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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 West Virginia to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 3rd or subsequent offense within 10 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 West Virginia records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions (only criminal, not administrative) from other states are considered prior offenses in West Virginia, within the limits of the law.
The approximate number of licensed drivers is 1.3 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on repeat offenders are based on arrests and convictions. Statistics on DUI arrests and convictions are: Information Not Available.
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 West Virginia identification of repeat offenders in West Virginia occurs most frequently at pre-trial.
In West 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 West Virginia following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In West Virginia the assessment is conducted pre-trial and the individual returns to court for final sentencing based on the assessment, depending upon the agency conducting the assessment.
In West Virginia assessments are conducted by either the DMV subcontracted private agency or county mental health center or the probation office. The cost is $175 and is usually borne by the offender. It includes both the assessment and an 18 hour educational component.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In West Virginia results of the assessment are provided to: Information Not Available.
In West Virginia treatment is mandated for repeat offenders under the following circumstances: All DUI offenders are required to attend an alcohol safety and education program.
In West 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 West Virginia 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 West Virginia to detect and apprehend drunk drivers
Sobriety Checkpoints, 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 West Virginia there is no Anti-Plea Bargaining Statute for DUI.
In West 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 West Virginia 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 West 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 West Virginia, the following sanctions may only be ordered by the court:
Fines: $100 to $3,000 with mandatory minimums.
Incarceration - Mandatory minimums: 1st offense - 1 day to 6 months; 2nd offense - 6 months to 1 year; 3rd offense or subsequent - 1 to 3 years.
Community Service: May serve as alternative to imprisonment.
Home Confinement with Electronic Monitoring: Allowed by statute in misdemeanor cases in lieu of incarceration.
Intensive Supervision Probation: At the discretion of the court.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: None.
Other Special Assessments/Surcharges: Crime Victim�s Compensation Fund via court order, 2% of the fine imposed is assessed against every DWI offender. Felony offenders are also assessed $50, all of which go to the Crime Victim�s Compensation Fund.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: West Virginia has both pre-conviction administrative and post-conviction court-ordered, with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $65. BAC level does not need to be established to revoke a license. Minimum mandatory license revocation periods only apply if offender is enrolled in an alcohol treatment program.
� Conditional Licensing: None
� Alcohol Interlock: West Virginia is the only state where the DMV controls and administers the ignition interlock program. The program is voluntary and incentive-based for eligible offenders. To be eligible, offenders who elect to participate must be enrolled in or have completed a safety and treatment program. There is a $25 application fee and the device costs approximately $105. A local insurance company offers discounts for eligible DUI offenders that help to off set the penalty rates by approximately 50%.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Treatment: Assessment triggers need. Phase I consists of 3, 18-hour components. Phase II (more serious offenders, normally if BAC above .15) consists of group meetings and abstinence testing. Phase III consists of outpatient with continuous monitoring. Cost varies and offender must pay.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in West Virginia to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 3rd or subsequent offense within 10 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 West Virginia records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions (only criminal, not administrative) from other states are considered prior offenses in West Virginia, within the limits of the law.
The approximate number of licensed drivers is 1.3 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on repeat offenders are based on arrests and convictions. Statistics on DUI arrests and convictions are: Information Not Available.
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 West Virginia identification of repeat offenders in West Virginia occurs most frequently at pre-trial.
In West 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 West Virginia following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders.
In West Virginia the assessment is conducted pre-trial and the individual returns to court for final sentencing based on the assessment, depending upon the agency conducting the assessment.
In West Virginia assessments are conducted by either the DMV subcontracted private agency or county mental health center or the probation office. The cost is $175 and is usually borne by the offender. It includes both the assessment and an 18 hour educational component.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In West Virginia results of the assessment are provided to: Information Not Available.
In West Virginia treatment is mandated for repeat offenders under the following circumstances: All DUI offenders are required to attend an alcohol safety and education program.
In West 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 West Virginia 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 West Virginia to detect and apprehend drunk drivers
Sobriety Checkpoints, 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 West Virginia there is no Anti-Plea Bargaining Statute for DUI.
In West 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 West Virginia 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 West 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 West Virginia, the following sanctions may only be ordered by the court:
Fines: $100 to $3,000 with mandatory minimums.
Incarceration - Mandatory minimums: 1st offense - 1 day to 6 months; 2nd offense - 6 months to 1 year; 3rd offense or subsequent - 1 to 3 years.
Community Service: May serve as alternative to imprisonment.
Home Confinement with Electronic Monitoring: Allowed by statute in misdemeanor cases in lieu of incarceration.
Intensive Supervision Probation: At the discretion of the court.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: None.
Other Special Assessments/Surcharges: Crime Victim�s Compensation Fund via court order, 2% of the fine imposed is assessed against every DWI offender. Felony offenders are also assessed $50, all of which go to the Crime Victim�s Compensation Fund.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: West Virginia has both pre-conviction administrative and post-conviction court-ordered, with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $65. BAC level does not need to be established to revoke a license. Minimum mandatory license revocation periods only apply if offender is enrolled in an alcohol treatment program.
� Conditional Licensing: None
� Alcohol Interlock: West Virginia is the only state where the DMV controls and administers the ignition interlock program. The program is voluntary and incentive-based for eligible offenders. To be eligible, offenders who elect to participate must be enrolled in or have completed a safety and treatment program. There is a $25 application fee and the device costs approximately $105. A local insurance company offers discounts for eligible DUI offenders that help to off set the penalty rates by approximately 50%.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Treatment: Assessment triggers need. Phase I consists of 3, 18-hour components. Phase II (more serious offenders, normally if BAC above .15) consists of group meetings and abstinence testing. Phase III consists of outpatient with continuous monitoring. Cost varies and offender must pay.
� Intensive Weekend Intervention: None.
