Hardcore drunk drivers can be defined as individuals who drive with a high blood alcohol concentration (BAC) of .15 or above, who do so repeatedly, as demonstrated by having more than one drunk driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment, or education efforts.

Listed below are the terms most closely matching the definition above which could be used in Arkansas to identify these offenders:

"Multiple offender."
Multiple offenders are defined in statute by 2nd, 3rd, 4th or subsequent offense within 3 years.
DWI becomes a felony on the 4th offense.

DWI REPORTING


Records on multiple offenses are one of the primary means of tracking the problem of hardcore drunk drivers.

The following are key aspects of Arkansas records:

New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DWI convictions from other states are considered rior offenses in Arkansas within the limits of the law (3 years).
The approximate number of licensed drivers is 1.8 million.
The average BAC level of all offenders arrested is approximately .14.
Statistics kept on repeat offenders are based on convictions. According to the most recent information available, in 1996 there were 3,306 convictions for 2nd and subsquent DWIs.
In the fiscal year ending June, 1996, there were 125 persons incarcerated in Arkansas state penitentiaries for DWI offenses.

IDENTIFICATION AND ASSESSMENT


Identifying those drivers who are likely to repeatedly drive drunk and assessing the nature of their underlying problems is essential in order to keep hardcore offenders off the road.


In Arkansas identification of repeat offenders occurs most frequently at the time of arrest.
In Arkansas offenders with a high BAC at the time of arrest are treated as follows:
—All offenders are treated the same regardless of BAC.
In Arkansas following conviction, offenders as shown below receive a mandatory assessment/evalution to determine the nature and extent of their alcohol problem:
— All offenders.
In Arkansas the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
In Arkansas assessments are conducted by state-certified, non-profit organizations under contract to the state. There is no cost to the offender directly, but a special fund supplied by court costs levied against DWI offenders aids in sustaining these contracts. The cost per offender differs by the contractor’s jurisdiction.

TREATMENT


Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.


In Arkansas results of the assessment are provided to the offender’s attorney, the judge/administrator presiding over the case, and the treatment agency. In Arkansas the offender is referred to treatment on the basis of the assessment by order of the court.
In Arkansas treatment is mandated for multiple offenders under the following circumstances: Offenders are required to attend education or treatment as recommended by the assessment for reinstatement of license. Also, Arkansas mandates treatment for multiple offenders in addition to any other sanction.
In Arkansas offenders failing to comply with the terms of their program are not eligible for license reinstatement.
In Arkansas the following treatment facility or program specifically targets the hardcore drunk driver: None.

ENFORCEMENT


While law enforcement works against drunk driving across the board, it is central in the battle against hardcore drunk drivers.

The following enforcement techniques are used in Arkansas to detect and apprehend drunk drivers:

Sobriety Checkpoints, Saturation Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing.

PROSECUTION AND SENTENCING PRACTICES


A number of factors influence the sentence a drunk driver receives.


In Arkansas there is no Anti-Plea Bargaining Statute for DWI.
In Arkansas the period of time in which a judge or administrator can review an offender’s record (the “look-back” period) is 3 years.
In Arkansas, at the time of sentencing, an individual’s arrest and conviction records are available for consideration by the court. This information will include his or her drunk driving convictions.
In Arkansas there are graduated penalties for DWI based on number of offenses.

SANCTIONS


Sanctions against the offender may be derived from criminal action, i.e. court-ordered, or administrative action by the licensing authority as a condition of license reinstatement. Many are aimed at preventing or limiting the opportunity of the hardcore offender to drink and drive. The purpose of others is rehabilitation.

In the State of Arkansas, the following sanctions may only be ordered by the court:

Fines: $150 to $5,000 with mandatory minimums as follows: 1st offense - $150, 2nd offense - $400, 3rd and subsequent - $900.
Incarceration - Mandatory minimums: 2nd offense 7 days, 3rd offense 90 days, 4th or subsequent 1 year.
Community Service: 1st offense - may serve in lieu of imprisonment, or for any offense - may serve in lieu of fines when the person is unable to pay.
Home Confinement with Electronic Monitoring, Intensive Supervision Probation, Victim Impact Panel: None.
Action Against Offender’s Vehicle: Forfeiture for 4th offense within 3 years. Also, license plates seizure is a sanction for driving while suspended for a DWI offense.
—Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation: None.
Other Special Assessments/Surcharges: $300 additional court cost, Victim Restitution.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
—Suspension/Revocation: Arkansas has pre-conviction administrative license suspension/revocation with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $75.
—Conditional Licensing: Restricted licenses may be granted by administrative determination.
—Alcohol Ignition Interlock may be ordered by the court as a condition of probation and required for up to 1 year following license reinstatement.
— Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
— Treatment: According to assessment determination.
—Intensive Intervention Weekend: None.