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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 Pennsylvania to identify these offenders:
"Repeat offender," "Habitual offender."
Repeat offender, informally defined as 2nd or subsequent offenses
Habitual offenders are defined in statute by 3rd or subsequent offense within 5 years and pertains to all traffic offenders, not just hardcore drunk drivers.
DUI only becomes a felony if vehicular homicide is involved.
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 Pennsylvania 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 Pennsylvania within the limits of the law.
The approximate number of licensed drivers is 8.2 million.
The average BAC level of offenders arrested is approximately .18.
Statistics kept on repeat/habitual offenders are based on convictions. According to the most recent information available, in 1995 there were 289 convictions for 3rd and subsequent DUIs. Based on Uniform Crime Report (UCR) rules, 85% or greater, of convicted repeat DUI offenders are incarcerated. On average, these repeat offenders serve about 40 days in prison or jail. 61.7% of all DUI offenders had a BAC level above .15 at 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 Pennsylvania identification of repeat offenders in Pennsylvania occurs most frequently at pre-trial.
In Pennsylvania offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Pennsylvania following conviction offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem. Results of evaluation determine how an offender is handled in addition to standard penalties:
� All offenders.
In Pennsylvania the assessment is conducted mostly pre-trial, often post-trial but pre-sentencing, and seldom post-sentencing. The probation system often prepares final disposition for the courts� approval relative to non-standard sanctions (treatment).
In Pennsylvania assessments are conducted by a court-employed assessment specialist or private agency at the direction of the court . The cost ranges from $50 to $100 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Pennsylvania results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, and the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
In Pennsylvania treatment is mandated for repeat offenders under the following circumstances: After attending DUI school, offenders are required to attend education or treatment where evaluation indicates a moderate to severe alcohol problem. Repeat offenders are in most cases required to attend a treatment program from among the 500 licensed treatment providers (out-patient or in-patient) with monitoring by the Court Reporting Network (CRN).
In Pennsylvania offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court system for further action. Follow up to the treatment program runs 30, 60 or 90 days based on needs assessment.
In Pennsylvania the following treatment facility or program specifically targets the drunk driver (but not the hardcore drunk driver): 49 administrative Single County Authorities (SCAs) which exist under the authority of the Pennsylvania Department of Health.
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 Pennsylvania 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 Pennsylvania there is an Anti-Plea Bargaining Statute for DUI, although it is limited in that the original DWI charge cannot be reduced at a preliminary hearing or arraignment.
In Pennsylvania the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 7 years.
At the time of sentencing an individual�s conviction records are available for consideration by the court. This information includes only his or her drunk driving convictions record.
In Pennsylvania 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 Pennsylvania, the following sanctions may only be ordered by the court:
Fines: $300 to $10,000 with mandatory minimums as follows - all offenders $300.
Incarceration - Mandatory minimums: 1st offense - 48 consecutive hours, 2nd offense - 30 days, 3rd offense - 90 days, 4th or subsequent offense - 1 year.
Community Service: At the discretion of the court.
Home Confinement with Electronic Monitoring: At the discretion of the court if combined with treatment.
Intensive Supervision Probation: Reserved for 2nd and subsequent offenders.
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.
Other Special assessments/Surcharges: In addition to fines imposed, a surcharge for 1st offenders - $50; 2nd offenders - $100; 3rd offenders - $200; and 4th offenders - $300. Amounts received from surcharges are deposited into the Catastrophic Loss Benefits Continuation Fund and Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: None. Pennsylvania has an Accelerated Rehabilitative Disposition (ARD) program. Available only to 1st offenders, acceptance into and satisfactory completion of the program can lead to dismissal of DWI charge. Acceptance is determined by the court and offender must incur all costs for alcohol assessment, education and treatment, and restitution to victims. Offenders can be subjected to between 1 and 12 months license suspension and court supervision for 6 to 12 months. Duration of program cannot exceed 2 years and if offender violates ARD terms , the program will be terminated and prosecutor can proceed with the DWI charge. Eligible 1st offenders must have no prior DUI in past 7 years, no accidents involving serious injuries and no other major offenses. 70% of all DUI cases are processed through ARD.
�Conditional Licensing: None
� Alcohol Ignition Interlock: At the discretion of the court.
�Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Education: Every convicted offender must take and pass an approved alcohol highway safety class.
� Treatment: According to assessment determination more serious offenders or chronic abusers may also be required to complete an intensive out-patient treatment program or ordered into a treatment program at a DOH approved facility. Average duration for repeat offenders is approximately 45 days, meeting twice weekly.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Pennsylvania to identify these offenders:
"Repeat offender," "Habitual offender."
