Archive for category: Archived Blogs

By Linda Atkinson
Executive Director
DWI Resource Center
latkinson@dwirc.org

Here’s a helpful tool for New Mexico judges….do they have what it takes to use it wisely?

The DWI Sentencing Checklist below should be reviewed and utilized by every judge in New Mexico that sentences DWI offenders. The checklist was put together by the National Center for State Courts and National Highway Safety Traffic Safety Administration.

 

DWI Sentencing Checklist[1]

The table below summarizes the evidence concerning various DWI sentencing options

Offender	Sanction	Effectiveness	Comment
First Conviction	Licensing
	Suspension/revocation (≥90 days; 30 days hard)	Reduces alcohol-related fatalities 6%-19% (administrative license revocation)	One study showed it does not cause employment problems.
	Vehicle Actions (For Very High BAC’s)
	Impoundment/immobilization	Reduces recidivism by 40%-70%.	Immobilization may be more cost-effective.
	Alcohol ignition interlocks	Effective while on vehicle.	Breath test failures in first few weeks are best predictor of recidivism.
	License plate impoundment	Shown to be effective in MN.	More cost-efficient than impoundment
	Assessment and Rehabilitation
	Treatment as appropriate to problem	Reduces recidivism by 7%-9%.	Should be paid by the offender when possible
	Sentencing Options
	Electronic monitoring home confinement	Effective alternative to jail. Reduces recidivism by 33%.	Can be self-sufficient if paid by the offender
	Fines	No studies of effectiveness found.	Sometimes used to pay for programs.
Licensing
MULTIPLE CONVICTIONS (Repeat Offender)             MULTIPLE CONVICTIONS (Repeat Offender)	Suspension/revocation (≥ 1 year) 30-90 days hard Remaining days on restricted license/work permit.	No studies found on the effects of license suspension on repeat offenders. General deterrent effect of 6%-19%.	Studies indicate 50%-70% of offenders continue to drive to some extent
	Vehicle Actions
	Impoundment/immobilization	Reduces recidivism by 40%-70%.	Immobilization may be more cost-effective.
	Alcohol ignition interlocks	Reduces recidivism while on vehicle.	Breath test failures in first few weeks are best predictor of recidivism.
	License plate impoundment	Shown to reduce recidivism in MN.	More cost-efficient than impoundment.
	Assessment and Rehabilitation
	Mandatory assessment of drinking problem and mandatory treatment	Reduces recidivism by 7%-9%.	Should be paid by the offender when possible.
	Sentencing Options
	Electronic monitoring and home confinement	Reduces recidivism by 33%.	Can be self-sufficient if paid by the offender
	Intensive supervision probation	Reduces recidivism by 50%.	Should be at least partially funded by the offender
	Special DWI facilities	Reduces recidivism by 75%.
	Day reporting center	Integrates offender back into society.	More cost-effective than jail.
	Fines, reinstatement fees	No studies on effectiveness found	Helps pay for costs of other sanctions.
	DWI court (e.g., frequent contact with judge; intensive supervision probation; treatment; random alcohol/drug testing; lifestyle changes; positive reinforcement)	Some courts reporting reductions in recidivism by 50% or greater.	Multiple funding sources available. NHTSA and the Bureau of Justice Assistance have a joint evaluation underway.

 

There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest.
– Elie Wiesel