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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 Dakota to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 2nd , 3rd offenses within 5 years and 4th offense within 7 years.
DUI becomes a felony on the 4th offense.
Habitual Drunkard (DYI) is defined in administrative procedures.
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 Dakota 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 Dakota within the limits of the law.
The approximate number of licensed drivers is 450,000.
The average BAC level of offenders arrested is .17.
Statistics kept on repeat offenders are based on arrests. According to the most recent information available, in 1996 there were 165 convictions for 4th offense and all were incarcerated for felony DUI. Of these, 54 had a BAC level at or above .15 at the time of arrest.
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 Dakota identification of repeat offenders in North Dakota occurs most frequently at pre-trial.
In North Dakota 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 Dakota following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In North Dakota the assessment is conducted post-sentencing.
In North Dakota assessments are conducted by a private or public licensed addiction treatment program. The cost ranges from $75 to $200 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In North Dakota results of the assessment are provided to the judge/administrator presiding over the case and the Drivers License & Traffic Safety Division. The offender is referred to treatment on the basis of the assessment by order of the court.
Treatment is mandated for repeat offenders under the following circumstances: 4th offenders are required to complete an addiction treatment program and have no alcohol related offense convictions within 2 consecutive years prior to having their driving privileges restored.
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 Dakota 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 North Dakota to detect and apprehend drunk drivers:
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 Dakota there is no Anti-Plea Bargaining Statute for DUI.
In North Dakota 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 Dakota at the time of sentencing an individual's conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In North Dakota 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 Dakota, 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 4th offenses - $1000.
Incarcerations - Mandatory minimums: 2nd offense - 4 days/48 consecutive hours; 3rd offense - 60 days; 4th or subsequent - 180days/48 consecutive hours; if death - 1 year; if serious injury - 90 days.
Community Service: 2nd offense only - 10 days (may serve in lieu of imprisonment).
Victim Impact Panel: At the discretion of the court.
Action Against Offender's Vehicle: License plate seizure (license plate impoundment) for any offender for the period of license application.
�Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Registration Cancellation: None.
Home Confinement with Electronic Monitoring, Intensive Supervision Probation: 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 Dakota has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50
�Conditional Licensing (Temporary Work Permit): Allowable only on 1st offense. Cost $50.
�Alcohol Ignition Interlock: Legislation exists, but not currently applied.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
�Education/Treatment: According to assessment determination the court may order a repeat offender to submit to substance abuse treatment in lieu of imprisonment.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in North Dakota to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 2nd , 3rd offenses within 5 years and 4th offense within 7 years.
DUI becomes a felony on the 4th offense.
Habitual Drunkard (DYI) is defined in administrative procedures.
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 Dakota 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 Dakota within the limits of the law.
The approximate number of licensed drivers is 450,000.
The average BAC level of offenders arrested is .17.
Statistics kept on repeat offenders are based on arrests. According to the most recent information available, in 1996 there were 165 convictions for 4th offense and all were incarcerated for felony DUI. Of these, 54 had a BAC level at or above .15 at the time of arrest.
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 Dakota identification of repeat offenders in North Dakota occurs most frequently at pre-trial.
In North Dakota 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 Dakota following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In North Dakota the assessment is conducted post-sentencing.
In North Dakota assessments are conducted by a private or public licensed addiction treatment program. The cost ranges from $75 to $200 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In North Dakota results of the assessment are provided to the judge/administrator presiding over the case and the Drivers License & Traffic Safety Division. The offender is referred to treatment on the basis of the assessment by order of the court.
Treatment is mandated for repeat offenders under the following circumstances: 4th offenders are required to complete an addiction treatment program and have no alcohol related offense convictions within 2 consecutive years prior to having their driving privileges restored.
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 Dakota 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 North Dakota to detect and apprehend drunk drivers:
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 Dakota there is no Anti-Plea Bargaining Statute for DUI.
In North Dakota 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 Dakota at the time of sentencing an individual's conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In North Dakota 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 Dakota, 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 4th offenses - $1000.
Incarcerations - Mandatory minimums: 2nd offense - 4 days/48 consecutive hours; 3rd offense - 60 days; 4th or subsequent - 180days/48 consecutive hours; if death - 1 year; if serious injury - 90 days.
Community Service: 2nd offense only - 10 days (may serve in lieu of imprisonment).
Victim Impact Panel: At the discretion of the court.
Action Against Offender's Vehicle: License plate seizure (license plate impoundment) for any offender for the period of license application.
�Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Registration Cancellation: None.
Home Confinement with Electronic Monitoring, Intensive Supervision Probation: 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 Dakota has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50
�Conditional Licensing (Temporary Work Permit): Allowable only on 1st offense. Cost $50.
�Alcohol Ignition Interlock: Legislation exists, but not currently applied.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
�Education/Treatment: According to assessment determination the court may order a repeat offender to submit to substance abuse treatment in lieu of imprisonment.
� Intensive Weekend Intervention: None.
