DWI COURT Determining the Model Target Population

Objectives Guiding Principle #1  Discuss a model target population for DWI Courts  Developing eligibility criteria  Importance of Community Input

DWI TARGET POPULATION Supplemental Reading Guiding 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 REPEAT Drunk 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 SUITABILITY Just 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 drivers  Hard core drinking drivers.