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 Rhode Island to identify these offenders:

"Repeat offender," "Habitual DUI offender."
Repeat offenders are defined in statute by 2nd or subsequent offense within 5 years.
DUI only becomes a felony if it involves vehicular homicide.

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 Rhode Island records:

New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, but DUI convictions from other states are not considered prior offenses in Rhode Island, within the limits of the law.
The approximate number of licensed drivers is 670,000.
The average BAC level of offenders arrested is: Information Not Available.
Statistics kept on repeat offenders are based on arrests and convictions. According to the most recent information available, in 1996 there were 56 convictions for 2nd and subsequent DUIs.

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 Rhode Island identification of repeat offenders occurs most frequently at the time of arrest.
In Rhode Island offenders with a high BAC at the time of arrest are treated as follows:
— All offenders are treated the same regardless of BAC.
In Rhode Island following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
— All offenders.
In Rhode Island the assessment is conducted post-sentencing and does not impact court proceedings.
In Rhode Island assessments are generally conducted by clinicians at the Community College of Rhode Island. The assessment cost is included in the cost of the mandatory education program ($250) and is borne by the offender.

TREATMENT


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


In Rhode Island results of the assessment are provided to the treatment agency and to the probation officer if the offender is placed on probation. The offender may be referred to treatment by order of the court or on the basis of the assessment.
In Rhode Island treatment is mandated for repeat offenders with the following conditions: Offenders are required to attend education or treatment as recommended by the Treatment Alternatives to Street Crime (TASC) assessment. Repeat offenders are, in most cases, required to attend an intensive outpatient treatment program. TASC monitors offender progress and reports compliance to the courts.
In Rhode Island at the end of a license suspension period, offenders enrolled and attending required education or treatment programs may have their licenses reinstated prior to program completion. Those failing to satisfy program requirements are ineligible for license reinstatement and may be returned to the court for further action.
In Rhode Island the following education/treatment facility or program specifically targets the hardcore drunk driver: Treatment Alternatives to Street Crime (TASC).

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 Rhode Island to detect and apprehend drunk drivers:

Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping. Sobriety checkpoints are unconstitutional in Rhode Island.

PROSECUTION AND SENTENCING PRACTICES


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


In Rhode Island there is no Anti-Plea Bargaining Statute for DUI.
In Rhode Island the period of time in which a judge or administrator can review an offender¹s record (the "look-back" period) is 5 years.
In Rhode Island at the time of sentencing an individual¹s arrest and conviction records are available for consideration by the court. This information includes his or her entire criminal record.
In Rhode Island there are graduated penalties for DUI 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 Rhode Island, the following sanctions may only be ordered by the court:

Fines: $100 to $10,000 with mandatory minimums.
Incarceration - Mandatory minimums: 2nd offense - 10 days with at least 48 hours consecutive; 3rd and subsequent offenses - 6 months with at least 48 hours consecutive.
Community Service: 10 to 60 hours on a 1st offense at the discretion of the court.
Home Confinement with Electronic Monitoring: Program is run by the state and is combined with education and treatment through the TASC program.
Action Against Offender¹s Vehicle: Registration may be suspended in conjunction with license suspension. Vehicle Forfeiture - On a 4th or subsequent DUI offense a person¹s vehicle may be confiscated by the state.
— Vehicle Immobilization, Vehicle Impoundment, Plate Seizure: None.
Intensive Supervision Probation, Victim Impact Panel: None.
Other Special Assessments/Surcharges: A $500 Highway Assessment Fee is added to all fines.
The following sanctions may be ordered by the court or by the licensing authority:

Licensing Action:
—Suspension/Revocation: Rhode Island has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee is $50.
—Conditional Licensing: None
— Alcohol Ignition Interlock: At the discretion of the court, but rarely used.
— Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
— Assessment/Screening: Conducted by Community College of Rhode Island through referral by TASC program.
— Education: 1st offenders - 10 hours of classroom instruction at a cost of $250, which includes assessment fee. 2nd and subsequent offenders referred to treatment through private vendors licensed in Rhode Island.
— Treatment: According to assessment determination, offenders may be required to complete an intensive outpatient treatment program with monitoring by TASC. Cost varies and offender must pay.
— Intensive Weekend Intervention: None.