DWI court

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DWI courts (sometimes called DUI courts) are a form of court that exists in some United States legal jurisdictions, that use substance-abuse interventions and treatment with defendants who plead guilty of driving while intoxicated or impaired. DUI courts may focus on repeat offenders and drivers with very high levels of blood alcohol at the time of the offense. [1] As of December 2011, there were approximately 192 designated DUI courts in the United States, and approximately 406 drug courts that also accept DUI offenders. [1]

Contents

Terminology

The term DWI stands for driving while intoxicated, while the term DUI stands for driving under the influence. Both charges relate to operating a motor vehicle while impaired as the result of the consumption of alcohol or another intoxicant. The name given to a DWI court may vary depending upon the terminology used in the state for its impaired driving offenses.

Goals

DWI courts tend to focus on the most serious cases and repeat offenders, and thus apply strict standards to the cases and defendants that come before them. [1] Drunk and impaired driving offenses involves a substantial risk of harm and death to the driver and to others, as a foreseeable consequence of such conduct. [2] In 1996, DWI cases accounted for 32 percent of motor vehicle traffic fatalities in the United States [3] In 2014, alcohol was involved in 9,967 motor vehicle accident deaths, accounting for 31 percent of all traffic fatalities. [4]

It is estimated that 6.2 percent of adults aged eighteen and older have an alcohol use disorder, characterized by an impaired ability to stop or control alcohol use. [4] DWI courts focus on defendants who are deemed at high risk of re-offending if given a less intensive disposition. [5] DWI courts seek to reduce impaired driving by treating alcoholism, while requiring offenders to take responsibility for their actions. [1] [6]

Studies suggest that DWI courts reduce both DWI recidivism and general criminal recidivism by an average of more than twelve percent, with the most successful DWI courts reducing recidivism by as much as fifty to sixty percent as compared to other forms of sentencing. [7]

Participation

Defendants who want DWI court treatment are required to abstain from drinking alcohol. [5] Participants may also be subject to various requirements [8] such as:

When defining DWI offenses, states and courts must consider whether or not the charge or a specific drunk driving offense should be classified as a crime of violence. If a court rules the incident as a crime of violence, which would result in the charge being treated as an "aggravated" felony for purposes if immigration law. [12] [13]

DWI Checkpoints may be used in conjunction with DWI courts to identify and prosecute impaired drivers. [14]

In many jurisdictions, the court in which a DWI case is heard depends on the law enforcement agency that cited the individual and the location of the alleged violation. Cases often begin in a lower court, such as a justice or municipal court. Cases that involves more serious charges or appeals may be moved to a higher trial court. [15] [16]

Related Research Articles

Drunk driving is the act of operating a motor vehicle with the operator's ability to do so impaired as a result of alcohol consumption, or with a blood alcohol level in excess of the legal limit. For drivers 21 years or older, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For drivers under 21 years old, the legal limit is lower, with state limits ranging from 0.00 to 0.02. Lower BAC limits apply when operating boats, airplanes, or commercial vehicles. Among other names, the criminal offense of drunk driving may be called driving under the influence (DUI), driving while intoxicated or impaired (DWI), operating [a] vehicle under the influence of alcohol (OVI), or operating while impaired (OWI).

Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term probation applies only to community sentences, such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer.

<span class="mw-page-title-main">Driving under the influence</span> Driving a motor vehicle while under the influence of an impairing substance

Driving under the influence (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, to a level that renders the driver incapable of operating a motor vehicle safely. Multiple other terms are used for the offense in various jurisdictions.

Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.

<span class="mw-page-title-main">Mothers Against Drunk Driving</span> Nonprofit organization

Mothers Against Drunk Driving (MADD) is a non-profit organization in the United States, Canada and Brazil that seeks to stop driving with any amount of alcohol in the bloodstream, support those affected by drunk driving, prevent underage drinking, and strive for stricter impaired driving policy, whether that impairment is caused by alcohol or any other drug. The Irving, Texas-based organization was founded on September 5, 1980, in California by Candace Lightner after her 13-year-old daughter, Cari, was killed by a drunk driver. There is at least one MADD office in every state of the United States and at least one in each province of Canada. These offices offer victim services and many resources involving alcohol safety. MADD has claimed that drunk driving has been reduced by half since its founding.

<span class="mw-page-title-main">Ignition interlock device</span> Breathalyzer for an individuals vehicle

An ignition interlock device or breath alcohol ignition interlock device is a breathalyzer for an individual's vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle. If the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration, the device prevents the engine from being started. The interlock device is located inside the vehicle, near the driver’s seat, and is directly connected to the engine’s ignition system. It is a form of electronic monitoring.

<span class="mw-page-title-main">Recidivism</span> Person repeating an undesirable behavior following punishment

Recidivism is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to extinguish it. Recidivism is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.

