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.