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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 New Hampshire to identify these offenders:
"Multiple offender," "Aggravated DWI."
Multiple offenders are defined in statute by 2nd or subsequent offense within 7 years.
Aggravated DWI may include any offender with a BAC at or above .16.
DWI without serious bodily injury is not a felony 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 New Hampshire records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DWI convictions from other states are considered prior offenses in New Hampshire, within the limits of the law.
The approximate number of licensed drivers is 924,000.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on multiple offenders are based on convictions. According to the most recent information available, in 1996 there were 796 convictions for 2nd and subsequent DWIs. Of those, 796 were incarcerated (by statute, all 2nd or subsequent offenders must spend a minimum of 3 days in jail).
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 New Hampshire identification of multiple offenders in New Hampshire occurs most frequently upon conviction.
In New Hampshire offenders with a high BAC at the time of arrest are treated as follows:
� All offenders with a BAC level at or above .16 ("aggravated DWI") are identified prior to assessment As a result, the court may impose increased fines and maximum license suspension.
In New Hampshire following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In New Hampshire the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
In New Hampshire assessments are conducted by a non-profit agency contracted and monitored by the state. The cost ranges from $280 to $380, including a 20-hour education course, and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In New Hampshire results of the assessment are provided to the judge/administrator presiding over the case, the treatment agency, and the DMV. The offender is referred to treatment on the basis of the assessment by order of the court.
In New Hampshire treatment is mandated for multiple offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment.
In New Hampshire 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 New Hampshire the following treatment facility or program specifically targets the hardcore drunk driver: Multiple DWI Offender Intervention Detention Center.
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 New Hampshire to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols ("Roaming patrols"), Media Blitzes with Enforcement Campaigns, Hot Sheets, Standardized Field Sobriety Testing, Mobile Video-taping (limited basis).
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In New Hampshire there is an Anti-Plea Bargaining Statute for DWI.
In New Hampshire the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 7 years.
In New Hampshire at the time of sentencing, an individual's conviction records are available for consideration by the court. This information includes his or her drunk driving conviction record.
In New Hampshire there are graduated penalties for DWI 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 New Hampshire, the following sanctions may only be ordered by the court:
Fines: $350 to $1,000 with mandatory minimums.
Incarceration - Mandatory minimums: 2nd and subsequent offenses 10 consecutive days.
Home Confinement with Electronic Monitoring: Not applied for DWI.
Action Against Offender's Vehicle: Registration Cancellation/Plate Seizure - for aggravated DWI and 2nd and subsequent offenses. Vehicle Registration must be revoked during the same period as the offender's drivers license suspension/revocation.
� Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture: None.
Community Service, Victim Impact Panel, Intensive Supervision Probation: Information Not Available.
Other Special Assessments/Surcharges: Victim's Restitution Fund. Special assessments - $2 or 15% of fines imposed to fund police training and 2% of fines imposed to fund local victim assistance programs. DWI offenders may be liable to reimburse public agencies up to $10,000 of costs (or 500 hours of community service) incurred in responding to incidents involving negligent use of vehicle.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: New Hampshire has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50.
� Conditional Licensing: A hardship license may be available under certain circumstances.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: Normally a 20-hour impaired driver intervention program paid for by the assessment/screening fee.
� Treatment: According to assessment determination. 2nd or subsequent offenders are mandated to complete the Multiple DWI Offender Intervention Detention Center Program within 21 days of conviction. Offenders must serve a minimum of 3 days in jail immediately followed by a 7 day inpatient residential counseling/treatment program. Cost of the program is $950 and based on offender payments is approximately 50% self-sufficient. The state funds the remaining portion of the program. Either the 7 day state operated multiple DWI program or a 7 day alcohol and drug residential intervention program must be completed.
� Intensive Weekend Intervention: Information Not Available
Listed below are the terms most closely matching the definition above which could be used in New Hampshire to identify these offenders:
"Multiple offender," "Aggravated DWI."
Multiple offenders are defined in statute by 2nd or subsequent offense within 7 years.
Aggravated DWI may include any offender with a BAC at or above .16.
DWI without serious bodily injury is not a felony 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 New Hampshire records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DWI convictions from other states are considered prior offenses in New Hampshire, within the limits of the law.
The approximate number of licensed drivers is 924,000.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on multiple offenders are based on convictions. According to the most recent information available, in 1996 there were 796 convictions for 2nd and subsequent DWIs. Of those, 796 were incarcerated (by statute, all 2nd or subsequent offenders must spend a minimum of 3 days in jail).
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 New Hampshire identification of multiple offenders in New Hampshire occurs most frequently upon conviction.
In New Hampshire offenders with a high BAC at the time of arrest are treated as follows:
� All offenders with a BAC level at or above .16 ("aggravated DWI") are identified prior to assessment As a result, the court may impose increased fines and maximum license suspension.
In New Hampshire following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In New Hampshire the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
In New Hampshire assessments are conducted by a non-profit agency contracted and monitored by the state. The cost ranges from $280 to $380, including a 20-hour education course, and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In New Hampshire results of the assessment are provided to the judge/administrator presiding over the case, the treatment agency, and the DMV. The offender is referred to treatment on the basis of the assessment by order of the court.
In New Hampshire treatment is mandated for multiple offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment.
In New Hampshire 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 New Hampshire the following treatment facility or program specifically targets the hardcore drunk driver: Multiple DWI Offender Intervention Detention Center.
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 New Hampshire to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols ("Roaming patrols"), Media Blitzes with Enforcement Campaigns, Hot Sheets, Standardized Field Sobriety Testing, Mobile Video-taping (limited basis).
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In New Hampshire there is an Anti-Plea Bargaining Statute for DWI.
In New Hampshire the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 7 years.
In New Hampshire at the time of sentencing, an individual's conviction records are available for consideration by the court. This information includes his or her drunk driving conviction record.
In New Hampshire there are graduated penalties for DWI 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 New Hampshire, the following sanctions may only be ordered by the court:
Fines: $350 to $1,000 with mandatory minimums.
Incarceration - Mandatory minimums: 2nd and subsequent offenses 10 consecutive days.
Home Confinement with Electronic Monitoring: Not applied for DWI.
Action Against Offender's Vehicle: Registration Cancellation/Plate Seizure - for aggravated DWI and 2nd and subsequent offenses. Vehicle Registration must be revoked during the same period as the offender's drivers license suspension/revocation.
� Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture: None.
Community Service, Victim Impact Panel, Intensive Supervision Probation: Information Not Available.
Other Special Assessments/Surcharges: Victim's Restitution Fund. Special assessments - $2 or 15% of fines imposed to fund police training and 2% of fines imposed to fund local victim assistance programs. DWI offenders may be liable to reimburse public agencies up to $10,000 of costs (or 500 hours of community service) incurred in responding to incidents involving negligent use of vehicle.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: New Hampshire has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50.
� Conditional Licensing: A hardship license may be available under certain circumstances.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: Normally a 20-hour impaired driver intervention program paid for by the assessment/screening fee.
� Treatment: According to assessment determination. 2nd or subsequent offenders are mandated to complete the Multiple DWI Offender Intervention Detention Center Program within 21 days of conviction. Offenders must serve a minimum of 3 days in jail immediately followed by a 7 day inpatient residential counseling/treatment program. Cost of the program is $950 and based on offender payments is approximately 50% self-sufficient. The state funds the remaining portion of the program. Either the 7 day state operated multiple DWI program or a 7 day alcohol and drug residential intervention program must be completed.
� Intensive Weekend Intervention: Information Not Available
