Sentencing

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Sentencing

Digest of Impaired Driving and Selected Beverage Control Laws, 23rd Edition
NHTSA
Published 2006

Provides a listing of state laws dealing with impaired driving and alcohol control issues. Areas covered include the various bases for DUI offenses, chemical testing, DUI adjudication, administrative license revocation, other alcohol-related offenses and dram shop liability. The information is compiled in a consistent format in order to make research easier. www.ntis.gov
Affiliation: Prosecution Defense Judicial Government http://www.ncutlo.org/beveragelaws.pdf
Available online: click here

Strategies for Addressing DWI Offenders: 10 Promising Sentencing Practices
National Highway Traffic Safety Administration
Published 2005

This document was produced as a result of the Sentencing Summit held at the National Judicial College in March 2004. It provides innovative sentencing strategies for judges who hear DWI cases, including use of DWI Courts, Staggered Sentencing, Sentencing Circles, Vehicle and License Plate Sanctions, Ignition Interlock Devices, Electronic Monitoring and SCRAM, Victim Impact Panels, Cognitive Behavioral Therapy, Drug Therapy, and Reentry Courts and Programs.
Affiliation: Government http://www.nhtsa.gov/people/injury/enforce/PromisingSentence/pages/index.htm
Available online: click here

Prior Convictions in DUI Prosecutions
LEXIS Law Publishing
Published 2005

This publication provides information regarding how prosecutors can obtain certified copies of prior DUI convictions, including how to obtain out-of-state driving records. It also has case citations interpreting DUI laws from other states and the DUI statutes and sample driving records from most other states. LEXIS Law Publishing
Affiliation: Prosecution Vendor http://www.nhtsa.dot.gov/people/injury/research/BreathTestRefusal/pages/RptSummary.htm
Available online: click here

Guide to Sentencing DWI Offenders, 2nd Edition
NA
Published 2005

This guide is designed to assist judges and prosecutors with the sentencing of repeat DUI offenders in order to reduce recidivism among this type of offender. www.ntis.gov
Affiliation: Prosecution Judicial http://www.nhtsa.dot.gov/people/injury/alcohol/DWIOffenders/index.htm
Available online: click here

DWI Courts and DWI/Drug Courts: Reducing Recidivism, Saving Lives
National Drug Court Institute
Published 2005

Informational on-line article posing the question whether the drug court model can be translated with the same success to the offense of DUI. The article covers the history and success of drug courts and explains both the DUI court model and the theories regarding its success. The piece also gives a helpful list of several currently functioning DUI courts and details several other references and resources which provide more information on DUI courts. www.ndci.org
Affiliation: Prosecution Judicial Government http://www.ndci.org/dwi_drug_court.htm
Available online: click here

DWI- Preparing for Plan B: Mitigating Punishment in DWI Sentencing
Michael M. Hawkins and Gus McDonald
Published 2004

This article for criminal defense lawyers explores options for minimizing a client's punishment when faced with an adverse verdict or a high-risk case. By focusing on the reasons why society punishes criminals, the authors examine a variety of arguments and mitigating circumstances that may be properly considered by the court during sentencing.
Affiliation: Defense http://www.nacdl.org/public.nsf/0/726153fbc14cc82385256eae004ab990?OpenDocument&Highlight=0,DWI
Available online: click here

DUI Best Sentencing Practices Guidebook
Mike Haddon, Gary Franchina, and Ron Gordon
Published 2004

This guidebook, written for the Utah Sentencing Commission, describes best practices for sentencing DUI offenders. The book specifically addresses best practices for incarceration, probation, electronic monitoring, ignition interlock, community service, fines, screening and assessment, education and treatment, victim impact panels, and license suspensions and revocations. The Guidebook emphasizes that there is no sentencing "silver bullet" and that the sanctions and interventions imposed in DUI cases must be tailored to each offender.
Affiliation: Government http://www.sentencing.utah.gov/DUI/DUI_BEST_PRACTICES.pdf
Available online: click here

Sentencing Options

Continuous Transdermal Alcohol Monitoring: A Practitioner's Guide
Traffic Injury Research Foundation
Published 2007

