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DWI COURT
Determining the Model Target Population
ObjectivesGuiding Principle #1
Discuss a model target population for DWI Courts Developing eligibility criteria
Importance of Community Input
DWI TARGET POPULATION
Supplemental ReadingGuiding Principle #1
ISSUE: What type of offender should be admitted into the DWI Court ?
Eligibility Criteria
Written characteristics which define who within your
offender population may be admitted to DWI Court.
Eligibility Criteria
OFFENDER CHARACTERISTICS
OFFENSE CHARACTERISTICS________
Qualifiers vs. Disqualifiers
BE INCLUSIVE NOT EXCLUSIVE
Consider everyone you have the political support to take
Consider everyone you have the resources to take
Consider the offender along with the offense
So who are you considering?
Is it this guy?...
DUI Court is a risky business
Potential target population statistically is:
Repeat Drunk Drivers
Hardcore Drunk Drivers
The The REPEAT REPEAT Drunk DriverDrunk Driver
REPEAT DRUNK DRIVERS
Fatally injured drivers with BAC levels of 0.08 or more are 900% more likely to have a prior
DWI conviction than fatally injured sober drivers.
A driver with at least one prior DWI conviction is 140% more likely to be involved in a fatal crash than a driver
with no DWI conviction.
NHTSA National Center for Statistics and Analysis, 2004
REPEAT DRUNK DRIVERS
37% of DWI offenders are already under probation supervision at arrest
47% of those in jail or prison for DWI have priors
One third of all drivers arrested for DWI/DUI are repeat offenders; causing nearly half of all DWI
fatalities
Median BAC is .19 for repeat offenders
Who are Hard Core Drunk Drivers?
More than .15 BAC at time of arrest
Hard Core Drunk Drivers
58% of all alcohol-related traffic fatalities in 2000 involved drivers with a BAC of .15 or
above.
Drivers with a BAC of .15 or above are 385 times more likely to be involved in a crash
than a sober driver
NHTSA, 2001
Other Characteristics of DWI Offenders
Often have Addictions besides Alcohol May have personality disorders &
co-occurring disorders Often score low to moderate on risk
assessment tools Often don’t view themselves as
“outlaws” or criminals
Eligibility Characteristics
Number of prior DWI convictions Repeat Drunk Driver
Criminal history Aggravating Circumstances in present
charge Crash/property damage/injuries Hardcore Drunk Driver
Geography/Residency/Age Restrictions History of Violent Crimes/Weapons Offenses AOD Assessment Risk Assessment Mental Health Issues
Issues to Consider
Mandatory Minimum Sentences Judicial discretion to suspend
Home detention Fines/Costs Other statutory obligations
License Reinstatement requirements
Legal Screening
What? Follows the eligibility criteria
Who? Prosecutor Defense Attorney Coordinator Entire Team
Legal Screening
SUITABILITYJust because someone qualifies - does the team have to admit them into the program?
DWI COURT:The Balancing Act
You must take the serious offenders in DWI Court who will have a negative
impact on the community, yet not take offenders whom the community demands to be incapacitated by
the penal aspect of the criminal justice system.
So, your two major target populations:
Repeat drinking driversHard core drinking drivers.