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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 Wisconsin to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 2nd, 3rd, 4th, 5th, and subsequent offenses within 10 years.
Repeat offenders, upon conviction for a 2nd or greater offense, are also defined by an illegal per se BAC level of .08 as opposed to .10 for the general population.
DUI doesn�t become a felony without bodily injury.
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 Wisconsin 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 Wisconsin within the limits of the law.
The approximate number of licensed drivers is 3.6 million.
The average BAC level of offenders arrested is .16.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1995 there were 7,755 convictions for 2nd and subsequent DUIs. 15,917 offenders 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 Wisconsin identification of repeat offenders in Wisconsin occurs most frequently at the time of arrest.
In Wisconsin offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC. High BAC offenders are not allowed to go home alone following arrest.
In Wisconsin following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders convicted.
In Wisconsin the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
Assessments are conducted by an approved public treatment facility designated by the county board. The cost ranges from $100 to $175 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Wisconsin results of the assessment are provided to DOT, the Driver Safety Plan provider, the client, and the assessment agency. The offender is referred to treatment on the basis of the assessment by their Driver Safety Plan.
In Wisconsin treatment is mandated for repeat offenders under the following circumstances: According to the assessment and Driver Safety Plan.
In Wisconsin 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 Wisconsin the following treatment facility or program specifically targets the hardcore drunk driver: Multiple Offender Program, Intensive Supervision Program.
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 Wisconsin to detect and apprehend drunk drivers:
Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Hot Sheets, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Wisconsin there is no Anti-Plea Bargaining Statute for DUI; however, the court must approve dismissals or amendments to charges.
In Wisconsin the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 10 years.
In Wisconsin deferred prosecution is only available in those counties with a population less than 100,000.
In Wisconsin at the time of sentencing, an individual�s conviction records are available for consideration by the court. This information includes his or her entire driving record (including drunk driving convictions).
In Wisconsin 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 Wisconsin, the following sanctions may only be ordered by the court:
Fines: $300 to $2,000 with mandatory minimums as follows: 1st offense - $150; 2nd offense - $300; 3rd and subsequent offense - $600.
Incarceration - Mandatory minimums: 2nd offense - 5 days; 3rd offense - 30 days, 4th offense - 60 days; and 5th or subsequent - 1 year.
Community Service: At the discretion of the court (may serve in lieu of fines/imprisonment).
Home Confinement with Electronic Monitoring: At the discretion of the court (may serve in lieu of imprisonment).
Intensive Supervision Probation: Wisconsin does not allow probation. However, a recent program for repeat offenders, called the Intensive Supervision Program functions very much like a pre-trial probation with treatment. See "Promising Approaches" section.
Action Against Offender�s Vehicle: Vehicle Immobilization, Vehicle Forfeiture - at the discretion of the court. Forfeiture of the vehicle is mandatory at 4th or subsequent offenses.
� Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Victim Impact Panel: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund, $300 Driver Improvement program, Crime Victim and Witness Assistance Program ($30 - misdemeanor/$50 - felony), and Visitation Program where offenders are required to visit places concerned with the care and treatment of alcohol or substance abuse problems and injuries.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Wisconsin has both pre-conviction administrative and post-conviction court-ordered, with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
� Conditional Licensing: Restricted occupational license available for 1st offenders with no minimum suspension . For subsequent offenders, this license is available following a 60 day suspension and prohibits the offender from operating with any BAC. Cost $40.
� Alcohol Ignition Interlock: In conjunction with an occupational license for 3rd and subsequent offenders for up to 2 years. Cost $60 per month.
� Autotimer, Fuel Lock, Special Plate: None
Rehabilitation:
� Assessment/Screening: Cost ranges from $100 to $175 and assessment determines Driver Safety Plan.
� Education: Traffic Safety School, tuition ranges from $90 to $250. Also, Wisconsin Correctional Services has a 24 hour education program for hardcore offenders called the Multiple Offender Program. Tuition is $85.
� Treatment: According to assessment determination.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Wisconsin to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 2nd, 3rd, 4th, 5th, and subsequent offenses within 10 years.