This second report on transdermal alcohol monitoring provides a framework to assist agencies with the development of policies and practices to apply such technology to monitor offenders who are diagnosed with alcohol issues. It reviews steps associated with implementing a comprehensive supervision system involving continuous transdermal monitoring technology.
Affiliation: Government http://www.trafficinjuryresearch.com/publications/pub_details.cfm?intPublD=237
Available online: click here

Alcohol Interlock Programs: Enhancing Acceptance, Participation and Compliance
Douglas J. Bierness and Robyn D. Robertson
Published 2005

This report provides a summary of the presentations at the 2003 international symposium on alcohol ignition interlock programs. The symposium included sessions on Implementation issues, the Status of Interlock Programs Around the World, Problems and Solutions, Enhancing Acceptance, and Enhancing Participation and Compliance. The report also includes a section outlining some of the common ideas and themes that emerged from discussions in the workshop sessions.
Affiliation: Other http://www.trafficinjuryresearch.com/publications/PDF_publications/Hilton_Head_Proceedings.pdf
Available online: click here

DUI Drug Courts: Key Components
National Drug Court Institute
Published 2004

Using video footage of actual DUI court proceedings and "team" meetings (with the judge, prosecutor, defense counsel, and probation and treatment staff), these video segments describe the fundamental components of DUI courts, including: integration of treatment into the justice process; a nonadversarial, team approach; extensive judicial involvement with offenders; and predictable sanctions for noncompliance.
Affiliation: Other http://www.nadcp.org/docs/dkeypdf.pdf
Available online: click here

Hardcore Drunk Driving Judicial Guide
National Association of State Judicial Educators
Published 2004

This judicial guide outlines effective strategies and model programs for judges facing hardcore drunk drivers. Emphasizing the need for appropriate sentencing, this publication suggests that judges: recognize high BAC as an indicator of hardcore drunk driving; restrict plea bargaining and diversion programs; mandate alcohol assessments and evaluations; impose meaningful fines; employ the use of vehicle sanctions, ignition interlock devices, and intensive monitoring, supervision, and probation; and avoid substituting community service for harsher sanctions, among other things.
Affiliation: Judicial http://nasje.org/resources/HCDrunk/HCDrunkJudicialGuide.pdf
Available online: click here

Drug Court: A S.T.E.P. in the Right Direction
The 26th Judicial District of North Carolina in Charlotte
Published 2003

This video shows actual court proceedings and treatment team meetings from a DUI Court in North Carolina called the S.T.E.P. program. "S.T.E.P.," which is an acronym for Supervision, Treatment, Education, and Prevention, encourages recovery and aims to break the cycle of addiction, crime, and recidivism typical of DUI offenders. The S.T.E.P. program takes a rehabilitative approach to justice, incorporating intensive treatment, close supervision/case management, weekly drug testing, frequent appearances before the judge, and predictable and escalating sanctions for program violations.
Affiliation: Government http://nasjedui.unm.edu/video_pp/NCVideo.htm
Available online: click here

DWI Sentencing Calculator for Magistrates
New Mexico Judicial Education Center
Published 2003

This interactive program, based on New Mexico law, is designed to assist magistrate judges in determining the sentencing choices available for misdemeanor DWI convictions. The judge enters the circumstances applicable to a particular case and the program responds with the minimum and maximum sentencing requirements and options as set by New Mexico statute. The program first asks questions about the nature and level of the DWI offense, then provides the jail term, fines and fees that are either mandatory or discretionary. The program is not a substitute for a determination of guilt or for independent judicial decision making. While it is an aid for quickly calculating the applicable sentencing ranges, the judge must determine the appropriate sentence for the defendant within the allowable range for each case.
Affiliation: Judicial http://jec.unm.edu/sentencing_calculators/dwi_magistrate/calculator.htm
Available online: click here

Initiatives to Address Impaired Driving
National Highway Transportation Safety Administration
Published 2003

