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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 North Carolina to identify these offenders:
"Habitual DUI offender."
Habitual DUI offenders are defined in statute by 4th or subsequent offense within 7 years (3 prior convictions must have occurred within the last 7 years).
DUI becomes a felony offense 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 North Carolina records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are considered prior offenses in North Carolina within the limits of the law.
The approximate number of licensed drivers is 5.5 million.
The average BAC level of offenders arrested is unknown; however, a manufacturer of intoxilizers is exploring working in coordination with the forensics department to determine BAC levels and provide them to the Department of Highway Safety.
Statistics kept on habitual DUI offenders are based on arrests and convictions. According to the most recent information available, in 1996 there were 706 offenders arrested for habitual DUI/DWI . Of those 534 were convicted of and 245 were incarcerated for habitual DWI/DUIs. In 1996, there were 17,170 convictions for 2nd or subsequent impaired driving offenses (includes habitual DWI/DUI offenders). Of those 2,530 were incarcerated in state prisons for impaired driving in 1996 (these figures do not include county or municipal jails, but do include habitual DWI/DUI offenders).
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 North Carolina identification of habitual DUI offenders in North Carolina occurs most frequently at trial.
In North Carolina offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In North Carolina following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In North Carolina the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
In North Carolina assessments are conducted by either a private agency at the behest of the defense attorney, a court-employed assessment specialist or a state administrative agency specialist. The cost is $50 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In North Carolina results of the assessment are provided only to the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
In North Carolina treatment is mandated for habitual DUI offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment and treatment begins as early as during incarceration. Habitual DUI offenders are in most cases required to participate in an alcohol or treatment program as a condition of probation. More serious offenders may be ordered by the court to serve their imprisonment term in an inpatient alcohol treatment facility.
In North Carolina 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 North Carolina the following treatment facility or program specifically targets the hardcore drunk driver: DART Program - North Carolina Department of Human Resources - Substance Abuse Services Division.
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 North Carolina to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, 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 North Carolina there is no Anti-Plea Bargaining Statute for DUI.
In North Carolina the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 7 years.
In North Carolina at the time of sentencing an individual's conviction records are available for consideration by the court. This information will include his or her entire criminal record.
In North Carolina 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 North Carolina, the following sanctions may only be ordered by the court:
Fines: Level 1 - not more than $2,000; Level 2 - not more than $1,000; Level 3 - not more than $500; Level 4 - not more than $250; Level 5 - not more than $100, all with no mandatory minimum. 4th or subsequent offense fines are authorized but not specified.
Incarceration - Mandatory minimums: Level 1 - 14 days or 4 consecutive days and 20 days of "house arrest", Level 2 - 7 days or 2 consecutive days and 10 days of "house arrest". As of December 1, 1997, the Class I felony for DUI convictions will be required to serve no less than 12 months in prison which cannot be served in another facility, e.g. "house arrest." Also, Level 1 increases to 30 days with no consecutive sentence or house arrest.
Community Service: Level 1 - 72 hours, Level 2 - 48 hours, Level 5 - 24 hours. Offenders who are ordered to participate are assessed a fee of $100.
Home Confinement with Electronic Monitoring: Allowed by statute.
Intensive Supervision Probation: At the discretion of the court. Cost $20 per month.
Action Against Offender's Vehicle: Vehicle forfeiture is processed administratively or sale of vehicle by local school district.
� Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation/Plate Seizure: None
Victim Impact Panel: None.
Other Special Assessments/Surcharges: Victim's Restitution Fund.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: North Carolina has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50.
� Conditional Licensing ("Limited Driving Privileges"): At the discretion of the court.
� Alcohol Ignition Interlock: None.
�Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: Abuse diagnosis only, $75.
� Treatment: Assessment leads to treatment determination. Level 1 or 2 offenders may be required to participate in either an alcohol or treatment program. Level 3, 4 and 5 offenders may be required to participate in either an alcohol or treatment program as a condition of probation. Cost varies and offender must pay.
�Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in North Carolina to identify these offenders:
"Habitual DUI offender."
Habitual DUI offenders are defined in statute by 4th or subsequent offense within 7 years (3 prior convictions must have occurred within the last 7 years).
DUI becomes a felony offense 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 North Carolina records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are considered prior offenses in North Carolina within the limits of the law.
The approximate number of licensed drivers is 5.5 million.
The average BAC level of offenders arrested is unknown; however, a manufacturer of intoxilizers is exploring working in coordination with the forensics department to determine BAC levels and provide them to the Department of Highway Safety.
Statistics kept on habitual DUI offenders are based on arrests and convictions. According to the most recent information available, in 1996 there were 706 offenders arrested for habitual DUI/DWI . Of those 534 were convicted of and 245 were incarcerated for habitual DWI/DUIs. In 1996, there were 17,170 convictions for 2nd or subsequent impaired driving offenses (includes habitual DWI/DUI offenders). Of those 2,530 were incarcerated in state prisons for impaired driving in 1996 (these figures do not include county or municipal jails, but do include habitual DWI/DUI offenders).
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 North Carolina identification of habitual DUI offenders in North Carolina occurs most frequently at trial.
In North Carolina offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In North Carolina following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In North Carolina the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
In North Carolina assessments are conducted by either a private agency at the behest of the defense attorney, a court-employed assessment specialist or a state administrative agency specialist. The cost is $50 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In North Carolina results of the assessment are provided only to the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
In North Carolina treatment is mandated for habitual DUI offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment and treatment begins as early as during incarceration. Habitual DUI offenders are in most cases required to participate in an alcohol or treatment program as a condition of probation. More serious offenders may be ordered by the court to serve their imprisonment term in an inpatient alcohol treatment facility.
In North Carolina 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 North Carolina the following treatment facility or program specifically targets the hardcore drunk driver: DART Program - North Carolina Department of Human Resources - Substance Abuse Services Division.
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 North Carolina to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, 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 North Carolina there is no Anti-Plea Bargaining Statute for DUI.
In North Carolina the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 7 years.
In North Carolina at the time of sentencing an individual's conviction records are available for consideration by the court. This information will include his or her entire criminal record.
In North Carolina 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 North Carolina, the following sanctions may only be ordered by the court:
Fines: Level 1 - not more than $2,000; Level 2 - not more than $1,000; Level 3 - not more than $500; Level 4 - not more than $250; Level 5 - not more than $100, all with no mandatory minimum. 4th or subsequent offense fines are authorized but not specified.
Incarceration - Mandatory minimums: Level 1 - 14 days or 4 consecutive days and 20 days of "house arrest", Level 2 - 7 days or 2 consecutive days and 10 days of "house arrest". As of December 1, 1997, the Class I felony for DUI convictions will be required to serve no less than 12 months in prison which cannot be served in another facility, e.g. "house arrest." Also, Level 1 increases to 30 days with no consecutive sentence or house arrest.
Community Service: Level 1 - 72 hours, Level 2 - 48 hours, Level 5 - 24 hours. Offenders who are ordered to participate are assessed a fee of $100.
Home Confinement with Electronic Monitoring: Allowed by statute.
Intensive Supervision Probation: At the discretion of the court. Cost $20 per month.
Action Against Offender's Vehicle: Vehicle forfeiture is processed administratively or sale of vehicle by local school district.
� Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation/Plate Seizure: None
Victim Impact Panel: None.
Other Special Assessments/Surcharges: Victim's Restitution Fund.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: North Carolina has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50.
� Conditional Licensing ("Limited Driving Privileges"): At the discretion of the court.
� Alcohol Ignition Interlock: None.
�Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: Abuse diagnosis only, $75.
� Treatment: Assessment leads to treatment determination. Level 1 or 2 offenders may be required to participate in either an alcohol or treatment program. Level 3, 4 and 5 offenders may be required to participate in either an alcohol or treatment program as a condition of probation. Cost varies and offender must pay.
�Intensive Weekend Intervention: None.
