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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 South Dakota to identify these offenders:
"Multiple offender."
Multiple offenders are defined in statute by 2nd, 3rd 4th or subsequent offense within 5 years.
DUI becomes a felony on the 3rd 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 South 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 South Dakota, within the limits of the law.
The approximate number of licensed drivers is 500,000.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on court filings and convictions. According to the most recent information available, in 1996, there were 2,691 court filings for charges of 2nd and subsequent DUIs. During that same period, there were 1,552 convictions for 2nd or greater offenses.
In 1996, there were 2,291 persons who served terms of incarceration for felony DUI offenses in South Dakota penitentiaries.
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 South Dakota identification of multiple offenders occurs most frequently pre-trial.
In South Dakota offenders with a high BAC at the time of arrest are treated as follows:
� 1st offenders with a BAC of .17 or higher are required by law to have an alcohol assessment.
In South Dakota following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� 1st offenders with a BAC of .17 or higher and subsequent offenders at the discretion of the court.
In South Dakota the assessment is conducted either pre- or post-trial but pre-sentencing, and the individual returns to court for final sentencing based on the assessment.
In South Dakota assessments are conducted by a state-certified private agency at the direction of the court. The cost ranges from $75 to $150 and is usually borne by the offender, unless poverty guidelines are met.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In South Dakota results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, the prosecutor or the treatment agency, as requested. The offender is referred to treatment on the basis of the assessment by order of the court.
In South Dakota treatment is not mandated for any offenders. However, there is a statewide structure of education and treatment available to judges according to the following progression for repeat offenders: Education; outpatient; day-treatment; residential; prison institution.
In South Dakota offenders failing to comply with the terms of their program may be returned to the court for further action.
In South Dakota the following treatment facility or program specifically targets the hardcore drunk driver: The Department of Corrections has an inside-the-walls program for DUI felons operating in 3 correctional facilities for men and 1 for women. The approach focuses on criminal thinking in the attempt to change behavior through 100 hours of primary treatment with continuing care until release. After-care during parole occurs in community facilities.
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 South Dakota 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 South Dakota there is no Anti-Plea Bargaining Statute for DUI, but illegal (per se) charges may only be reduced or dismissed when written reasons have been filed with the court. Generally speaking, plea agreements are only used for 1st offenders.
In South Dakota the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 5 years.
In South Dakota at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information will include his or her entire criminal record.
In South Dakota the Criminal Justice Information System and the Judicial Accounting System provide a fully automated and integrated database within the courts for judges and clerks. This system allows complete, up-to-date information on an offender�s court history, including payment of fines, during trial.
In South 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 South Dakota, the following sanctions may only be ordered by the court:
Fines: $1000 to $5,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 3 days; 3rd offense - 10 days; 4th or subsequent offense - 20 days. Note: These mandatory minimums apply only if the offender was operating a vehicle without a license at the time of arrest.
Community Service: May serve as a condition of probation.
Home Confinement with Electronic Monitoring: At the discretion of the court.
Intensive Supervision Probation: At the discretion of either the court or the Office of Probation.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Suspension of registration for any offense where a person�s license is suspended or revoked; applies to all vehicles owned by the offender.
� Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Plate Seizure: None.
Other Special Assessments/Surcharges: Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: South Dakota has post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
� Conditional Licensing: At the discretion of the court, a 2nd offender who has successfully completed an alcohol treatment program may be granted restricted driving privileges. In other circumstances, a hardship license may be available. Fee: Information Not Available.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: (1st offenders) - 8 hours of classroom instruction $150.
�Treatment: Outpatient - 12 hours per week for 5 weeks costing $840; Day-treatment - 7am to 8pm in a controlled community costing $91.90 per day; Residential - 90 hours of treatment in a secure environment costing $156.00 per day. All costs are normally paid by the offender.
�Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in South Dakota to identify these offenders:
"Multiple offender."
Multiple offenders are defined in statute by 2nd, 3rd 4th or subsequent offense within 5 years.