This report from NHTSA looks at the safety problems caused by impaired drivers and suggests strategies for reducing driver impairment. Recommended countermeasure strategies include high visibility police, specialized DUI courts, DUI prosecutors, efficient offender processing, strong alcohol control policies and enforcement, and alternative sanctions/limitations on pre-conviction diversion programs. The report also recommends infrastructure initiatives: promoting statewide self-sufficiency in funding, increasing post-crash BAC testing, implementing impaired driving record information systems, establishing state DUI task forces, and enacting comprehensive state DUI legislation.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/alcohol/IPTReport/FinalAlcoholIPT-03.pdf
Available online: click here

Alcohol Interlock as a Condition of License Reinstatement
Douglas J. Beirness and Herb M. Simpson
Published 2003

This report advocates making ignition interlocks a mandatory condition of license reinstatement and recommends that courts consider ignition interlocks as a form of incapacitation (not rehabilitation or punishment), ensure prompt installation after conviction, offer incentives for participation, impose impoundment/immobilization as a sanction for violation, and monitor compliance carefully.
Affiliation: Other http://trafficinjuryresearch.com/publications/PDF_publications/Reinstatement_Report.pdf
Available online: click here

Sourcebook - The National Agenda: A System to Fight Hardcore DWI
National Hardcore Drunk Driver Project
Published 2003

This Sourcebook, designed as a comprehensive resource for judges and others in reducing hardcore drunk driving, contains a section on "Certain Punishment." The section addresses prosecution of DUI cases and issues in adjudication, including test refusal, failure to appear, records, pre-sentence investigations, DWI courts and diversion programs. It also addresses sentencing objectives and factors that influence sentencing, including court monitoring, plea bargaining and judicial DUI seminars. The section covers a range of driver-based sanctions, such as license restrictions, community service, victim impact panels, fines and other financial sanctions, and supervisory and probation programs. It also covers vehicle-based sanctions, including registration cancellation, license plate seizure, immobilization and impoundment.
Affiliation: Other http://dwidata.org/
Available online: click here

DWI System Improvements for Dealing with Hardcore Drinking Drivers: Monitoring
Robyn D. Robertson and Herb M. Simpson
Published 2003

This report is the fourth in a series published by the Traffic Injury Research Foundation that addresses the ways the justice system can improve the efficiency and effectiveness of how it deals with hardcore drunk drivers. The report identifies key problems with the monitoring of hardcore drunk drivers and offers solutions derived from research on how to improve the system.
Affiliation: Other http://www.trafficinjuryresearch.com/publications/PDF_publications/Monitoring_Report.pdf
Available online: click here

A Judicial Curriculum on Juvenile DWI and Alcohol & Other Drug Use
National Highway Traffic Safety Administration and the National Council of Juvenile and Family Court Judges
Published 2003

This comprehensive curriculum encourages judges to impose appropriate treatment and sanctions on juvenile DWI offenders and to become leaders in the development of community-based prevention and intervention programs. The curriculum includes information on drug and alcohol trends, adolescent development, law enforcement, screening and assessment, dispositions, and engaging the community. In addition to PowerPoint presentations, the curriculum includes a workshop coordinator's guide, lesson plans, participant materials, and a video, "Beyond the Bench," which addresses judges' ethical concerns when engaging in extra-judicial prevention activities. The entire curriculum may be obtained from the National Council of Juvenile and Family Court Judges, P.O. Box 8970, Reno, Nevada, 89507, (775) 784-6012.
Affiliation: Judicial http://www.nhtsa.dot.gov/people/injury/alcohol/juveniledui/part1/page5.html
Available online: click here

DWI Sentencing Calculator for Municipals
New Mexico Judicial Education Center
Published 2003

This interactive program, based on New Mexico law, is designed to assist municipal judges in determining the sentencing choices available for DWI convictions under municipal ordinances. The judge enters the circumstances applicable to a particular case and the program responds with the minimum and maximum sentencing requirements and options as provided by state law. The program first asks questions about the nature and level of the DWI offense, then provides the jail term, fines and fees that are either mandatory or discretionary. The program is not a substitute for a determination of guilt or for independent judicial decision making. While it is an aid for quickly calculating the applicable sentencing ranges, the judge must determine the appropriate sentence for the defendant within the allowable range for each case.
Affiliation: Judicial http://jec.unm.edu/sentencing_calculators/dwi_municipal/calculator.htm
Available online: click here

