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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 Ohio to identify these offenders:
"Repeat offender," "Multiple offender," "Habitual DUI offender."
Repeat, multiple or habitual DUI offenders are defined in statute and administrative procedures by 2nd, 3rd or subsequent offense within 6 years.
Operating a Motor Vehicle under the Influence (OMVI) becomes a felony offense in Ohio on the 4th offense within 6 years.
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 Ohio 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 Ohio within the limits of the law.
The approximate number of licensed drivers is 7.8 million.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on convictions. Statistics for DUI arrests and convictions: Information Not Available.
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 Ohio:
Identification of repeat offenders in Ohio occurs most frequently post-conviction.
Offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
Following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
The assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
Assessments are conducted by a court-employed assessment specialist or a private agency at the direction of the court. The cost is $100 and is usually borne by the offender unless individual is Medicaid eligible, then cost is borne by Medicaid.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Ohio results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency, and the prosecutor. On the 2nd offense, the offender can be referred to treatment on the basis of the assessment by order of the court. On the 3rd and subsequent offenses, the offender is required to attend a treatment program.
In Ohio treatment is mandated or repeat offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment.
In Ohio 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.
The following treatment facility or program specifically targets the hardcore drunk driver: DWI Prison - Loraine County.
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 Ohio to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket (Blitz) Patrols or Selective Traffic Enforcement Programs (STEP), Media Blitzes with Enforcement Campaigns, Hot Sheets, Standardized Field Sobriety Testing, Mobile Video-taping.
Overtime DUI enforcement activities are paid for from monies collected from fines on DUI offenders.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Ohio there is no Anti-Plea Bargaining Statute for DUI.
In Ohio the standard period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 6 years.
In Ohio at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In Ohio 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 Ohio, the following sanctions may only be ordered by the court:
Fines: $200 to $10,000 with mandatory minimum.
Incarceration - Mandatory minimums: 1st offense - 3 consecutive days/72 consecutive hours; 2nd offense - 10 consecutive days; 3rd offense - 30 days to 1 year, subsequent offenses - 60 consecutive days.
Community Service: As a condition of probation.
Home Confinement with Electronic Monitoring: Allowed by statute.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Immobilization and impoundment of license plates - 2nd offense - 90 days; 3rd offense - 180 days; and subsequent offenses criminal forfeiture of vehicle. The court has additional discretionary authority.
� Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
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: Ohio has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $250. Suspension Fee: $250.
� Conditional Licensing: Modified Driving Privileges - at the court�s discretion.
� Alcohol Ignition Interlock: None
� Autotimer, "Family Plates" at the discretion of the court.
� Fuel Lock: None.
Rehabilitation:
� Treatment: According to assessment determination DUI offenders must be confined in a treatment facility for at least 3 days. 105 facilities include 97 residential and 8 non-residential. Cost varies and offender must pay.
� Intensive Weekend Intervention: Driver�s Intervention Program (DIP): As a condition of treatment, mandatory on 1st offense.
Listed below are the terms most closely matching the definition above which could be used in Ohio to identify these offenders:
"Repeat offender," "Multiple offender," "Habitual DUI offender."
Repeat, multiple or habitual DUI offenders are defined in statute and administrative procedures by 2nd, 3rd or subsequent offense within 6 years.
Operating a Motor Vehicle under the Influence (OMVI) becomes a felony offense in Ohio on the 4th offense within 6 years.
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 Ohio 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 Ohio within the limits of the law.
The approximate number of licensed drivers is 7.8 million.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on convictions. Statistics for DUI arrests and convictions: Information Not Available.
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 Ohio:
Identification of repeat offenders in Ohio occurs most frequently post-conviction.
Offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
Following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
The assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
Assessments are conducted by a court-employed assessment specialist or a private agency at the direction of the court. The cost is $100 and is usually borne by the offender unless individual is Medicaid eligible, then cost is borne by Medicaid.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Ohio results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency, and the prosecutor. On the 2nd offense, the offender can be referred to treatment on the basis of the assessment by order of the court. On the 3rd and subsequent offenses, the offender is required to attend a treatment program.
In Ohio treatment is mandated or repeat offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment.
In Ohio 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.
The following treatment facility or program specifically targets the hardcore drunk driver: DWI Prison - Loraine County.
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 Ohio to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket (Blitz) Patrols or Selective Traffic Enforcement Programs (STEP), Media Blitzes with Enforcement Campaigns, Hot Sheets, Standardized Field Sobriety Testing, Mobile Video-taping.
Overtime DUI enforcement activities are paid for from monies collected from fines on DUI offenders.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Ohio there is no Anti-Plea Bargaining Statute for DUI.
In Ohio the standard period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 6 years.
In Ohio at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In Ohio 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 Ohio, the following sanctions may only be ordered by the court:
Fines: $200 to $10,000 with mandatory minimum.
Incarceration - Mandatory minimums: 1st offense - 3 consecutive days/72 consecutive hours; 2nd offense - 10 consecutive days; 3rd offense - 30 days to 1 year, subsequent offenses - 60 consecutive days.
Community Service: As a condition of probation.
Home Confinement with Electronic Monitoring: Allowed by statute.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Immobilization and impoundment of license plates - 2nd offense - 90 days; 3rd offense - 180 days; and subsequent offenses criminal forfeiture of vehicle. The court has additional discretionary authority.
� Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
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: Ohio has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $250. Suspension Fee: $250.
� Conditional Licensing: Modified Driving Privileges - at the court�s discretion.
� Alcohol Ignition Interlock: None
� Autotimer, "Family Plates" at the discretion of the court.
� Fuel Lock: None.
Rehabilitation:
� Treatment: According to assessment determination DUI offenders must be confined in a treatment facility for at least 3 days. 105 facilities include 97 residential and 8 non-residential. Cost varies and offender must pay.
� Intensive Weekend Intervention: Driver�s Intervention Program (DIP): As a condition of treatment, mandatory on 1st offense.
