The Promise of DWI Courts
Judge Susan A. Jonas
WHY DWI COURTS?
• Alcohol is our national
drug of choice.
• Part of our daily lives.
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• Part of our culture.
• It has been around for at
least 5,000 years.
HERE IS THE PROBLEM:
• In 2011, for the first time in decades, drunk driving deaths
fell below 10,000 to 9878 – one every 53 minutes
• 211 children were killed in drunk driving accidents. 131
were riding with the drunk driver
• Almost every 90 seconds, a person is injured in an alcohol
related crash
• One in three people will be involved in an alcohol related
crash in his or her lifetime
• One third of those people were repeat offenders
• NHTSA estimates average drunk driver has driven drunk
70-80 times before arrested
CONSEQUENCES OF DRINKING AND
DRIVING
FINANCIAL COST
Drunk driving costs the United States
$132 Billion every year = $500 for every
adult
MEET BART
We Cannot Incarcerate Our Way Out
Of This Problem
Over the last 20 years specialty courts have emerged as
the most effective programs within the criminal justice
system for persons who struggle with drug and alcohol
addiction.
ACCOUNTABILITY
COMPASSION
Today there are more than 2300 Drug/Treatment
Courts nationwide located in every state and territory.
The Ten Key Components are the Building Blocks of a Drug Court
#1: Drug courts integrate alcohol and other drug treatment services with justice system case processing.
#2: Using a non-adversarial approach, prosecution and defense counsel promote public safety while
protecting participants’ due process rights.
#3: Eligible participants are identified early and promptly placed in the drug court program.
#4: Drug courts provide access to a continuum of alcohol, drug, and other related treatment and
rehabilitation services.
#5: Abstinence is monitored by frequent alcohol and other drug testing.
#6: A coordinated strategy governs drug court responses to participants’ compliance.
#7: Ongoing judicial interaction with each drug court participant is essential.
#8: Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.
#9: Continuing interdisciplinary education promotes effective drug court planning, implementation, and
operations.
#10: Forging partnerships among drug courts, public agencies, and community-based organizations
generates local support and enhances drug court program effectiveness.
610 DWI COURTS NATIONWIDE
DWI/SOBRIETY COURTS
Operate in a post-conviction model using intensive
supervision and treatment to change offenders’
behavior.
TEAM APPROACH
JUDGE
CASE MANAGER
LAW ENFORCEMENT
PROSECUTOR
DEFENDANT
SURVEILLANCE OFFICER
DEFENSE ATTORNEY
TREATMENT PROVIDER
COORDINATOR
IDENTIFY APPROPRIATE
TARGET POPULATION
• High-risk and high-need offenders
o Repeat offenders – Two or more
DWI convictions
o Alcohol addiction or serious
substance abuse pattern
o A substantial risk for reoffending or
failing standard probation
o High Blood Alcohol Content (BAC)
DANGER!!!
Although not violent, these people are a
dangerous risk to public safety.
TYPICAL PROGRAM REQUIREMENTS
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Post-conviction adjudication – No diversions
Intensive Probation Supervision
Random and frequent alcohol/drug testing
Individualized long-term treatment
Regular court appearances where judge reviews progress
12 Step Meeting attendance
Curfew
Scheduled and unscheduled home visits
Community Service
Offender payment of fines, costs, restitution and other fees
Graduation and termination criteria
STAFFINGS
Participant progress is reviewed by the team prior to
each review session.
REVIEW HEARINGS
• Review hearings take place in the
courtroom with all the participants
scheduled to appear.
• Each participant speaks to the
judge about his or her progress.
• Incentives or sanctions are
administered when appropriate.
• Promotions and graduations are
recognized during the review
hearing.
MOTIVATIONAL INTERVIEWING
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Use open-ended questions
Ask for elaboration
Ask for examples
Ask to look back or look forward
Ask for the best or worst
Listen actively
Be accepting
INCENTIVES
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Verbal praise from the judge
Applause
Promotion to the next phase
Fewer appearances at court
Gift card
Certificate of Accomplishment
Fish Bowl
Commencement from Sobriety Court
SANCTIONS
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Verbal warnings
Writing assignments
Prolonged period in phase
Increased drug/alcohol testing
Curfew
Community Service/JAWS
Jail
Termination from Sobriety Court
DRUG TESTING
“Recovery starts with a drug test”
A STRONG FACTOR
Participants in focus
groups were consistent
in reporting that one of
the strongest factors in
keeping them from using
was the drug testing.
Methods Used For Specialty Court
Proceedings Should Be:
• Scientifically valid--utilizes proven
technologies accepted by the scientific
community
• Legally defensible--able to withstand
legal challenge
• Therapeutically beneficial
Preliminary Breath Test (PBT)
DRUG TESTING
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Collections directly observed
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Participants must produce
enough urine to fill ½
specimen cup
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Sample must not be dilute/no
creatinine supplements
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Sample must meet acceptable
temperature range
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Results are immediate
Ethylglucoronide EtG and
EtS Ethylsulfate testing
•Use recommended biomarker
cutoffs
•EtG 500ng/ml
•EtS 100ng/ml
• Can test alcohol metabolites
within 24-48 hours of use
• Provide participants with an
alcohol use advisory document,
i.e. drug testing policy.
• EtG/EtS testing is used for travel,
late testing, missed testing.
FIELD ALCOHOL
TESTING
Use Field Surveillance
Officers who perform
random home visits
IGNITION INTERLOCK
• Michigan, Georgia, Idaho, Missouri and New
Mexico
• Restricted Licenses for Repeat Offenders
• Must be in a Sobriety or Drug Court Program
• Approved by the judge
• Have an Ignition Interlock Device installed
IGNITION INTERLOCK
• Participants must use a
device with a camera
• Current provider has GPS
monitoring
• Case managers can obtain
information online and in
real time
IGNITION INTERLOCK
• Useful for testing if
participants are out of town
• Participants can do daily
testing from home
POSITIVE IMPACT OF DWI
COURTS
PUBLIC SAFETY IMPACT
DWI Courts
High rate
of success
Low rate
of recidivism
FINANCIAL IMPACT
For every $1 invested in Drug Courts,
taxpayers save $3.36 in criminal justice
costs
CRIMINAL JUSTICE IMPACT
Saves Time and Costs of Incarceration
FAMILY IMPACT
Reunites Families
The Guiding Principles of DWI
Courts
#1:
#2:
#3:
#4:
#5:
#6:
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#8:
#9:
#10:
Determine the Population
Perform a Clinical Assessment
Develop the Treatment Plan
Supervise the Offender
Forge Agency, Organization, and Community
Partnerships
Take a Judicial Leadership Role
Develop Case Management Strategies
Address Transportation Issues
Evaluate the Program
Ensure a Sustainable Program
I’M NOT LOST YET – Michigan
Motorcycle Relay for Recovery