Factors Influencing Sentencing

Judicial DWI Seminars

A number of states hold DWI workshops and seminars for judges, but hardcore drunk drivers are rarely the main focus. However, the complexities of cases involving hardcore drunk driving pose distinct judicial challenges that sentencing seminars, workshops, and conferences focusing on the hardcore drunk driver would help address.

Most judges are trained to handle a large number of DWI cases, but they should also be trained to deal with the special issues presented by hardcore drunk drivers, beginning with recognizing the signs of a hardcore drunk driver. These signs include drivers who repeatedly refuse to take blood-alcohol tests or standardized field sobriety tests; drivers whose blood alcohol levels are substantially higher than the limits allowed by law; and underage and adult drivers with multiple DWI convictions.

Cases involving hardcore drunk drivers typically are litigated with intensity and require the judge be prepared to resolve vigorously contested factual disputes. Judges note the value of learning how to handle such cases through peer-to-peer education taught by experienced judges.

The National Association of Judicial Educators (NASJE), The Century Council and the National Hardcore Drunk Driver Project (NHDDP) have listened to judges from across the nation who express the need for judicial education as a key to future success in controlling the hardcore drunk driver. NASJE and NHDDP are working together to develop materials promoting effective judicial interventions and strategies for handling hardcore drunk driving offenders. These materials will incorporate the most innovative, promising, and effective judicial approaches in the country as model programs for handling the hardcore drunk driver.

Hedlund, J., and McCartt, A. May 2002. Drunk Driving: Seeking Additional Solutions. Washington, DC: AAA Foundation for Traffic Safety.

Lucker, G.W., and Osti, J.R. 1997. Reduced recidivism among first-time DWI offenders as a correlate of pre-trial intervention. Journal of Offender Rehabilitation. 24 (3–4): 1–17.

Voas, R.B., and Fisher, D.A. 2001. Court procedures for handling intoxicated drivers. Alcohol Health and Research World 25: 32–42.