The length of time or “look-back period” offenses remain on
a driver’s record is a key issue in identifying hardcore drunk drivers.
Research reveals a wide disparity among the states concerning the period
of time a prosecutor, judge or administrator may consider in reviewing an
offender’s records. States that provide for a shorter period of time run
a greater risk of treating repeat offenders as first-time offenders, possibly
leading to inappropriate sanctions and treatment.
All states have enacted laws defining a look-back period for criminal enhancement
of a DWI offense to a repeat offense. These look-back periods range from
three years to the lifetime of the offender. Federal legislation under TEA-21
calls for mandatory minimum sanctions to be imposed on repeat offenders
who are convicted of a second or subsequent DWI or DUI within five years
of a previous conviction.
Thirty-two states and the District of Columbia have passed laws complying
with this mandate, which requires a one-year hard license suspension; vehicle
impoundment or immobilization or the installation of an ignition interlock
device on each of the individual’s motor vehicles; an assessment of the
individual’s degree of abuse of alcohol and treatment as appropriate; and
not less than 30 days community service or 5 days of imprisonment on a 2nd
offense, and not less than 60 days community service or 10 days of imprisonment
for 3rd or subsequent offenses.
In 2002, Massachusetts passed a law that allows judges to consider drunk
driving convictions further back than ten years when sentencing offenders.
Prior to the new law, a repeat offender would only serve time in a correctional
facility after the third conviction within 10 years. Under the new law,
all prior convictions will be taken into consideration. |
A 10-year Minimum Look-back Period. The National Hardcore Drunk Driver
Project, along with NHTSA, MADD and the NTSB, recommend states maintain
at least a 10–year look-back period. Long record retention and look-back
periods are important because of the low probability of arrest and the need
for long-term measures to change the behavior of hardcore drunk drivers
(NTSB 2000). |