License suspension or revocation traditionally follows conviction for alcohol-impaired or drunk driving. However, under administrative license suspension (ALS) laws, sometimes called administrative license revocation or administrative per se, licenses are confiscated and automatically suspended independent of criminal proceedings whenever a driver either (1) refuses to submit to chemical testing, or (2) submits to testing with results indicating a blood alcohol content of 0.08% or higher.

<span class="mw-page-title-main">Random checkpoint</span> Temporary military or police roadblock

A random checkpoint is a military and police tactic. In a military context, checkpoints involve the setup of a hasty roadblock by mobile truck- or armored vehicle-mounted infantry to disrupt unauthorized or unwanted movement or military activity and to check for valid identification and search for contraband, fugitives, or weapons that are not permitted in civilian hands. Random checkpoints are set up to achieve surprise, as opposed to known permanently located checkpoints, which suspects could circumvent. They are often established in locations where they cannot be observed by approaching traffic until it is too late to withdraw and escape without being observed.

<span class="mw-page-title-main">Medical-psychological assessment (Germany)</span>

In Germany, a medical-psychological assessment is used by the authorities in deciding whether to revoke or reissue a driving license. Medical-psychological assessment has been shown to be highly effective at reducing the recidivism rate for drunk drivers. Drivers who are identified as potentially unfit may have their driver's license suspended and must satisfactorily complete an MPU to get their license reinstated. MPUs are commonly required due to drug- and alcohol-related offenses, or any other offenses that demonstrate a potential lack of maturity and judgment to safely participate in traffic.

The U.S. state of Maryland has various policies regarding the production, sale, and use of different classes and kinds of drugs.

<span class="mw-page-title-main">Alcohol laws of New Jersey</span>

The state laws governing alcoholic beverages in New Jersey are among the most complex in the United States, with many peculiarities not found in other states' laws. They provide for 29 distinct liquor licenses granted to manufacturers, wholesalers, retailers, and for the public warehousing and transport of alcoholic drinks. General authority for the statutory and regulatory control of alcoholic drinks rests with the state government, particularly the Division of Alcoholic Beverage Control overseen by the state's Attorney General.

The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content before a person is charged with a crime. Thresholds range from the limit of detection (zero-tolerance) to 0.08%. Some countries have no limits or laws on blood alcohol content.

<span class="mw-page-title-main">Drunk driving</span> Operating a motor vehicle under the influence of alcohol

Drunk driving is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash.

<span class="mw-page-title-main">Drug-impaired driving</span> Driving a motor vehicle while under the influence of an impairing substance

Drug-impaired driving, or drug driving, in the context of its legal definition, is the act of driving a motor vehicle while under the influence of an impairing substance. DUID, or Driving Under the Influence of Drugs, is prohibited in many countries. Several American states and European countries now have "per se" DUID laws that presume a driver is impaired if they are found to have any detectable quantity of controlled substances in their body while operating an automobile and that the driver has no doctor's prescription for the substance. This is similar to the "per se" DUI/DWI laws that presume a driver is impaired when their blood alcohol content is above a certain level. There is some controversy with "per se" DUID laws in that a driver with any detectable quantity of controlled substances may not in fact be impaired and the detectable quantity in blood or sweat may be only the remnants of drug use in days or weeks past. It is against road traffic safety. Research on factors associated with engaging in DUID is receiving increasing attention to develop more effective countermeasures.

<span class="mw-page-title-main">Incarceration prevention in the United States</span> Methods to reduce prison populations in America

Incarceration prevention refers to a variety of methods aimed at reducing prison populations and costs while fostering enhanced social structures. Due to the nature of incarceration in the United States today caused by issues leading to increased incarceration rates, there are methods aimed at preventing the incarceration of at-risk populations.

<span class="mw-page-title-main">Field sobriety testing</span> Battery of tests used by police officers

Field sobriety tests (FSTs), also referred to as standardized field sobriety tests (SFSTs), are a battery of tests used by police officers to determine if a person suspected of impaired driving is intoxicated with alcohol or other drugs. FSTs are primarily used in the United States, to meet "probable cause for arrest" requirements, necessary to sustain an alcohol-impaired driving conviction based on a chemical blood alcohol test.

Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors and young adults aged 18–20 can be charged with impaired driving based on blood alcohol levels of 0.01 or higher, and CDL license holders can be charged based upon blood alcohol levels of 0.04 or higher.

