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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 Tennessee to identify these offenders:
"Repeat offender," "Multiple offender."
Repeat offenders are defined in statute, regulations and administrative procedures by 2nd, 3rd or subsequent offense within 10 years.
DUI never becomes a felony.
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 Tennessee 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 Tennessee, within the limits of the law.
The approximate number of licensed drivers is 3.7 million.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1996 there were 4,662 convictions for 2nd and subsequent 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 Tennessee identification of repeat offenders occurs most frequently at time of arrest.
In Tennessee offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Tennessee following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� Repeat offenders as a condition of probation and for reinstatement of license.
In Tennessee the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
In Tennessee assessments are conducted by the Department of Health. The cost is: Information Not Available.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Tennessee results of the assessment are provided to: Information Not Available. The offender is referred to treatment on the basis of the assessment by order of the court.
In Tennessee treatment is mandated for repeat offenders under the following circumstances: The judge does not have the option of ordering treatment for 1st offenders in Tennessee. For 2nd and subsequent offenders, participation in a rehabilitation program treatment facility is a condition of their probation. Treatment programs are limited to 28 days.
In Tennessee 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 addition to revocation of probation.
In Tennessee 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 Tennessee to detect and apprehend drunk drivers:
Sobriety Checkpoints, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping, Special DUI Vans.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Tennessee there is no Anti-Plea Bargaining Statute for DUI.
In Tennessee the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 10 years.
In Tennessee at the time of sentencing, an individual�s conviction records are available for consideration by the court. This information includes his or her drunk driving conviction record. The individual�s entire criminal record can be obtained, if requested by the court.
In Tennessee 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 Tennessee, the following sanctions may only be ordered by the court:
Fines: $350 to $10,000 with mandatory minimums: 1st offense - $350; 2nd offense - $600; 3rd and subsequent offense - $1,100.
Incarceration - Mandatory minimums: 2nd offense - 45 days, 3rd or subsequent offense -120 days.
Community Service: 1st offense - 200 hours, if population of metropolitan area is over 100,000 (may serve in lieu of 48 hours minimum imprisonment).
Home Confinement with Electronic Monitoring: Allowed by statute, under experimentation.
Intensive Supervision Probation: At judge�s discretion.
Victim Impact Panel: Available, but not part of the sentence.
Action Against Offender�s Vehicle: Vehicle Forfeiture - at the discretion of the court on 2nd and subsequent offenses.
� Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund, BAC Test Fee.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: Tennessee has post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
� Conditional Licensing: At judge�s discretion.
� Alcohol Ignition Interlock: For 2nd and subsequent offenders, the court is encouraged to order these devices, and may impose the requirement for up to 1 year after the offender�s license is no longer suspended/revoked.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
�Education/Treatment: According to assessment determination. Participation in an alcohol safety DWI program is required as part of probation. For 2nd and subsequent offenders, participation in a rehabilitation program treatment facility is required as condition of probation.
� Intensive Weekend Intervention: At judge�s discretion.
Listed below are the terms most closely matching the definition above which could be used in Tennessee to identify these offenders:
"Repeat offender," "Multiple offender."
Repeat offenders are defined in statute, regulations and administrative procedures by 2nd, 3rd or subsequent offense within 10 years.
DUI never becomes a felony.
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 Tennessee 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 Tennessee, within the limits of the law.
The approximate number of licensed drivers is 3.7 million.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1996 there were 4,662 convictions for 2nd and subsequent 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 Tennessee identification of repeat offenders occurs most frequently at time of arrest.
In Tennessee offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Tennessee following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� Repeat offenders as a condition of probation and for reinstatement of license.
In Tennessee the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
In Tennessee assessments are conducted by the Department of Health. The cost is: Information Not Available.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Tennessee results of the assessment are provided to: Information Not Available. The offender is referred to treatment on the basis of the assessment by order of the court.
In Tennessee treatment is mandated for repeat offenders under the following circumstances: The judge does not have the option of ordering treatment for 1st offenders in Tennessee. For 2nd and subsequent offenders, participation in a rehabilitation program treatment facility is a condition of their probation. Treatment programs are limited to 28 days.
In Tennessee 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 addition to revocation of probation.
In Tennessee 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 Tennessee to detect and apprehend drunk drivers:
Sobriety Checkpoints, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping, Special DUI Vans.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Tennessee there is no Anti-Plea Bargaining Statute for DUI.
In Tennessee the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 10 years.
In Tennessee at the time of sentencing, an individual�s conviction records are available for consideration by the court. This information includes his or her drunk driving conviction record. The individual�s entire criminal record can be obtained, if requested by the court.
In Tennessee 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 Tennessee, the following sanctions may only be ordered by the court:
Fines: $350 to $10,000 with mandatory minimums: 1st offense - $350; 2nd offense - $600; 3rd and subsequent offense - $1,100.
Incarceration - Mandatory minimums: 2nd offense - 45 days, 3rd or subsequent offense -120 days.
Community Service: 1st offense - 200 hours, if population of metropolitan area is over 100,000 (may serve in lieu of 48 hours minimum imprisonment).
Home Confinement with Electronic Monitoring: Allowed by statute, under experimentation.
Intensive Supervision Probation: At judge�s discretion.
Victim Impact Panel: Available, but not part of the sentence.
Action Against Offender�s Vehicle: Vehicle Forfeiture - at the discretion of the court on 2nd and subsequent offenses.
� Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund, BAC Test Fee.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
�Suspension/Revocation: Tennessee has post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
� Conditional Licensing: At judge�s discretion.
� Alcohol Ignition Interlock: For 2nd and subsequent offenders, the court is encouraged to order these devices, and may impose the requirement for up to 1 year after the offender�s license is no longer suspended/revoked.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
�Education/Treatment: According to assessment determination. Participation in an alcohol safety DWI program is required as part of probation. For 2nd and subsequent offenders, participation in a rehabilitation program treatment facility is required as condition of probation.
� Intensive Weekend Intervention: At judge�s discretion.
