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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 Virginia to identify these offenders:
"Multiple offender," "Habitual DUI offender."
Multiple offenders are defined in statute, regulations and administrative procedures by 2nd, 3rd, 4th or subsequent offense within 10 years.
DUI becomes a felony only if vehicular homicide is involved in the 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 Virginia records:
New licensees are not reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are not considered prior offenses in Virginia within the limits of the law.
The approximate number of licensed drivers is 5 million.
The average BAC level of offenders arrested is approximately .14.
Statistics kept on multiple offenders are based on arrests and convictions. According to the most recent information available, in 1996 there were 30,288 offenders arrested for 2nd and subsequent DUIs. Of those 26,099 were convicted, 5,233 were incarcerated for 2nd and subsequent DUIs, and 12, 037 had a BAC level at or above .15 at the 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 Virginia identification of multiple offenders in Virginia occurs most frequently at time of arrest and post-conviction for purposes of treatment.
In Virginia offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Virginia following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Virginia the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
In Virginia assessments are conducted by a state administrative agency specialist or one of the 24 regional offices of the Commission on Virginia Safety Accident Program (VSAP). The cost ranges from $250 to $350 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Virginia results of the assessment are provided to the treatment agency. The offender is referred to treatment based on eligibility to participate in a program.
In Virginia treatment is mandated for multiple offenders under the following circumstances: As determined appropriate.
In Virginia 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 Virginia the following treatment facility or program specifically targets the hardcore drunk driver: Commission on Safety Accident Program (VSAP).
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 Virginia to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Hot Sheets, Standardized Field Sobriety Testing, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Virginia there is no Anti-Plea Bargaining Statute for DUI.
In Virginia the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 10 years.
In Virginia 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 convictions record.
In Virginia 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 Virginia, the following sanctions may only be ordered by the court:
Fines: $200 to $2,500 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 hours, 3rd and subsequent offense - 30 days.
Community Service: At the discretion of the court.
Home Confinement with Electronic Monitoring: Allowed by statute at the discretion of the court (may serve in lieu of imprisonment).
Intensive Supervision Probation: At the discretion of the court.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure: Registration suspension performed by the state in conjunction with license revocation/suspension. Impoundment/Forfeiture are allowed by state.
� Vehicle Immobilization: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund; $100 Laboratory Fee for forensic analysis in connection with the prosecution; EMS/Enforcement Costs which hold offenders liable for civil action related to expenses of responding to DWI offense, Interdiction Order by the court that prohibits those alcoholic beverage licensees from selling alcohol to a convicted DWI offender; and Civil Damages related to death or injury resulting from the offender�s malice, willful or wanton disregard for others.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Virginia 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 court.
� Alcohol Ignition Interlock: At the discretion of the court. Cost $55.
� Autotimer, Fuel lock, Special Plate Markings: None
Rehabilitation:
� Education/Treatment: Based on eligibility 2nd offense - yes, 3rd and subsequent offense - not eligible and two conditions apply (1) license may be restored after 5 years; or (2) a restricted license for employment purposes may be issued after 3 years and offender may be required to submit to alcohol evaluation. Treatment is tailored to offender�s needs and average length is 9 to 12 months.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Virginia to identify these offenders:
"Multiple offender," "Habitual DUI offender."
Multiple offenders are defined in statute, regulations and administrative procedures by 2nd, 3rd, 4th or subsequent offense within 10 years.
DUI becomes a felony only if vehicular homicide is involved in the 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 Virginia records:
New licensees are not reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are not considered prior offenses in Virginia within the limits of the law.
The approximate number of licensed drivers is 5 million.
The average BAC level of offenders arrested is approximately .14.
Statistics kept on multiple offenders are based on arrests and convictions. According to the most recent information available, in 1996 there were 30,288 offenders arrested for 2nd and subsequent DUIs. Of those 26,099 were convicted, 5,233 were incarcerated for 2nd and subsequent DUIs, and 12, 037 had a BAC level at or above .15 at the 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 Virginia identification of multiple offenders in Virginia occurs most frequently at time of arrest and post-conviction for purposes of treatment.
In Virginia offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Virginia following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In Virginia the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
In Virginia assessments are conducted by a state administrative agency specialist or one of the 24 regional offices of the Commission on Virginia Safety Accident Program (VSAP). The cost ranges from $250 to $350 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Virginia results of the assessment are provided to the treatment agency. The offender is referred to treatment based on eligibility to participate in a program.
In Virginia treatment is mandated for multiple offenders under the following circumstances: As determined appropriate.
In Virginia 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 Virginia the following treatment facility or program specifically targets the hardcore drunk driver: Commission on Safety Accident Program (VSAP).
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 Virginia to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Hot Sheets, Standardized Field Sobriety Testing, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Virginia there is no Anti-Plea Bargaining Statute for DUI.
In Virginia the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 10 years.
In Virginia 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 convictions record.
In Virginia 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 Virginia, the following sanctions may only be ordered by the court:
Fines: $200 to $2,500 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 48 hours, 3rd and subsequent offense - 30 days.
Community Service: At the discretion of the court.
Home Confinement with Electronic Monitoring: Allowed by statute at the discretion of the court (may serve in lieu of imprisonment).
Intensive Supervision Probation: At the discretion of the court.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure: Registration suspension performed by the state in conjunction with license revocation/suspension. Impoundment/Forfeiture are allowed by state.
� Vehicle Immobilization: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund; $100 Laboratory Fee for forensic analysis in connection with the prosecution; EMS/Enforcement Costs which hold offenders liable for civil action related to expenses of responding to DWI offense, Interdiction Order by the court that prohibits those alcoholic beverage licensees from selling alcohol to a convicted DWI offender; and Civil Damages related to death or injury resulting from the offender�s malice, willful or wanton disregard for others.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Virginia 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 court.
� Alcohol Ignition Interlock: At the discretion of the court. Cost $55.
� Autotimer, Fuel lock, Special Plate Markings: None
Rehabilitation:
� Education/Treatment: Based on eligibility 2nd offense - yes, 3rd and subsequent offense - not eligible and two conditions apply (1) license may be restored after 5 years; or (2) a restricted license for employment purposes may be issued after 3 years and offender may be required to submit to alcohol evaluation. Treatment is tailored to offender�s needs and average length is 9 to 12 months.
� Intensive Weekend Intervention: None.