Michigan Association of Drug Court Professionals: 4th Annual Conference
Michigan Judicial Institute
Published 2003

In this seminar, judges and drug/DUI court professionals learn about 12-step programs, the use of acupuncture in drug and alcohol treatment, coalition building and collaboration, DUI/sobriety courts, effective sanctions and incntives, psychopharmacology in people with addictions, relapse prevention, and therapeutic jurisprudence. The seminar included lectures, panel discussions, case studies, computer assisted teaching, discussions, exercises, and written materials. For more information, click on the link below or contact the Michigan Judicial Institute, P.O. Box 30205, Lansing, MI 48909, 9517) 373-7607.
Affiliation: Judicial http://courts.michigan.gov/mji/
Available online: click here

The Ignition Interlock System: An Evidentiary Tool Becomes a Sentencing Element
Andrew Fulkerson
Published 2003

This article considers the evolution of DWI laws and technology, focusing on how the ignition interlock device has changed from an evidentiary tool to a sentencing element. The article suggests that ignition interlock devices effectively reduce DWI recidivism because they do not depend on the motivation of the offender, but simply prevent offenders from drinking and driving by intervening between the offender and the vehicle.
Affiliation: Judicial http://aja.ncsc.dni.us/courtrv/cr39_4/CR39-4Fulkerson.pdf
Available online: click here

New Mexico DWI Benchbook: Criminal Proceedings Involving Driving Under the Influence of Alcohol or Drugs
New Mexico Judicial Education Center
Published 2002

This benchbook for general and limited jurisdiction judges provides information on all aspects of driving while impaired criminal proceedings in New Mexico. It covers elements of DWI offenses, initial stops and arrests, field sobriety and blood alcohol tests, implied consent issues, trial, sentencing, and related offenses. The appendices contain DWI case flow charts, penalty charts, charge descriptions for entering case documents into the court FACTS system, Scientific Laboratory Division fact sheets and regulations, and DWI statutes and uniform traffic ordinances.
Affiliation: Judicial http://jec.unm.edu/resources/benchbooks/dwi/index.htm
Available online: click here

Alcohol Ignition Interlocks: Magic Bullet or Poison Pill?
Gregory T. Neugebauer
Published 2002

This law review article examines some of the legal issues associated with alcohol ignition interlocks. The publication discusses the technology, examines interlock statutes and their interpretation, considers constitutional challenges to state interlock laws, and evaluates the consequences of requiring manufacturers to install interlock devices in all vehicles.
Affiliation: Other http://www.pitt.edu/~sorc/techjournal/articles/VolII,2Neubauer.pdf
Available online: click here

Observational Study of the Extent of Driving While Suspended for Alcohol-Impaired Driving
Anne T. McCartt, Lori L. Geary and William J. Nissen
Published 2002

Using two sites located in different states, this report for NHTSA presents the results of a comprehensive effort to document and explain the driving patterns of a representative sample of first-time alcohol-impaired driving offenders. The research effort encompassed an observational study of alcohol-impaired driving offenders and focus group research. Subjects were persons who had recently lost their license as a result of a first-time alcohol-impaired driving conviction.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/observation_study/index.htm
Available online: click here

Interactive DWI Trial
New Mexico Judicial Education Center
Published 2002

This simulated DWI trial, based on New Mexico law, addresses various issues that arise in a driving while impaired criminal case. Through a combination of videos and text, judges have an opportunity to make procedural and legal decisions in a situation similar to what they experience in their courtroom. In this virtual courtroom, the user plays the role of judge, including consulting the case file, listening to the testimony, ruling on objections, reaching judgment, and sentencing the defendant on the charges. At the end the user receives feedback on all of the decisions made during the trial.
Affiliation: Judicial http://jec.unm.edu/dwi/index.asp
Available online: click here

State of the Knowledge of Alcohol and Traffic Safety
National Highway Transportation Safety Administration
Published 2002

