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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 Oklahoma to identify these offenders:
Repeat offenders are defined in statute by 2nd, 3rd, 4th or subsequent offense within 10 years.
DUI becomes a felony on the 2nd offense when filed in a court of record.
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 Oklahoma 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 Oklahoma within the limits of the law.
The approximate number of licensed drivers is 2.4 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on repeat offenders are based on both arrests and convictions. According to the most recent information available, in 1996 there were 6,514 arrests (based on test failures and refusals) of 2nd and subsequent offenders. Of these, 2,962 were convicted of those offenses.
Also in 1996, there were 804 persons incarcerated in state penitentiaries for felony drunk driving offenses. This figure includes some accident-related 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 Oklahoma identification of repeat offenders is practiced inconsistently due to the fact that many cases are heard in courts of non-record.
In Oklahoma offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Oklahoma following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Oklahoma the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
In Oklahoma assessments are conducted by a state administrative agency specialist. The cost is $75 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Oklahoma results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency, or the prosecutor, as requested. The offender may be referred to treatment on the basis of the assessment by order of the court.
In Oklahoma treatment is mandated for repeat offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment if the court so orders. Repeat offenders may be sentenced to 48 hours of inpatient treatment as an alternative to incarceration.
In Oklahoma offenders failing to comply with the terms of their program may be returned to the court for further action.
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 Oklahoma to detect and apprehend drunk drivers:
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 Oklahoma:
There is no Anti-Plea Bargaining Statute for DUI.
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; information will not be available for charges brought in courts of non-record.
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 Oklahoma, the following sanctions may only be ordered by the court:
Fines: $1,000 to $5,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd and subsequent offenses - 1 year under custody of the Department of Corrections, or 10 days community service, or 48 consecutive hours inpatient rehabilitation/treatment.
Community Service: 2nd offense - 10 days minimum (may serve in lieu of imprisonment).
Home Confinement with Electronic Monitoring: Allowed by statute.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Vehicle immobilization, Vehicle impoundment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Intensive Supervision Probation: None.
Other Special Assessments/Surcharges: Reimbursement of investigation costs, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: Oklahoma has both pre-conviction administrative and post- conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $75.
�Conditional Licensing: At the discretion of the licensing authority - $150.
�Alcohol Ignition Interlock: Required by licensing authority for conditional license; may also be ordered by the court.
�Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
�Education: Information Not Available.
� Treatment: Information Not Available.
�Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Oklahoma to identify these offenders:
Repeat offenders are defined in statute by 2nd, 3rd, 4th or subsequent offense within 10 years.
DUI becomes a felony on the 2nd offense when filed in a court of record.
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 Oklahoma 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 Oklahoma within the limits of the law.
The approximate number of licensed drivers is 2.4 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on repeat offenders are based on both arrests and convictions. According to the most recent information available, in 1996 there were 6,514 arrests (based on test failures and refusals) of 2nd and subsequent offenders. Of these, 2,962 were convicted of those offenses.
Also in 1996, there were 804 persons incarcerated in state penitentiaries for felony drunk driving offenses. This figure includes some accident-related 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 Oklahoma identification of repeat offenders is practiced inconsistently due to the fact that many cases are heard in courts of non-record.
In Oklahoma offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Oklahoma following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Oklahoma the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
In Oklahoma assessments are conducted by a state administrative agency specialist. The cost is $75 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Oklahoma results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency, or the prosecutor, as requested. The offender may be referred to treatment on the basis of the assessment by order of the court.
In Oklahoma treatment is mandated for repeat offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment if the court so orders. Repeat offenders may be sentenced to 48 hours of inpatient treatment as an alternative to incarceration.
In Oklahoma offenders failing to comply with the terms of their program may be returned to the court for further action.
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 Oklahoma to detect and apprehend drunk drivers:
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 Oklahoma:
There is no Anti-Plea Bargaining Statute for DUI.
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; information will not be available for charges brought in courts of non-record.
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 Oklahoma, the following sanctions may only be ordered by the court:
Fines: $1,000 to $5,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd and subsequent offenses - 1 year under custody of the Department of Corrections, or 10 days community service, or 48 consecutive hours inpatient rehabilitation/treatment.
Community Service: 2nd offense - 10 days minimum (may serve in lieu of imprisonment).
Home Confinement with Electronic Monitoring: Allowed by statute.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Vehicle immobilization, Vehicle impoundment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Intensive Supervision Probation: None.
Other Special Assessments/Surcharges: Reimbursement of investigation costs, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: Oklahoma has both pre-conviction administrative and post- conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $75.
�Conditional Licensing: At the discretion of the licensing authority - $150.
�Alcohol Ignition Interlock: Required by licensing authority for conditional license; may also be ordered by the court.
�Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
�Education: Information Not Available.
� Treatment: Information Not Available.
�Intensive Weekend Intervention: None.
