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 Washington to identify these offenders:

"Repeat offender."
Repeat offenders are defined in statute by 2nd, 3rd and subsequent offenses within 5 years.
High BAC offender, as defined in statute as having a blood alcohol concentration at or above .15.
DUI without physical damage is not a felony 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 Washington 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 Washington within the limits of the law.
The approximate number of licensed drivers is 4 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1995 there were 1,983 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 Washington identification of repeat offenders occurs most frequently at the time of arrest.
In Washington offenders with a high BAC at the time of arrest are treated as follows:
� Upon conviction, sanctions are greater for persons with a BAC of .15 or above.
In Washington following arrest, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders arrested.
In Washington the assessment is conducted most frequently pre-trial, but always pre-sentencing and the individual returns to court for final sentencing based on the assessment.
In Washington assessments are conducted by a state approved specialist. The cost ranges from $75 - $150 and may be borne by the state, the county or the offender, depending on ability to pay.

TREATMENT


Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.


In Washington results of the assessment are provided to the offender�s attorney, the judge/ administrator presiding over the case, the prosecutor, and the treatment agency. The offender is referred to treatment on the basis of the assessment by order of the court.
In Washington treatment is mandated for repeat offenders under the following circumstances: By law, if the maximum term is not imposed, the judge must place the offender on probation for two years and order him/her to participate in treatment during that time. Repeat offenders are in most cases required to attend intensive out-patient or inpatient treatment programs for a minimum of 60 days with monitoring by the probation officer.
In Washington offenders failing to comply with the terms of their program are not eligible for license reinstatement and will be returned to the court for further action.
In Washington the following treatment facility or program specifically targets the hardcore drunk driver: Deferred prosecution with intensive supervision probation.

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 Washington to detect and apprehend drunk drivers:

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 Washington there is no Anti-Plea Bargaining Statute for DUI.
In Washington the period of time in which a judge can review an offender�s record (the "look-back" period) is 5 years. However, as of 1996, Driver Records retain information for 10 years.
Washington has a diversion program called "Deferred Prosecution" available to an offender only once in 5 years. This requires the offender to spend 2 years in treatment, and, if successful, the judge will dismiss the charges. The offender agrees in going into the program that he/she waives the right to further argument in the case, and should the offender be re-arrested within 5 years the "deferred" contact counts as a prior. Also, following successful completion and the dismissal of charges, the offender�s license is placed on probationary status for five years. See "Promising Approaches" section below.
In Washington at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information includes only his or her drunk driving convictions.
In Washington there are graduated penalties for DUI based on number of offenses and level of blood alcohol concentration.
Washington offers judicial education seminars on hardcore drunk driving paid for by fines levied on offenders, general revenue funds, and federal grants. 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.

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 Washington, the following sanctions may only be ordered by the court:

Fines: $685 to $8,125 with mandatory minimums ranging from $685 to $2525.
Incarceration - Mandatory minimums with 2 years probation and treatment: BAC below .15 = 24 consecutive hours; BAC greater than or equal to .15 = 2 consecutive days. If offender is not sentenced to the above, a 1 year term is mandatory.
Community Service: At the discretion of the judge.
Home Confinement with Electronic Monitoring: Allowed by statute (in lieu of mandatory imprisonment).
Intensive Supervision Probation: See "Promising Approaches" section below.
Victim Impact Panel: Special Education Program - at the discretion of the judge. Cost $50.
Action Against Offender�s Vehicle: Immobilization/Forfeiture for repeat offenders.
� Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Other Special Assessments/Surcharges: $250 to $500 Penalty Assessment; $125 Laboratory Assessment Fee; Safety and Education Assessment Fee equal to 60% of fine imposed for funding DUI education; Incarceration Costs of up to $50 per day; EMS Cost; Victim Restitution. Mandatory Probation: All offenders.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
� Suspension/Revocation: Washington has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $50, $100 if license was not surrendered timely.
� Conditional Licensing: None.
� Alcohol Ignition Interlock: By court order or for deferred prosecution restricted license.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: (for those assessed as not needing treatment) Alcohol and Other Drug Information School $125.
� Treatment: Washington has more than 450 different treatment programs. Cost varies and offender must pay.
� Intensive Weekend Intervention: None.