In order to demonstrate what is known about alcohol, DUI, and the effectiveness of DUI countermeasures, this publication reviews the scientific literature published since 1990 on alcohol related crashes, alcohol's effects on the body and resulting driving impairment, drinking and driving patterns, and programs to deter impaired driving.
Affiliation: Government http://www.nhtsa.dot.gov/people/outreach/traftech/tt265.htm
Available online: click here

DWI System Improvements for Dealing with Hardcore Drunk Drivers: Adjudication and Sanctioning
Robyn D. Robertson and Herb M. Simpson
Published 2002

This report is the third in a series published by the Traffic Injury Research Foundation that addresses the ways the justice system can improve the efficiency and effectiveness of how it deals with hardcore drunk drivers. The report identifies key problems with the adjudication and sentencing of hardcore drunk drivers, including caseload, juries, and presentation of evidence, and offers solutions derived from research on how to improve the system.
Affiliation: Other http://www.trafficinjuryresearch.com/publications/PDF_publications/Sanctioning_Report.pdf
Available online: click here

Drunk Driving: Seeking Additional Solutions
James H. Hedlund and Anne T. McCartt
Published 2002

This study investigates why drunk driving has not decreased recently and what can be done to reduce it further. Using data from traffic crashes, roadside interviews, telephone surveys, and other research, the authors present a clear picture of impaired driving today and critique various methods used to deter drunk driving.
Affiliation: Other http://www.aaafoundation.org/pdf/DrunkDriving-SeekingAdditionalSolutions.pdf
Available online: click here

Specialized and Problem-Solving Courts--Trends in 2002: DUI Courts
Ann L. Keith
Published 2002

This article from the National Center for State Courts describes eight DUI court programs around the country. Although some features of DUI courts are ubiquitous, such as the treatment requirement, an examination of multiple DUI courts gives judges an appreciation of the variety of approaches available to courts working with DUI offenders.
Affiliation: Judicial http://www.ncsconline.org/WC/Publications/KIS_SpePro_Trends02DUI_Pub.pdf
Available online: click here

Co-Occurring Mental and Substance Abuse Disorders
The National Judicial College
Published 2002

This five-day program provides an in-depth look at co-occurring mental health and substance abuse disorders from the perspective of courts and judges, providing information on the nature of mental health and substance abuse; the fundamentals of treatment and specialty treatment methods; neurochemical changes resulting from substance abuse; and sentencing, monitoring, and treatment options for dually-diagnosed offenders. The program uses a wide variety of instructional methods and materials, including lecture, panel discussion, participant presentations, problem solving, action planning, checklists, slides/PowerPoint/Video, and field trips. For more information, click on the link below or contact the National Judicial College, 1664 N. Virginia St., MS 358, Reno, NV 89557-0002, (800) 255-8343. http://www.judges.org/
Available online: click here

A Study of Outstanding DWI Warrants
C.H. Wiliszowski, C.E. Rodriguez-Iglesias, J.H. Lacey, R.K. Jones and E. Cyr
Published 2001

This report for NHTSA documents a project on how outstanding warrants are handled for individuals who have been charged or convicted of offenses related to driving while impaired/intoxicated, but who have absconded or defaulted in either court appearances or in fulfilling sanctions. The specific project objectives were to identify the nature and extent of the DWI outstanding warrant problem, including the situations which lead to the issuance of such warrants, and to identify promising strategies that jurisdictions are using to eliminate or minimize this problem in their communities. The main finding was that a widespread lack of resources and data systems able to assess the situation and identify problems make it difficult to quantify the numbers of outstanding warrants related to DWI offenses and devise solutions. The report provides the project's findings, conclusions and recommendations.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/Outstanding_Warrants/Warrants_index.html
Available online: click here

