Anti-Plea Bargaining Statute for DUI.
In Nevada the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 7 years.
In Nevada at the time of sentencing, an individual's conviction records are available for consideration by the court. This information includes only his or her entire drunk driving convictions record.
In Nevada 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 Nevada, the following sanctions may only be ordered by the court:

Fines: $200 to $5,000 with mandatory minimums. If convicted, the following fees are applied in addition to any fines imposed: $60 lab processing fee and $35 civil penalty fee. A $25 fee, if ordered, to attend the victim impact panel.
Incarceration - Mandatory minimums: 1st offense - 2 days to 6 months; 2nd offense - 10 days to 6 months (48 hours consecutive); 3rd or subsequent offense - 1 to 6 years in prison (felony).
Community Service: 1st offense - 96 hours, 2nd offense - 100 - 200 hours (reduced by half if in a treatment program). An offender can work off fines or fees at the rate of $5 to 10 per hour while performing community service.
Home Confinement with Electronic Monitoring: At the discretion of the court.
Intensive Supervision Probation: Under Nevada's 305 Program, as a condition of parole, an offender can be required to participate.
Victim Impact Panel: Mandatory if offender resides within 60 miles of impact meeting.
Action Against Offender's Vehicle: Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Other Special Assessments/Surcharges: Administrative Assessments ranging from $10 to 100, Victim's Restitution Fund. Under Nevada's 305 Program, if convicted, the following fees may be applied in addition to any fines imposed: $60 lab processing, $25 administrative, and $35 civil penalty.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
� Suspension/Revocation: Nevada has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $65 plus a $20.50 license fee.
� Conditional Licensing: Only under "qualifying hardship" conditions (e.g. no public transportation available).
� Alcohol Interlock: For 2nd or subsequent offenses within 7 years, the installation of this device is mandatory, the court may require an offender to install the device for a 1st offense as a condition to reinstate a license.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Alcohol Education: A temporary alcohol education program may be required.
� Alcohol Treatment: For 1st and 2nd non-death/non-injury related offenses. Based on assessment/evaluation. Cost varies and offenders must pay.
� Education Programs: In-prison programs, similar to AA.
� Intensive Weekend Intervention: None.