<span class="mw-page-title-main">Cannabis and impaired driving</span> Overview of the relationship between the use of Cannabis and impaired driving ability

Two main questions arise in the law surrounding driving after having ingested cannabis: (1) whether cannabis actually impairs driving ability, and (2) whether the common practice of testing for THC is a reliable means to measure impairment. On the first question, studies are mixed. Several recent, extensive studies–including one conducted by the National Highway Traffic Safety Administration and one conducted by the American Automobile Association (AAA)–show that drivers with detectable THC in their blood are no more likely to cause car crashes than drivers with no amount of THC in their blood. Others show that cannabis can impair certain abilities important to safe driving –but no studies have been able to show that this increases the actual risk of crashing, or that drivers with THC in their blood cause a disproportionate number of crashes. On the second question, the studies that have been conducted so far have consistently found that THC blood levels and degree of impairment are not closely related. No known relationship between blood levels of THC and increased relative crash risk, or THC blood levels and level of driving impairment, has been shown by single-crash or classic-control studies. Thus, even though it is possible that cannabis impairs driving ability to some extent, there are currently no reliable means to test or measure whether a driver was actually impaired.

Electronic monitoring or electronic incarceration (e-carceration) is state use of digital technology to monitor, track and constrain an individual's movements outside of a prison, jail or detention center. Common examples of electronic monitoring of individuals under pre-trial or immigrant detention, house arrest, on probation or parole include: GPS wrist and ankle monitors, cellphones with biometric security systems, ignition interlock devices and automated probation check-in centers or kiosks.

References

  1. 1 2 3 4 "What is a DWI Court?". National Center for DWI Courts. Archived from the original on 2 March 2018. Retrieved 1 March 2018.
  2. ↑ Schuman, Gary (2008). "Dying Under The Influence". Tort Trial & Insurance Practice Law Journal. 43: 1–62.
  3. ↑ "National Drunk Driving Crackdown — August 15–September 1, 2008". Morbidity and Mortality Weekly Report. 57 (31): 854. 8 August 2008. JSTOR   23318693 . Retrieved 1 March 2018.
  4. 1 2 "Alcohol Facts and Statistics". National Institute on Alcohol Abuse and Alcoholism. Retrieved 1 March 2018.
  5. 1 2 Vlavianos, Richard; Floerke, Shaun; Carey, Shannon. "DWI Court Research and Best Practices" (PDF). National Association of Drug Court Professionals. Retrieved 1 March 2018.[ permanent dead link ]
  6. ↑ Hess, Kären M.; Christine Hess Orthmann (2008). "Courts". Introduction to Law Enforcement and Criminal Justice (9 ed.). Cengage Learning. p. 582. ISBN   978-0-495-39090-9.
  7. ↑ Harron, Ashley (January 2015). "The Bottom Line" (PDF). National Center for DWI Courts. Retrieved 1 March 2018.
  8. ↑ See, e.g., "Adult DUI/DWI Treatment Court Programs" (PDF). Maryland Drug Courts. Office of Problem- Solving Courts. Retrieved 1 March 2018.
  9. ↑ Olson, Rochelle (30 December 2007). "DWI court succeeds by keeping keen eye on offenders". Star Tribune. Archived from the original on 2008-10-10. Retrieved 2009-09-25.
  10. ↑ Nichols, Tison, J.; Casanova-Powell, T.; Chaudhary, N.K. (April 2015). "Comparative study and evaluation of SCRAM use, recidivism rates, and characteristics. (Report No. DOT HS 812 143)" (PDF). National Highway Traffic Safety Administration. Retrieved 1 March 2018.{{cite web}}: CS1 maint: multiple names: authors list (link)
  11. ↑ Kierkus, Christopher A.; Johnson, Brian R. (2015). "Michigan DUI/Sobriety Ignition Interlock Evaluation" (PDF). Foundation for Advancing Alcohol Responsibility. Michigan Association of Drug Court Professionals. Retrieved 16 February 2019.
  12. ↑ Hicks, Eric (April 2011). "Comments on Sentencing Procedures". Federal Sentencing Reporter. 23 (4): 265. doi:10.1525/fsr.2011.23.4.265. JSTOR   10.1525/fsr.2011.23.4.265.
  13. ↑ Davenport, Maria-Teresa (Spring 2006). "Deportation and Driving: Felony Dui and Reckless Driving as Crimes of Violence Following Leocal v. Ashcroft". The Journal of Criminal Law and Criminology. 96 (3): 849–875. JSTOR   40042799.
  14. ↑ Davis, Robert (May 2012). "Selected International Best Practices in Police Performance Measurement". Center on Quality Policing: 37–39. ISBN   9780833069801. JSTOR   10.7249/j.ctt1q60z7.
  15. ↑ Ahlin, Eileen; Douds, Ann, eds. (2021). "DWI Courts". Taking problem-solving courts to scale: diverse applications of the specialty court model. Lanham Boulder New York London: Lexington Books. p. 53. ISBN   9781793608420.
  16. ↑ Block, Alan W. (6 June 2016). "Survey of DWI Courts". rosa P. National Highway Traffic Safety Association. Retrieved 14 October 2024.
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