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 Maryland to identify these offenders:

"Subsequent offender," "Problem drinker/driver," "Unfit/unsafe driver."
DUI never becomes a felony without involving some fatal or serious injury.

DWI REPORTING


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

The following are key aspects of Maryland records:

New licensees are not initially reviewed for outstanding suspensions/revocations in other states before a license is granted (unless an offender goes before the Medical Advisory Board and then their history is reviewed), and DUI convictions from other states are not considered prior offenses in Maryland within the limits of the law.
The approximate number of licensed drivers is 3.3 million.
The average BAC level of offenders arrested is approximately .17.
Statistics kept on subsequent offenders are based on convictions and Probation Before Judgments (PBJ). According to the most recent information available, in 1996 there were 24,000 arrests for DUI.

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 Maryland identification of subsequent offenders occurs most frequently at sentencing.
In Maryland offenders with a high BAC at the time of arrest are treated as follows: Subject to tougher administrative licensing actions and criminal sanctions.
In Maryland following conviction, offenders as shown below receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem: Information Not Available.

TREATMENT


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


In Maryland results of the assessment are provided to the judge/administrator presiding over the case. The offender is referred to treatment on the basis of driving record, assessment results and judicial discretion.
In Maryland Treatment is mandated for subsequent offenders under the following circumstances: Subsequent offenders may be required to attend education and/or treatment as a condition of probation or reinstatement of their driving privilege.
In Maryland offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action.
In Maryland the following treatment facility or program specifically targets the hardcore drunk driver: Baltimore County's DWI Correctional Treatment Facility and Drinking Driver Monitor Program (DDMP).

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 Maryland to detect and apprehend drunk drivers:

Sobriety Checkpoints, Blanket Patrols, Enforcement Blitzes with Media Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.

PROSECUTION AND SENTENCING PRACTICES


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


In Maryland there is no Anti-Plea Bargaining Statute for DUI; however, DWI can be reduced to DUI, but not to a non-impaired driving offense.
In Maryland the period of time in which a judge or administrator can review an offender's record (the "look-back" period) is 10 years.
In Maryland at the time of sentencing, an individual's conviction records are available for consideration by the court. This information will include the entire criminal record.
In Maryland there are graduated penalties for DUI and 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 Maryland, the following sanctions may only be ordered by the court:

Fines: $0 to $500 for DUI and $0 to $3,000 for DWI with no mandatory minimums.
Incarceration - Mandatory minimums for DUI and DWI: 2nd and subsequent offense - 48 consecutive hours.
Community Service: At the discretion of the court.
Intensive Supervision Probation: Upon conviction, as a condition of sentencing.
Victim Impact Panel: As a condition of sentencing.
Action Against Offender's Vehicle: Vehicle Impoundment, Vehicle Immobilization and/or Registration Suspension apply if driving while suspended on an impaired driving violation.
— Vehicle Forfeiture, Plate Seizure: None.
Home Confinement with Electronic Monitoring: None.
Other Special Assessments/Surcharges: Victim's Restitution Fund.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
— Suspension/Revocation: Maryland has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $75.
— Conditional Licensing: At the discretion of the court.
— Alcohol Ignition Interlock: As a condition of probation, the court may require an offender to install the device, Motor Vehicles Administration (MVA) can offer as an alternative to longer suspension periods.
— Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
— Alcohol Education/Treatment: May be required as a condition of probation. Any offender may be required to attend a driver improvement or an alcohol education program as a condition or reinstatement of their driving privilege.
— Intensive Weekend Intervention: None.