Records

As is the case with every other aspect of the battle to reduce hardcore drunk driving, complete and accurate records are crucial for appropriate sentencing, yet record keeping is spotty. Without complete records, the judge cannot reference previous sanctions imposed on the offender or determine whether the sentence was completed. This information also needs to be available at the time the court sets bail or bond for offenders. All too often hardcore offenders are not identified, slipping through the system with a sentence geared toward a first-time offender. Improvements in record keeping can enable courts to sentence hardcore offenders more comprehensively and appropriately.

Helpful Tools. Tools do exist to help judges determine appropriate sentences for offenders. One such tool is the DWI Sentencing Calculator for Magistrates. The interactive program from the University of New Mexico Judicial Education Center provides the minimum and maximum sentencing requirements and options according to state statute after the judge enters the circumstances of a particular case. The program allows judges to quickly calculate the sentence ranges applicable to a particular case (New Mexico Judicial Education Center 2003).

However, for hardcore offenders, no automated approach can replace reasoned judgment based on a careful evaluation of the nature of the offender’s problem.