Best Practices for Alcohol Interlock Programs
Douglas J. Beirness
Published 2001

This publication discusses best practices for ignition interlock programs, such as: viewing the interlock program as coordinated activities designed to ensure that participants do not drink and drive; an interlock device certified to meet or exceed established performance specifications; a reliable interlock service provider; mandatory participation; regular monitoring of offenders; linking duration of participation to an individuals success in the program; and, integration of the interlock program with other DWI sanctions and programs, particularly rehabilitation.
Affiliation: Other http://www.trafficinjuryresearch.com/publications/PDF_publications/BestPracticesReport.pdf
Available online: click here

Evaluation of Use and Lose Laws
R.G. Ulmer, V.I. Shabanova and D.F. Preusser
Published 2001

The phrase "Use and Lose" describes laws that authorize driver licensing actions against persons found to be using or in possession of illicit drugs, and against young persons found to be drinking, purchasing or in possession of alcoholic beverages. The objective of this study for NHTSA was to assess the highway safety effects of "Use and Lose" in Missouri and Pennsylvania in terms of subsequent motor vehicle crashes and arrests of underage persons for alcohol or drug violations.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/alcohol-laws/eval-of-law/index.html
Available online: click here

Seizing Legal Aliens' Foreign Driver's Licenses for Impaired Driving Convictions
American Prosecutors Research Institute
Published 2001

This article discusses a judge's ability to revoke a legal alien's foreign driver's license for an impaired driving conviction.
Affiliation: Prosecution http://www.ndaa-apri.org/apri/programs/traffic/seizing_legal_aliens_drivers_licenses.html
Available online: click here

Evaluation of Enhanced Sanctions for Higher BACs: Summary of States' Laws
Anne T. McCartt
Published 2001

This report for NHTSA evaluates the laws in the 29 states that as of 2001 had instituted statutes, regulations or rules that provide for enhanced penalties for DUI offenders with a "high" BAC. States vary in terms of the high-BAC threshold, which ranges from .15 to .20 percent, and the types, severity, and complexity of sanctions. Types of high-BAC sanctions include limitations on plea reductions or deferred judgments; driver-based punitive sanctions (jail, electronic home monitoring, community restitution, fines, license suspension/revocation); vehicle-based punitive sanctions (ignition interlock, administrative plate impoundment); and alcohol treatment/education.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/impaired_driving/BAC/higherBAC/HigherBACs_index.htm
Available online: click here

Alcohol Ignition Interlock Devices I: Position Paper
International Council on Alcohol, Drugs and Traffic Safety Working Group on Alcohol Ignition Interlocks
Published 2001

This report on ignition interlocks reviews key ignition interlock issues, recommends improvements for the effectiveness of interlock programs, and includes a bibliography of resources.
Affiliation: Other http://www.icadts.org/reports/AlcoholInterlockReport.pdf
Available online: click here

Strategies for Success--Combating Juvenile DUI: Part II, The Eight Foundation Elements of a Successful DUI Strategy
Office of Juvenile Justice and Delinquency and Prevention and National Highway Transportation Safety Administration
Published 2000

This document is Part II of a four-part series intended to empower criminal justice professionals to take the lead in planning a community-wide coordinated response to alcohol-related delinquency, especially DUI and other traffic offenses. This document describes the need for a community based DUI task force or policy group that will undertake strategic and tactical planning before implementing any programs to deter or respond to juvenile DUI. The publication then reports on a wide variety of actual programs used by police, prosecutors, courts, treatment professionals, and educators, to prevent juvenile DUI before it occurs and to deal with it once it has occurred.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/alcohol/juveniledui/part2/index.html
Available online: click here

State of Knowledge of Alcohol-Impaired Driving: Research on Repeat DWI Offenders
R.K. Jones and J.H. Lacey
Published 2000

This report for NHTSA reviews the scientific literature from years 1990 to 2000 concerning drivers who have been convicted more than once of driving while impaired by alcohol (DWI). The report covers the role of these drivers in alcohol-related crashes, their characteristics, and the nature and effectiveness of countermeasures designed to reduce their alcohol-crash involvement.
Affiliation: Government http://www.nhtsa.dot.gov/PEOPLE/injury/research/AlcoholHighway/1__introduction.htm
Available online: click here

Motor Vehicle Law and the Law of Impaired Driving in North Carolina
Ben F. Loeb, Jr. and James C. Drennan
Published 2000

