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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 York to identify these offenders:
"Repeat offender," "Chronic offender," "Multiple offender."
Repeat offenders are defined in statute by 2nd, 3rd or subsequent offense within10 years.
DUI becomes a felony offense on the 2nd 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 York 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 York within the limits of the law.
The approximate number of licensed drivers is 10.5 million.
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 1994 there were 14,190 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 York identification of repeat offenders occurs most frequently at sentencing.
In New York 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 York following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� 1st offenders as required by the Drinking Driver Program, 2nd and subsequent for license reinstatement.
In New York the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
In New York assessments are conducted by a state-certified private agency. The cost is $175 for 1st offenders (as part of the Drinking Driver Program) and variable for other offenders. Cost is usually borne by the offender unless indigent.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In New York results of the assessment are confidential and are provided only to the treatment agency where appropriate.
In New York treatment is not mandated for repeat offenders.
In New York the following treatment facility or program specifically targets the hardcore drunk driver: Suffolk County DWI Jail.
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 York to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping. Any of the above techniques may be used in New York State; locally based Stop-DWI enforcement programs vary by county.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In New York there is no Anti-Plea Bargaining Statute for DUI which prohibits the reducing of a charge to a non-alcohol offense.
In New York the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
In New York at the time of sentencing, an individual's conviction records only are available for consideration by the court. This information includes his or her entire criminal record.
In New York 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 York, the following sanctions may only be ordered by the court:
Fines: $500 to $10,000 with mandatory minimums as follows: 1st offense - $500; 2nd offense - $1,000; 3rd offense - $2,000.
Incarceration - Mandatory minimums: None.
Community Service: 2nd offense - May serve as condition of probation.
Home Confinement with Electronic Monitoring: Available in certain counties.
Intensive Supervision Probation: May be available locally.
Victim Impact Panel: At the discretion of the court.
Action Against Offender's Vehicle: Vehicle Forfeiture for felony offenses (not mandatory). Registration Suspension: At the discretion of the court.
� Vehicle Immobilization, Vehicle Impoundment, Plate Seizure: None.
Other Special Assessments/Surcharges: Mandatory surcharge for felony offenders $150, Mandatory surcharge for misdemeanor offenders $85, $5 crime victim assistance fee, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: New York has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 2nd offense. Reinstatement Fee: $75.
� Conditional Licensing: "Hardship" and conditional licenses may be available in certain circumstances; conditional licenses are available post-conviction if the offender is participating in a rehabilitation program and has not had such a license or been convicted of a DWI offense within the previous 5 years.
� Alcohol Ignition Interlock: May be required as a condition of probation.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: Drinking Driver Program(1st offenders) - 16 hours of classroom instruction, $175.
� Treatment: As part of the Stop-DWI Program, each county sets up its own treatment and rehabilitation approaches. See "Promising Approaches" section below.
�Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in New York to identify these offenders:
"Repeat offender," "Chronic offender," "Multiple offender."
Repeat offenders are defined in statute by 2nd, 3rd or subsequent offense within10 years.
DUI becomes a felony offense on the 2nd 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 York 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 York within the limits of the law.
The approximate number of licensed drivers is 10.5 million.
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 1994 there were 14,190 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 York identification of repeat offenders occurs most frequently at sentencing.
In New York 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 York following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� 1st offenders as required by the Drinking Driver Program, 2nd and subsequent for license reinstatement.
In New York the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
In New York assessments are conducted by a state-certified private agency. The cost is $175 for 1st offenders (as part of the Drinking Driver Program) and variable for other offenders. Cost is usually borne by the offender unless indigent.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In New York results of the assessment are confidential and are provided only to the treatment agency where appropriate.
In New York treatment is not mandated for repeat offenders.
In New York the following treatment facility or program specifically targets the hardcore drunk driver: Suffolk County DWI Jail.
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 York to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping. Any of the above techniques may be used in New York State; locally based Stop-DWI enforcement programs vary by county.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In New York there is no Anti-Plea Bargaining Statute for DUI which prohibits the reducing of a charge to a non-alcohol offense.
In New York the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
In New York at the time of sentencing, an individual's conviction records only are available for consideration by the court. This information includes his or her entire criminal record.
In New York 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 York, the following sanctions may only be ordered by the court:
Fines: $500 to $10,000 with mandatory minimums as follows: 1st offense - $500; 2nd offense - $1,000; 3rd offense - $2,000.
Incarceration - Mandatory minimums: None.
Community Service: 2nd offense - May serve as condition of probation.
Home Confinement with Electronic Monitoring: Available in certain counties.
Intensive Supervision Probation: May be available locally.
Victim Impact Panel: At the discretion of the court.
Action Against Offender's Vehicle: Vehicle Forfeiture for felony offenses (not mandatory). Registration Suspension: At the discretion of the court.
� Vehicle Immobilization, Vehicle Impoundment, Plate Seizure: None.
Other Special Assessments/Surcharges: Mandatory surcharge for felony offenders $150, Mandatory surcharge for misdemeanor offenders $85, $5 crime victim assistance fee, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: New York has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 2nd offense. Reinstatement Fee: $75.
� Conditional Licensing: "Hardship" and conditional licenses may be available in certain circumstances; conditional licenses are available post-conviction if the offender is participating in a rehabilitation program and has not had such a license or been convicted of a DWI offense within the previous 5 years.
� Alcohol Ignition Interlock: May be required as a condition of probation.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: Drinking Driver Program(1st offenders) - 16 hours of classroom instruction, $175.
� Treatment: As part of the Stop-DWI Program, each county sets up its own treatment and rehabilitation approaches. See "Promising Approaches" section below.
�Intensive Weekend Intervention: None.