Repeat offender, informally defined as 2nd or subsequent offenses
Habitual offenders are defined in statute by 3rd or subsequent offense within 5 years and pertains to all traffic offenders, not just hardcore drunk drivers.
DUI only becomes a felony if vehicular homicide is involved.
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 Pennsylvania 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 Pennsylvania within the limits of the law.
The approximate number of licensed drivers is 8.2 million.
The average BAC level of offenders arrested is approximately .18.
Statistics kept on repeat/habitual offenders are based on convictions. According to the most recent information available, in 1995 there were 289 convictions for 3rd and subsequent DUIs. Based on Uniform Crime Report (UCR) rules, 85% or greater, of convicted repeat DUI offenders are incarcerated. On average, these repeat offenders serve about 40 days in prison or jail. 61.7% of all DUI offenders had a BAC level above .15 at 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 Pennsylvania identification of repeat offenders in Pennsylvania occurs most frequently at pre-trial.
In Pennsylvania offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Pennsylvania following conviction offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem. Results of evaluation determine how an offender is handled in addition to standard penalties:
� All offenders.
In Pennsylvania the assessment is conducted mostly pre-trial, often post-trial but pre-sentencing, and seldom post-sentencing. The probation system often prepares final disposition for the courts� approval relative to non-standard sanctions (treatment).
In Pennsylvania assessments are conducted by a court-employed assessment specialist or private agency at the direction of the court . The cost ranges from $50 to $100 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Pennsylvania results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, and the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
In Pennsylvania treatment is mandated for repeat offenders under the following circumstances: After attending DUI school, offenders are required to attend education or treatment where evaluation indicates a moderate to severe alcohol problem. Repeat offenders are in most cases required to attend a treatment program from among the 500 licensed treatment providers (out-patient or in-patient) with monitoring by the Court Reporting Network (CRN).
In Pennsylvania offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court system for further action. Follow up to the treatment program runs 30, 60 or 90 days based on needs assessment.
In Pennsylvania the following treatment facility or program specifically targets the drunk driver (but not the hardcore drunk driver): 49 administrative Single County Authorities (SCAs) which exist under the authority of the Pennsylvania Department of Health.
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 Pennsylvania 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 Pennsylvania there is an Anti-Plea Bargaining Statute for DUI, although it is limited in that the original DWI charge cannot be reduced at a preliminary hearing or arraignment.
In Pennsylvania the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 7 years.
At the time of sentencing an individual�s conviction records are available for consideration by the court. This information includes only his or her drunk driving convictions record.
In Pennsylvania 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 Pennsylvania, the following sanctions may only be ordered by the court:
Fines: $300 to $10,000 with mandatory minimums as follows - all offenders $300.
Incarceration - Mandatory minimums: 1st offense - 48 consecutive hours, 2nd offense - 30 days, 3rd offense - 90 days, 4th or subsequent offense - 1 year.
Community Service: At the discretion of the court.
Home Confinement with Electronic Monitoring: At the discretion of the court if combined with treatment.
Intensive Supervision Probation: Reserved for 2nd and subsequent offenders.
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.
Other Special assessments/Surcharges: In addition to fines imposed, a surcharge for 1st offenders - $50; 2nd offenders - $100; 3rd offenders - $200; and 4th offenders - $300. Amounts received from surcharges are deposited into the Catastrophic Loss Benefits Continuation Fund and Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: None. Pennsylvania has an Accelerated Rehabilitative Disposition (ARD) program. Available only to 1st offenders, acceptance into and satisfactory completion of the program can lead to dismissal of DWI charge. Acceptance is determined by the court and offender must incur all costs for alcohol assessment, education and treatment, and restitution to victims. Offenders can be subjected to between 1 and 12 months license suspension and court supervision for 6 to 12 months. Duration of program cannot exceed 2 years and if offender violates ARD terms , the program will be terminated and prosecutor can proceed with the DWI charge. Eligible 1st offenders must have no prior DUI in past 7 years, no accidents involving serious injuries and no other major offenses. 70% of all DUI cases are processed through ARD.
�Conditional Licensing: None
� Alcohol Ignition Interlock: At the discretion of the court.
�Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Education: Every convicted offender must take and pass an approved alcohol highway safety class.
� Treatment: According to assessment determination more serious offenders or chronic abusers may also be required to complete an intensive out-patient treatment program or ordered into a treatment program at a DOH approved facility. Average duration for repeat offenders is approximately 45 days, meeting twice weekly.
� Intensive Weekend Intervention: None.