This publication discusses and analyzes North Carolina's motor vehicle offenses, with a special emphasis on impaired driving offenses. Each chapter summarizes the law on a particular offense, and then discusses criminal penalties and insurance points. This publication is available in hard copy and CD and can be ordered at the web site listed below.
Affiliation: Government http://www.law.duke.edu/lib/researchguides/ncprac
Available online: click here

On DWI Laws in Other Countries
National Highway Transportation Safety Administration
Published 2000

This report for NHTSA compares impaired driving laws from countries around the world in order to better understand what countermeasures are most effective. The report focuses on the following types of laws: illegal blood alcohol content (BAC) levels for various classes of drivers; the minimum purchase age for alcohol; age of driving licensure; standard sanctions for first and multiple offenses;the imposition of more severe sanctions for drivers with higher BACs; graduated licensing systems; and systems for the regranting of licenses.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/DWIothercountries/dwiothercountries.html
Available online: click here

Traffic Survey Update Recertification
Institute of Continuing Judicial Education
Published 2000

This 2-day seminar covers the admissibility of Intoxilyzer 5000 breath tests, the science and operation of breath alcohol testing devices, mandatory DUI sentencing issues, ignition interlock demonstrations, giving implied consent and Miranda warnings, and the synergistic interactions between alcohol, marijuana, and other drugs. For more information, contact the Institute of Continuing Judicial Education, 123 Dean Rusk Hall, University of Georgia, Athens, GA 30602, (706) 542-5150.
Affiliation: Judicial

Sentencing and Dispositions of Youth DUI and Other Alcohol Offenses: A Guide for Judges and Prosecutors
National Highway Traffic Safety Administration and National Institute on Alcohol Abuse and Alcoholism
Published 1999

This Guide from NHTSA and NIAAA aims at helping judges effectively sanction minors for alcohol-related offenses. The Guide emphasizes sentencing that will protect the public, hold offenders accountable to the victim and/or community, and provide education or treatment services for the offender. Research into the effectiveness of sanctions is discussed and a detailed bibliography is included.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/alcohol/youthdui/index.html
Available online: click here

Current Model Laws
National Committe on Uniform Traffic Laws and Ordinances
Published 1999

This web site includes two draft uniform laws relating to DUI: "The Safe Streets Act" and the "Millenium DUI Prevention Act." The Safe Streets Act covers impoundment and immobilization after DUI and certification of ignition interlock systems. The Millenium DUI Prevention Act addresses: mandatory sentencing, treatment, and ignition interlock; the admissibility of chemical test results and compelled chemical testing in cases with great bodily harm or fatalities; implied consent; administrative license suspension or revocation procedures; and "zero tolerance" for underage drinking and driving.
Affiliation: Other http://www.ncutlo.org/
Available online: click here

Evaluation of a Day Reporting Center for Repeat DWI Offenders
R.K. Jones and J.H. Lacey
Published 1999

This report for NHTSA describes and evaluates the effectiveness of a Day Reporting Center (DRC) in Maricopa County, Arizona at reducing the DWI recidivism of repeat DWI offenders. The report examines the effect of the DRC program in reducing the cost of post-conviction sanctioning operations, and in relieving the pressures on jail facilities in carrying out the court-imposed sanctions. This study found that the DRC program was no more effective in reducing recidivism than was a comparison standard probation program in use by the study jurisdiction, but the DRC program was more cost-effective and helped reduce pressure on an already over-taxed county jail system.
Affiliation: Government http://nasje.org/resources/HCDrunk/SUP5--NDCIDWI-DrugCourt.pdf
Available online: click here

Evaluation of the Efficacy of Ignition Interlock in California
Leonard Marowitz
Published 1999

This publication describes the current state of California law governing the use of ignition interlock devices as a countermeasure to DUI. The report considers whether changes in the statewide ignition interlock law since its enactment in 1990 will reduce DUI recidivism.
Affiliation: Government http://www.dmv.ca.gov/about/profile/rd/resnotes/evaluation.htm
Available online: click here