DUI becomes a felony on the 3rd 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 South 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 South Dakota, within the limits of the law.
The approximate number of licensed drivers is 500,000.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on court filings and convictions. According to the most recent information available, in 1996, there were 2,691 court filings for charges of 2nd and subsequent DUIs. During that same period, there were 1,552 convictions for 2nd or greater offenses.
In 1996, there were 2,291 persons who served terms of incarceration for felony DUI offenses in South Dakota penitentiaries.
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 South Dakota identification of multiple offenders occurs most frequently pre-trial.
In South Dakota offenders with a high BAC at the time of arrest are treated as follows:
� 1st offenders with a BAC of .17 or higher are required by law to have an alcohol assessment.
In South Dakota following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� 1st offenders with a BAC of .17 or higher and subsequent offenders at the discretion of the court.
In South Dakota the assessment is conducted either pre- or post-trial but pre-sentencing, and the individual returns to court for final sentencing based on the assessment.
In South Dakota assessments are conducted by a state-certified private agency at the direction of the court. The cost ranges from $75 to $150 and is usually borne by the offender, unless poverty guidelines are met.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In South Dakota results of the assessment are provided to the offender�s attorney, the judge/administrator presiding over the case, the prosecutor or the treatment agency, as requested. The offender is referred to treatment on the basis of the assessment by order of the court.
In South Dakota treatment is not mandated for any offenders. However, there is a statewide structure of education and treatment available to judges according to the following progression for repeat offenders: Education; outpatient; day-treatment; residential; prison institution.
In South Dakota offenders failing to comply with the terms of their program may be returned to the court for further action.
In South Dakota the following treatment facility or program specifically targets the hardcore drunk driver: The Department of Corrections has an inside-the-walls program for DUI felons operating in 3 correctional facilities for men and 1 for women. The approach focuses on criminal thinking in the attempt to change behavior through 100 hours of primary treatment with continuing care until release. After-care during parole occurs in community facilities.
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 South Dakota 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 South Dakota there is no Anti-Plea Bargaining Statute for DUI, but illegal (per se) charges may only be reduced or dismissed when written reasons have been filed with the court. Generally speaking, plea agreements are only used for 1st offenders.
In South Dakota the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 5 years.
In South Dakota at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information will include his or her entire criminal record.
In South Dakota the Criminal Justice Information System and the Judicial Accounting System provide a fully automated and integrated database within the courts for judges and clerks. This system allows complete, up-to-date information on an offender�s court history, including payment of fines, during trial.
In South 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 South Dakota, the following sanctions may only be ordered by the court:
Fines: $1000 to $5,000 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 3 days; 3rd offense - 10 days; 4th or subsequent offense - 20 days. Note: These mandatory minimums apply only if the offender was operating a vehicle without a license at the time of arrest.
Community Service: May serve as a condition of probation.
Home Confinement with Electronic Monitoring: At the discretion of the court.
Intensive Supervision Probation: At the discretion of either the court or the Office of Probation.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Suspension of registration for any offense where a person�s license is suspended or revoked; applies to all vehicles owned by the offender.
� Vehicle Immobilization, Vehicle Impoundment, Vehicle Forfeiture, Plate Seizure: None.
Other Special Assessments/Surcharges: Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: South Dakota has post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
� Conditional Licensing: At the discretion of the court, a 2nd offender who has successfully completed an alcohol treatment program may be granted restricted driving privileges. In other circumstances, a hardship license may be available. Fee: Information Not Available.
� Alcohol Ignition Interlock, Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: (1st offenders) - 8 hours of classroom instruction $150.
�Treatment: Outpatient - 12 hours per week for 5 weeks costing $840; Day-treatment - 7am to 8pm in a controlled community costing $91.90 per day; Residential - 90 hours of treatment in a secure environment costing $156.00 per day. All costs are normally paid by the offender.
�Intensive Weekend Intervention: None.
