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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 Wyoming to identify these offenders:
"Subsequent offenders."
Subsequent offenders are defined in statute by subsequent offenses within 5 years of a 1st offense.
DUI becomes a felony only if serious bodily injury results from the offense.
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 Wyoming 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 Wyoming, within the limits of the law.
The approximate number of licensed drivers is 360,000.
The average BAC level of offenders arrested is approximately .18.
Statistics are not kept on subsequent offenders. However, according to the most recent information available, in 1995 there were 4,092 offenders convicted who were not eligible for 1st time diversion (Probation Before Sentencing). In 1995, 1,531 offenders had a BAC level at or above .15 at the time of arrest.
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 Wyoming identification of subsequent offenders in Wyoming occurs most frequently at sentencing.
In Wyoming offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Wyoming following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� At the discretion of the judge but is a requirement for a suspended sentence for any offender. Also, an offender may have an assessment as part of an alcohol program required by the licensing authority in order to obtain a hardship license.
In Wyoming the assessment is conducted post-trial but pre-sentencing for 1st offenders who are in diversion, and the individual returns to court for final sentencing based on the assessment as part of the probation requirement. For all other offenders, the assessment is conducted post-sentencing.
In Wyoming assessments are conducted by private practitioners certified by the state. The cost ranges from $60 to $150 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Wyoming results of the assessment are provided to the offender�s attorney, the judge/ administrator presiding over the case, the treatment agency, and the prosecutor. The offender is referred to treatment on the basis of the assessment by order of the court.
In Wyoming treatment is mandated for subsequent offenders under the following circumstances: Information Not Available.
In Wyoming offenders failing to comply with the terms of their program are at risk of revocation of probation or suspension, and may be returned to the court for further action. They are also not eligible for conditional licensing.
In Wyoming 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 Wyoming to detect and apprehend drunk drivers:
Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping, Overtime DUI activities funded by NHTSA 402 grants.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Wyoming there is an Anti-Plea Bargaining Statute for DUI.
In Wyoming the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 5 years.
Wyoming has a one time diversion program called Probation Before Sentencing. A person convicted of a 1st offense is not sentenced but placed on probation for 6 months, during which time they must participate in an alcohol education or treatment program according to their assessment. Upon successful completion the conviction is removed and the record is cleared. An individual may participate only once in this program.
In Wyoming at the time of sentencing, an individual�s conviction records are available for consideration by the court. This information will include his or her drunk driving convictions record.
In Wyoming there are enhanced penalties for subsequent DUI 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 Wyoming, the following sanctions may only be ordered by the court:
Fines: $200 to $750 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd and subsequent offenses - 7 days. However, a work/school release program is available.
Community Service: At the court�s discretion as a condition of probation.
Intensive Supervision Probation: DUI Extended Probation up to 3 years. This program allows the judge to prolong the probation period beyond the normal limits so that an offender convicted of DUI can be monitored for a longer period of time. The offender can be required to return to court for further sentencing at any time during this extended probationary period.
Victim Impact Panel: At the discretion of the court.
Home Confinement with Electronic Monitoring: None.
Action Against Offender�s Vehicle: Registration Suspension for duration of license suspension for subsequent offense within 2 years, Vehicle Impoundment following arrest if no sober driver available.
� Vehicle Immobilization, Vehicle Forfeiture: None
Other Special Assessments/Surcharges: Victim's Restitution Fund, Cost of incarceration payable to local government (if offender has ability to pay such cost), $50 surcharge for Victim's Compensation Fund.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Wyoming has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
� Conditional Licensing: Under certain conditions, hardship licenses may be granted.
� Alcohol Ignition Interlock: None.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Education/Treatment: According to assessment determination. The court may suspend all or part of the discretionary portion of a prison sentence if the offender agrees to complete an alcohol education and treatment program ordered by the court.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Wyoming to identify these offenders:
"Subsequent offenders."
Subsequent offenders are defined in statute by subsequent offenses within 5 years of a 1st offense.