Repeat offenders, upon conviction for a 2nd or greater offense, are also defined by an illegal per se BAC level of .08 as opposed to .10 for the general population.
DUI doesn�t become a felony without bodily injury.
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 Wisconsin 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 Wisconsin within the limits of the law.
The approximate number of licensed drivers is 3.6 million.
The average BAC level of offenders arrested is .16.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1995 there were 7,755 convictions for 2nd and subsequent DUIs. 15,917 offenders 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 Wisconsin identification of repeat offenders in Wisconsin occurs most frequently at the time of arrest.
In Wisconsin offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC. High BAC offenders are not allowed to go home alone following arrest.
In Wisconsin following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� All offenders convicted.
In Wisconsin the assessment is conducted post-sentencing and the individual does not return to court for final sentencing based on the assessment.
Assessments are conducted by an approved public treatment facility designated by the county board. The cost ranges from $100 to $175 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Wisconsin results of the assessment are provided to DOT, the Driver Safety Plan provider, the client, and the assessment agency. The offender is referred to treatment on the basis of the assessment by their Driver Safety Plan.
In Wisconsin treatment is mandated for repeat offenders under the following circumstances: According to the assessment and Driver Safety Plan.
In Wisconsin 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 Wisconsin the following treatment facility or program specifically targets the hardcore drunk driver: Multiple Offender Program, Intensive Supervision Program.
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 Wisconsin to detect and apprehend drunk drivers:
Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Hot Sheets, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Wisconsin there is no Anti-Plea Bargaining Statute for DUI; however, the court must approve dismissals or amendments to charges.
In Wisconsin the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 10 years.
In Wisconsin deferred prosecution is only available in those counties with a population less than 100,000.
In Wisconsin at the time of sentencing, an individual�s conviction records are available for consideration by the court. This information includes his or her entire driving record (including drunk driving convictions).
In Wisconsin 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 Wisconsin, the following sanctions may only be ordered by the court:
Fines: $300 to $2,000 with mandatory minimums as follows: 1st offense - $150; 2nd offense - $300; 3rd and subsequent offense - $600.
Incarceration - Mandatory minimums: 2nd offense - 5 days; 3rd offense - 30 days, 4th offense - 60 days; and 5th or subsequent - 1 year.
Community Service: At the discretion of the court (may serve in lieu of fines/imprisonment).
Home Confinement with Electronic Monitoring: At the discretion of the court (may serve in lieu of imprisonment).
Intensive Supervision Probation: Wisconsin does not allow probation. However, a recent program for repeat offenders, called the Intensive Supervision Program functions very much like a pre-trial probation with treatment. See "Promising Approaches" section.
Action Against Offender�s Vehicle: Vehicle Immobilization, Vehicle Forfeiture - at the discretion of the court. Forfeiture of the vehicle is mandatory at 4th or subsequent offenses.
� Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Victim Impact Panel: None.
Other Special Assessments/Surcharges: Victim�s Restitution Fund, $300 Driver Improvement program, Crime Victim and Witness Assistance Program ($30 - misdemeanor/$50 - felony), and Visitation Program where offenders are required to visit places concerned with the care and treatment of alcohol or substance abuse problems and injuries.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Wisconsin has both pre-conviction administrative and post-conviction court-ordered, with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
� Conditional Licensing: Restricted occupational license available for 1st offenders with no minimum suspension . For subsequent offenders, this license is available following a 60 day suspension and prohibits the offender from operating with any BAC. Cost $40.
� Alcohol Ignition Interlock: In conjunction with an occupational license for 3rd and subsequent offenders for up to 2 years. Cost $60 per month.
� Autotimer, Fuel Lock, Special Plate: None
Rehabilitation:
� Assessment/Screening: Cost ranges from $100 to $175 and assessment determines Driver Safety Plan.
� Education: Traffic Safety School, tuition ranges from $90 to $250. Also, Wisconsin Correctional Services has a 24 hour education program for hardcore offenders called the Multiple Offender Program. Tuition is $85.
� Treatment: According to assessment determination.
� Intensive Weekend Intervention: None.
