Issues in Adjudication

Certain, consistent and coordinated sentencing is key to reducing DWI recidivism. As noted previously, when it comes to sanctions, certainty and consistency have greater impact than severity. Additionally, communication among the courts, evaluators, probation officers and treatment providers must be coordinated to ensure compliance with the sentence. NHTSA lists five factors that help reduce DWI recidivism:

• Evaluating offenders for alcohol-related problems and recidivism risk;
  
  
• Selecting appropriate sanctions and remedies for each offender. No single sanctioning and treatment strategy is effective for all offenders;
  
  
• Including provisions for appropriate alcoholism treatment in the sentencing order for offenders who require treatment. Treatment alone never substitutes for sanctions or remedies, and sanctions and remedies do not substitute for treatment;
  
  
• Monitoring the offender’s compliance with sanctions and treatment; and
  
  
• Acting swiftly to correct noncompliance.

Arkansas state sentencing guidelines for offenders illustrate the judicial discretion affecting sentencing: "Defendants who immediately stop and cooperate with the police may be due lighter sentences than those who flee, resist arrest, or otherwise challenge officers in the field. A defendant with no record and a .08 BAC may merit less punishment and be in less need of rehabilitation than one with a .20 BAC and prior convictions" (Little Rock Traffic Court 2003).

Judges have an obligation to comprehensively sentence the hardcore drunk driver in order to protect the public while restricting and rehabilitating the offender. Judicial seminars may help make judges aware of the menu of effective sentencing options available to them.