DUI becomes a felony only if serious bodily injury results from the offense.
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 Wyoming 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 Wyoming, within the limits of the law.
The approximate number of licensed drivers is 360,000.
The average BAC level of offenders arrested is approximately .18.
Statistics are not kept on subsequent offenders. However, according to the most recent information available, in 1995 there were 4,092 offenders convicted who were not eligible for 1st time diversion (Probation Before Sentencing). In 1995, 1,531 offenders had a BAC level at or above .15 at the time of arrest.
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 Wyoming identification of subsequent offenders in Wyoming occurs most frequently at sentencing.
In Wyoming offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Wyoming following conviction, offenders, as shown, receive a mandatory assessment/evaluation to determine the nature and extent of their alcohol problem:
� At the discretion of the judge but is a requirement for a suspended sentence for any offender. Also, an offender may have an assessment as part of an alcohol program required by the licensing authority in order to obtain a hardship license.
In Wyoming the assessment is conducted post-trial but pre-sentencing for 1st offenders who are in diversion, and the individual returns to court for final sentencing based on the assessment as part of the probation requirement. For all other offenders, the assessment is conducted post-sentencing.
In Wyoming assessments are conducted by private practitioners certified by the state. The cost ranges from $60 to $150 and is usually borne by the offender.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Wyoming results of the assessment are provided to the offender�s attorney, the judge/ administrator presiding over the case, the treatment agency, and the prosecutor. The offender is referred to treatment on the basis of the assessment by order of the court.
In Wyoming treatment is mandated for subsequent offenders under the following circumstances: Information Not Available.
In Wyoming offenders failing to comply with the terms of their program are at risk of revocation of probation or suspension, and may be returned to the court for further action. They are also not eligible for conditional licensing.
In Wyoming 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 Wyoming to detect and apprehend drunk drivers:
Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping, Overtime DUI activities funded by NHTSA 402 grants.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Wyoming there is an Anti-Plea Bargaining Statute for DUI.
In Wyoming the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 5 years.
Wyoming has a one time diversion program called Probation Before Sentencing. A person convicted of a 1st offense is not sentenced but placed on probation for 6 months, during which time they must participate in an alcohol education or treatment program according to their assessment. Upon successful completion the conviction is removed and the record is cleared. An individual may participate only once in this program.
In Wyoming at the time of sentencing, an individual�s conviction records are available for consideration by the court. This information will include his or her drunk driving convictions record.
In Wyoming there are enhanced penalties for subsequent DUI 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 Wyoming, the following sanctions may only be ordered by the court:
Fines: $200 to $750 with no mandatory minimums.
Incarceration - Mandatory minimums: 2nd and subsequent offenses - 7 days. However, a work/school release program is available.
Community Service: At the court�s discretion as a condition of probation.
Intensive Supervision Probation: DUI Extended Probation up to 3 years. This program allows the judge to prolong the probation period beyond the normal limits so that an offender convicted of DUI can be monitored for a longer period of time. The offender can be required to return to court for further sentencing at any time during this extended probationary period.
Victim Impact Panel: At the discretion of the court.
Home Confinement with Electronic Monitoring: None.
Action Against Offender�s Vehicle: Registration Suspension for duration of license suspension for subsequent offense within 2 years, Vehicle Impoundment following arrest if no sober driver available.
� Vehicle Immobilization, Vehicle Forfeiture: None
Other Special Assessments/Surcharges: Victim's Restitution Fund, Cost of incarceration payable to local government (if offender has ability to pay such cost), $50 surcharge for Victim's Compensation Fund.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Wyoming has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: Information Not Available.
� Conditional Licensing: Under certain conditions, hardship licenses may be granted.
� Alcohol Ignition Interlock: None.
� Autotimer, Fuel Lock, Special Plate Markings: None
Rehabilitation:
� Education/Treatment: According to assessment determination. The court may suspend all or part of the discretionary portion of a prison sentence if the offender agrees to complete an alcohol education and treatment program ordered by the court.
� Intensive Weekend Intervention: None.