Effects of Ignition Interlock License Restrictions on Drivers with Multiple Alcohol Offenses: A Random Trial in Maryland
K.H. Beck, W.J. Rauch, E.A. Baker, and A.F. Williams
Published 1999

This study tested the effectiveness of an ignition interlock program for drivers with multiple alcohol-related traffic offenses. The study compared the arrest rates of offenders who participated in an ignition interlock program and those who did not. The alcohol traffic violation rate during the program was significantly less for participants in the interlock program than for the others, but there was no statistically significant difference after the interlock license restriction was lifted. This study is available from the American Journal of Public Health at the web site below.
Affiliation: Other http://www.ajph.org/
Available online: click here

Evaluation of an Individualized Sanctioning Program for DWI Offenders
R.K. Jones and J.H. Lacey
Published 1998

This study for NHTSA evaluates two different approaches to sentencing DWI offenders in Georgia. One approach (called the "Todd Program") imposed individually-tailored combinations of traditional and alternative sanctions, and the other approach generally imposed only the minimum sanctions required by state law. The measure of effectiveness was the statewide DWI recidivism of the offenders studied. The evaluation found that the Todd Program was more effective by a wide margin than the sentencing program that imposed the minimum sanctions. It was concluded that the Todd Program approach to DWI sentencing could be used in other jurisdictions.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/enforce/EnforceDWI/Whole_assingment.htm
Available online: click here

Problems and Solutions in DWI Enforcement Systems
R.K. Jones, J.H. Lacey and C.H. Wiliszowski
Published 1998

This project was concerned with identifying common failures and failure modes in DWI enforcement systems and in generating promising ways of dealing with them. This report for NHTSA presents on-site case studies in Scottsdale, Arizona; Rockdale County, Georgia; and Palm Beach County, Florida, addressing issues of case management, DUI legislation, law enforcement techniques and sanctioning.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/enforce/EnforceDWI/pdf/1introduction.pdf
Available online: click here

Third Annual Nevada DUI Conference
The National Judicial College
Published 1998

This three-day conference addressed chemical testing, the detection and apprehension of drunk drivers, the role of administrative agencies in the DUI process, innovative interventions, national DUI trends, preventing DUI recidivism, assessment and treatment,the use of ignition interlock devices, and vehicle impoundment. The conference employed a variety of instructional methods and materials, include: case studies and hypotheticals, lectures, demonstrations, role plays and simulations, slide shows and PowerPoint presentations, and Video/DVD. For more information, click on the link below, or contact the National Judicial College, 1664 N. Virginia St., MS 358, Reno, NV 89557, (800) 255-8343.
Affiliation: Judicial http://www.judges.org/
Available online: click here

Evaluation of Alternative Programs for Repeat DWI Offenders
R.K. Jones, C.H. Wiliszowski and J.H. Lacey
Published 1996

This document reports the results of a study for NHTSA comparing the effectiveness of two alternative sanctions programs for repeat DWI offenders. They were an Intensive Supervision Probation program in Milwaukee County, Wisconsin and an Electric Monitoring Program in Los Angeles County, California. The study found that both programs were effective at significantly reducing DWI recidivism from the traditional sanctions programs. Both programs also offered the promise of significant cost savings over incarceration.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/hs808493.pdf
Available online: click here

Determine Reasons for Repeat Drinking and Driving
C. Wiliszowski, P. Murphy, R. Jones and J. Lacey
Published 1996

This document reports the results of a study for NHTSA on why some individuals continue to drink and drive, even after a DUI conviction. All of the information for this report was taken from one-on-one interviews of persons convicted of DUI.
Affiliation: Government http://www.nhtsa.dot.gov/people/injury/research/pub/reasons.pdf
Available online: click here

Aggravating and Mitigating Factors

Enhancement for Prior Conviction

Initial Stop of Vehicle
Field Sobriety Testing
Arrest
Testing of Body Samples
Charging of Offense
Pre-Trial and Trial Matters
Sentencing
•	Sentencing Options
•	Aggravating and Mitigating Factors
•	Enhancement for Prior Conviction
Courts and DUI
Impact of DUI

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