Examples of DWI Court

A number of DWI Courts have been operating for several years. Their experience may be helpful to other courts that are considering establishing a DWI Court .

• Anchorage Wellness Court ( Anchorage, Alaska) was established in 1999 as a therapeutic court for alcoholic misdemeanor defen dants. Participants enter an 18-month program under a plea agreement that gives them a reduced sentence if they complete the program. During these 18 months, they must stay alcohol and drug free, be monitored for sobriety, attend treatment for their addiction, take naltrexone for the first four months, attend a cognitive behavior group and Alcoholics Anonymous (AA) meetings, appear before the Wellness Court judge at regular intervals, be rewarded or sanctioned for progress, be employed, pay restitution, and pay most of their treatment costs. Nearly all of the participants are repeat DWI offenders, with an average of more than three DWI offenses. The rates of recidivism for graduates of the program are as follows: 0 percent for 2003 graduates and 25 percent for 2001 and 2002 graduates. The cost of participation in the program is less than 10 percent of the cost of incarceration. In addition to the misdemeanor Anchorage Wellness Court, Anchorage also sustains a felony DWI Court for repeat DWI offenders.

• Maricopa County DUI Court ( Phoenix, Arizona) is funded by the National Highway Traffic Safety Administration (NHTSA), U.S. Department of Justice (DOJ) and the National Institute on Alcohol Abuse and Alcoholism (NIAAA), and has been operating since 1998. After entering a guilty plea, defen dants who are assigned to this court must appear in court at least once a month. At each court session, the defen dant is required to enter into a contract with the DUI court judge, which details the defen dant’s obligations, including abstaining from using alcohol or drugs, obtaining substance abuse counseling and/or treatment, attending AA meetings, reporting to the probation office, and participating in a DUI victims program. The sentencing judge imposes a 60-day deferred jail term in addition to any mandatory incarceration term, to encourage defen dants to comply with their contracts. Sanctions for non-compliance with an obligation under the contract may include imposition of some portion of the deferred jail term, as well as community service, removal from the DUI court program, and revocation of probation. The program lasts for one year. After completing the program, participants are placed on additional supervision probation for one year.

• Athens DUI/Drug Court Program ( Athens, Georgia) Offenders with either two DUI convictions within a 5-year period or with three or more lifetime DUI convictions are sentenced to the DUI/Drug Court Program. The post-adjudication program operates on a team concept and involves enhanced supervision, mandatory substance abuse treatment, individual and group counseling, random and frequent drug testing, AA and NA meetings, bi-weekly appearances before the judge for either encouragement for positive participation (Incentives) or, if needed, reprimand or sanctions for non-compliance. DUI/Drug Court participants receive services in 5 phases of court supervised involvement. DUI/Drug Court is a minimum period of 1 year and a maximum period not to exceed 2 years based on successful completion of all phases of the program. Except for situations of physical disabilities preventing work, DUI/Drug Court participants shall seek, obtain, and maintain gainful employment and pay a fee for their participation in the program. Presently, participant fee collections total approximately 58 percent of the annual program budget. Successful completion of the program meets treatment requirements for driver license reinstatement by the Department of Motor Vehicles. Since the program’s inception in February, 2001 the DUI recidivism rate for participants is 3 percent.
  Judicial Council of Georgia: DUI Court Research

• Kootenai County DUI Court (Idaho) is an alcohol treatment program for persons arrested for their second DWI offense within five years or who have a BAC of 0.20 percent or higher. Potential participants are screened to determine the extent of their alcohol problem and eligibility for the program. Persons who are accepted into the program must sign a contract for comprehensive alcohol treatment lasting a minimum of one year, and are placed on extensive probation supervision and judicial monitoring by the court. NHTSA’s evaluation of this program found that only four percent of the participants who completed the program were rearrested for DWI.
  Koontenai County DUI Evaluation

• Michigan Sobriety Courts treat alcohol addiction with intense treatment and heavy court supervision, imposing incarceration as a last resort. Offenders must enter a guilty plea, allowing the court to incarcerate an offender for failing to complete treatment. Participants receive 36 weeks of detoxification, urine and breathalyzer tests, AA counseling, and group therapy. They must also meet with a probation officer and an alcohol counselor once a week and with a sobriety court judge once a month. They may retain their driving privileges by installing an ignition interlock system at their own expense.

• Bernalillo County DWI Court ( Albuquerque, New Mexico) has been operating since 1997, with the primary goal of reducing recidivism. It is a voluntary, court-supervised treatment program, which requires regular appearances before a DWI court judge and regular contact with the probation officer. Participants are required to undergo treatment, participate in mandatory drug and alcohol counseling, attend 12-step or other self-help meetings, and submit to random drug and alcohol screening. They are also required to attend a victim impact panel and to complete a specified number of hours of community service. A participant who violates any conditions of the program is sanctioned by a DWI court judge as soon as possible. Sanctions may include incarceration.
  Bernalilo County Evaluation - Final Report
  Bernalilo County Evaluation - Supplemental

• Rappahannock Area Alcohol Safety Action Program (RAASAP) DUI Recidivism Court (Virginia) is a cooperative effort that includes the judge, prosecutor, defense counsel, treatment professionals, and RAASAP case manager. This team reviews the progress of each offender in the program. Frequent status hearings are conducted. The DUI court judge is responsible for imposing sanctions; however, any team member may recommend sanctions. The judge readily responds to relapse or other violations with immediate sanctions, including increased frequency of status hearings, increased frequency of alcohol or drug screening, increased case management appointments in the RAASAP office, increased treatment atten dance, referral to the ignition interlock program, removal of driving privileges, curfew, community service, or jail.