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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 Jersey to identify these offenders:
"Repeat offender," "Multiple offender,"
"Habitual DUI offender."
Repeat offenders are defined in statute by 2nd offense within 10 years of a 1st offense, and by a 3rd or subsequent offense within 10 years of a 2nd offense.
DUI without physical damage is not a felony.
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 Jersey 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 New Jersey, within the limits of the law.
The approximate number of licensed drivers is 5.2 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 1,363 convictions for 2nd 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 New Jersey identification of repeat offenders occurs most frequently at sentencing.
In New Jersey offenders with a high BAC at the time of arrest are treated as follows:
�All offenders are treated the same regardless of BAC.
In New Jersey following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In New Jersey the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment. Upon conviction, 1st and 2nd offenders are remanded by the court to their local Intoxicated Driver Resource Center (IDRC), which implements the Intoxicated In Driving Program throughout the state. 3rd and subsequent offenders must serve sentences of incarceration and/or inpatient treatment, before returning to an IDRC for follow up evaluation and treatment as needed.
In New Jersey assessments are conducted by county-based public or private providers overseen by the state (IDRCs). The cost is $150 for 1st offenders and $250 for 2nd offenders and is usually borne by the offender. Costs include education as well as assessment.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In New Jersey results of the assessment are provided to the treatment agency if the offender is referred to such.
In New Jersey treatment is mandated for repeat offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment. Some 2nd and most multiple (3rd and subsequent) offenders are required to attend treatment programs with monitoring by the IDRCs.
In New Jersey offenders failing to comply with the terms of their programs are not eligible for license reinstatement, may be subject to incarceration, and may be returned to the court for further action.
In New Jersey the following treatment facility or program specifically targets the hardcore drunk driver: None outside the IDRC system.
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 Jersey to detect and apprehend drunk drivers:
Sobriety Checkpoints, 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 New Jersey:
There is no Anti-Plea Bargaining Statute for DUI. However, due to the fact that DUI is not considered a "crime," but instead is a serious traffic infraction, criminal charges do not apply. Administrative hearings on DUIs at all levels of offense are heard in Municipal Court, and jury trial is not allowed.
The average time from arrest to disposition is 60 days.
The period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
At the time of sentencing, an individual's arrest and conviction records are available for consideration by the court. This information may include his or her entire criminal record, as requested by the court.
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 New Jersey, the following sanctions may only be ordered by the court:
Fines: $250 to $1,000 with mandatory minimums as follows: 1st offense - $250; 2nd offense - $500, 3rd and subsequent offenses - $1000.
Incarceration - Mandatory minimums: 2nd offense 48 consecutive hours (may be served in an Intoxicated Driver Resource Center); 3rd and subsequent offenses 180 days (may be served in an inpatient treatment center), work release is allowed. Note: Although there is no statutory mandate for incarceration of 1st offenders, separately the law requires that they be rehabilitated for at least 6 hours on 2 consecutive days in an IDRC, which is, in effect, a form of detention.
Community Service: 2nd offense - 30 days; 3rd and subsequent offenses - not more than 90 days of the 180 day minimum in lieu of imprisonment.
Home Confinement with Electronic Monitoring, Intensive Supervision Probation, Victim Impact Panel: None.
Action Against Offender's Vehicle, Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Other Special Assessments/Surcharges: $100 IDP Administrative Fee; $100 Drunk Driving Enforcement Fund; $50 Special Assessment "Violent Crimes"; Victim Restitution. Also, Insurance Surcharges as follows: 1st and 2nd - $1000 per year for 3 years for each conviction; 3rd and subsequent - $1500 per year for 3 years for each conviction.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: New Jersey has post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
� Conditional Licensing: None.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Assessment/Education: 1st offenders - 6 hours on 2 consecutive days costing $150.
� Assessment/Education/Treatment: 2nd offenders - 48 hours Intensive Weekend Intervention format costing $250.
� Treatment/Evaluation: Following incarceration/inpatient treatment as sentenced by the court, 3rd offenders must return to IDRC for 12 hour evaluation and treatment referral costing $150.
�Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in New Jersey to identify these offenders:
"Repeat offender," "Multiple offender,"
"Habitual DUI offender."
Repeat offenders are defined in statute by 2nd offense within 10 years of a 1st offense, and by a 3rd or subsequent offense within 10 years of a 2nd offense.
DUI without physical damage is not a felony.
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 Jersey 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 New Jersey, within the limits of the law.
The approximate number of licensed drivers is 5.2 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 1,363 convictions for 2nd 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 New Jersey identification of repeat offenders occurs most frequently at sentencing.
In New Jersey offenders with a high BAC at the time of arrest are treated as follows:
�All offenders are treated the same regardless of BAC.
In New Jersey following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In New Jersey the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment. Upon conviction, 1st and 2nd offenders are remanded by the court to their local Intoxicated Driver Resource Center (IDRC), which implements the Intoxicated In Driving Program throughout the state. 3rd and subsequent offenders must serve sentences of incarceration and/or inpatient treatment, before returning to an IDRC for follow up evaluation and treatment as needed.
In New Jersey assessments are conducted by county-based public or private providers overseen by the state (IDRCs). The cost is $150 for 1st offenders and $250 for 2nd offenders and is usually borne by the offender. Costs include education as well as assessment.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In New Jersey results of the assessment are provided to the treatment agency if the offender is referred to such.
In New Jersey treatment is mandated for repeat offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment. Some 2nd and most multiple (3rd and subsequent) offenders are required to attend treatment programs with monitoring by the IDRCs.
In New Jersey offenders failing to comply with the terms of their programs are not eligible for license reinstatement, may be subject to incarceration, and may be returned to the court for further action.
In New Jersey the following treatment facility or program specifically targets the hardcore drunk driver: None outside the IDRC system.
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 Jersey to detect and apprehend drunk drivers:
Sobriety Checkpoints, 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 New Jersey:
There is no Anti-Plea Bargaining Statute for DUI. However, due to the fact that DUI is not considered a "crime," but instead is a serious traffic infraction, criminal charges do not apply. Administrative hearings on DUIs at all levels of offense are heard in Municipal Court, and jury trial is not allowed.
The average time from arrest to disposition is 60 days.
The period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
At the time of sentencing, an individual's arrest and conviction records are available for consideration by the court. This information may include his or her entire criminal record, as requested by the court.
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 New Jersey, the following sanctions may only be ordered by the court:
Fines: $250 to $1,000 with mandatory minimums as follows: 1st offense - $250; 2nd offense - $500, 3rd and subsequent offenses - $1000.
Incarceration - Mandatory minimums: 2nd offense 48 consecutive hours (may be served in an Intoxicated Driver Resource Center); 3rd and subsequent offenses 180 days (may be served in an inpatient treatment center), work release is allowed. Note: Although there is no statutory mandate for incarceration of 1st offenders, separately the law requires that they be rehabilitated for at least 6 hours on 2 consecutive days in an IDRC, which is, in effect, a form of detention.
Community Service: 2nd offense - 30 days; 3rd and subsequent offenses - not more than 90 days of the 180 day minimum in lieu of imprisonment.
Home Confinement with Electronic Monitoring, Intensive Supervision Probation, Victim Impact Panel: None.
Action Against Offender's Vehicle, Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Other Special Assessments/Surcharges: $100 IDP Administrative Fee; $100 Drunk Driving Enforcement Fund; $50 Special Assessment "Violent Crimes"; Victim Restitution. Also, Insurance Surcharges as follows: 1st and 2nd - $1000 per year for 3 years for each conviction; 3rd and subsequent - $1500 per year for 3 years for each conviction.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: New Jersey has post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
� Conditional Licensing: None.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Assessment/Education: 1st offenders - 6 hours on 2 consecutive days costing $150.
� Assessment/Education/Treatment: 2nd offenders - 48 hours Intensive Weekend Intervention format costing $250.
� Treatment/Evaluation: Following incarceration/inpatient treatment as sentenced by the court, 3rd offenders must return to IDRC for 12 hour evaluation and treatment referral costing $150.
�Intensive Weekend Intervention: None.
