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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 Vermont to identify these offenders:
Repeat offenders are defined in statute by 2nd, 3rd 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 Vermont 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 Vermont within the limits of the law.
The approximate number of licensed drivers is 470,000.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on charges filed and convictions. According to the most recent information available, in 1996 there were 592 charges filed for 2nd and subsequent DUIs, and of these 527 resulted in convictions. However, according to the Department of Motor Vehicles there were 1,307 persons suspended under administrative licensing actions for 2nd and subsequent offenses.
Also in 1996, there were 462 persons sentenced to incarceration in state prisons for DUI offenses.
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 Vermont identification of repeat offenders occurs most frequently at the time of arrest or pre-trial.
In Vermont offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Vermont following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders. In addition, even in the absence of a conviction, all offenders subject to license suspension must have an alcohol evaluation as a condition of reinstatement.
In Vermont the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
In Vermont assessments are conducted by state administrative agency specialists or private state-certified alcohol counselors under contract to the state and cost $135 for repeat offenders. For 1st offenders, the cost of the assessment is incorporated into the charge for their education program, and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Vermont results of the assessment are provided to the offender, the administrator presiding over the case, and the treatment agency, if applicable. The offender is referred to treatment on the basis of the assessment by the Department of Health, Office of Drug and Alcohol Abuse program called CRASH.
In Vermont treatment is mandated for repeat offenders under the following circumstances: 2nd and subsequent offenders are required to attend treatment as recommended by the assessment. At a minimum, this will involve 20 sessions over a 6 month period.
In Vermont offenders failing to comply with the terms of their program are not eligible for license reinstatement and those who are on probation may be returned to the court for further action.
In Vermont 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 Vermont to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Vermont there is no Anti-Plea Bargaining Statute for DUI.
In Vermont the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is lifetime.
In Vermont 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 Vermont 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 Vermont, the following sanctions may only be ordered by the court:
Fines: $750 to $2,500 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 consecutive hours. However, there is a pre-approved furlough which may reduce the actual time served.
Community Service: At the discretion of the court.
Home Confinement with Electronic Monitoring: Allowed by statute.
Intensive Supervision Probation: Intensive Substance Abuse Program (ISAP) for serious offenders on parole or probation administered by the Department of Corrections.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle, Vehicle Immobilization, Vehicle Impondment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Other Special Assessments/Surcharges: $17.50 Special Assessment, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Vermont has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $30, + $50 assessment for DUI countermeasures.
� Conditional Licensing: None.
� Alcohol Ignition Interlock: None
� Autotimer, Fuel lock, Special Plate Markings: None.
Rehabilitation:
� Assessment/Screening with Education: Alcohol and driver education for 1st offenders only; cost is $300 and offender must pay. However, if so indicated in the out-take interview following the course, the offender may be referred to further treatment.
� Treatment: Vermont law mandates treatment for repeat offenders; CRASH Program makes the referral. Cost varies and offender must pay. In addition, Vermont law requires that persons who have had their driving privileges suspended for 3 or more years must abstain from alcohol consumption for 2 years prior to reinstatement. For person whose license has been revoked, the period of abstinence is 3 years.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Vermont to identify these offenders:
Repeat offenders are defined in statute by 2nd, 3rd 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 Vermont 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 Vermont within the limits of the law.
The approximate number of licensed drivers is 470,000.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on charges filed and convictions. According to the most recent information available, in 1996 there were 592 charges filed for 2nd and subsequent DUIs, and of these 527 resulted in convictions. However, according to the Department of Motor Vehicles there were 1,307 persons suspended under administrative licensing actions for 2nd and subsequent offenses.
Also in 1996, there were 462 persons sentenced to incarceration in state prisons for DUI offenses.
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 Vermont identification of repeat offenders occurs most frequently at the time of arrest or pre-trial.
In Vermont offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Vermont following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders. In addition, even in the absence of a conviction, all offenders subject to license suspension must have an alcohol evaluation as a condition of reinstatement.
In Vermont the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
In Vermont assessments are conducted by state administrative agency specialists or private state-certified alcohol counselors under contract to the state and cost $135 for repeat offenders. For 1st offenders, the cost of the assessment is incorporated into the charge for their education program, and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Vermont results of the assessment are provided to the offender, the administrator presiding over the case, and the treatment agency, if applicable. The offender is referred to treatment on the basis of the assessment by the Department of Health, Office of Drug and Alcohol Abuse program called CRASH.
In Vermont treatment is mandated for repeat offenders under the following circumstances: 2nd and subsequent offenders are required to attend treatment as recommended by the assessment. At a minimum, this will involve 20 sessions over a 6 month period.
In Vermont offenders failing to comply with the terms of their program are not eligible for license reinstatement and those who are on probation may be returned to the court for further action.
In Vermont 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 Vermont to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Vermont there is no Anti-Plea Bargaining Statute for DUI.
In Vermont the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is lifetime.
In Vermont 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 Vermont 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 Vermont, the following sanctions may only be ordered by the court:
Fines: $750 to $2,500 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 consecutive hours. However, there is a pre-approved furlough which may reduce the actual time served.
Community Service: At the discretion of the court.
Home Confinement with Electronic Monitoring: Allowed by statute.
Intensive Supervision Probation: Intensive Substance Abuse Program (ISAP) for serious offenders on parole or probation administered by the Department of Corrections.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle, Vehicle Immobilization, Vehicle Impondment, Vehicle Forfeiture, Registration Cancellation/Plate Seizure: None.
Other Special Assessments/Surcharges: $17.50 Special Assessment, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Vermont has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $30, + $50 assessment for DUI countermeasures.
� Conditional Licensing: None.
� Alcohol Ignition Interlock: None
� Autotimer, Fuel lock, Special Plate Markings: None.
Rehabilitation:
� Assessment/Screening with Education: Alcohol and driver education for 1st offenders only; cost is $300 and offender must pay. However, if so indicated in the out-take interview following the course, the offender may be referred to further treatment.
� Treatment: Vermont law mandates treatment for repeat offenders; CRASH Program makes the referral. Cost varies and offender must pay. In addition, Vermont law requires that persons who have had their driving privileges suspended for 3 or more years must abstain from alcohol consumption for 2 years prior to reinstatement. For person whose license has been revoked, the period of abstinence is 3 years.
� Intensive Weekend Intervention: None.
