DWI court

Terminology

The term DWI stands for driving while intoxicated, while the term DUI stands for driving under the influence. Both charges relate to operating a motor vehicle while impaired as the result of the consumption of alcohol or another intoxicant. The name given to a DWI court may vary depending upon the terminology used in the state for its impaired driving offenses.

Goals

DWI courts tend to focus on the most serious cases and repeat offenders, and thus apply strict standards to the cases and defendants that come before them. Drunk and impaired driving offenses involves a substantial risk of harm and death to the driver and to others, as a foreseeable consequence of such conduct. In 1996, DWI cases accounted for 32 percent of motor vehicle traffic fatalities in the United States In 2014, alcohol was involved in 9,967 motor vehicle accident deaths, accounting for 31 percent of all traffic fatalities.

It is estimated that 6.2 percent of adults aged eighteen and older have an alcohol use disorder, characterized by an impaired ability to stop or control alcohol use. DWI courts seek to reduce impaired driving by treating alcoholism, while requiring offenders to take responsibility for their actions.

Studies suggest that DWI courts reduce both DWI recidivism and general criminal recidivism by an average of more than twelve percent, with the most successful DWI courts reducing recidivism by as much as fifty to sixty percent as compared to other forms of sentencing.

Participation

Defendants who want DWI court treatment are required to abstain from drinking alcohol. such as:

• Random visits from probation or law enforcement officers
• Attending treatment
• Participation in recovery support meetings, such as Alcoholics Anonymous
• Community service
• Frequent urine analysis or blood alcohol tests
• Transdermal alcohol detection devices such as SCRAM bracelets
• Installation of an ignition interlock devices.

Related issues

When defining DWI offenses, states and courts must consider whether or not the charge or a specific drunk driving offense should be classified as a crime of violence. If a court rules the incident as a crime of violence, which would result in the charge being treated as an "aggravated" felony for purposes if immigration law.

DWI Checkpoints may be used in conjunction with DWI courts to identify and prosecute impaired drivers.

In many jurisdictions, the court in which a DWI case is heard depends on the law enforcement agency that cited the individual and the location of the alleged violation. Cases often begin in a lower court, such as a justice or municipal court. Cases that involves more serious charges or appeals may be moved to a higher trial court.

References

References

1. (December 2016). "Does the probability of DWI arrest fall following participation in DWI and hybrid drug treatment court programs?". Accident Analysis & Prevention.
2. "DWI Courts". National Highway Traffic Safety Administration.
3. (2008). "Dying Under The Influence". Tort Trial & Insurance Practice Law Journal.
4. (8 August 2008). "National Drunk Driving Crackdown — August 15–September 1, 2008". Morbidity and Mortality Weekly Report.
5. "Alcohol Facts and Statistics".
6. (August 2020). "DWI Court Research and Best Practices".
7. Hess, Kären M.. (2008). "Introduction to Law Enforcement and Criminal Justice". Cengage Learning.
8. (January 2015). "The Bottom Line".
9. "Adult DUI/DWI Treatment Court Programs". Office of Problem- Solving Courts.
10. Olson, Rochelle. (30 December 2007). "DWI court succeeds by keeping keen eye on offenders". Star Tribune.
11. (April 2015). "Comparative study and evaluation of SCRAM use, recidivism rates, and characteristics. (Report No. DOT HS 812 143)".
12. (2015). "Michigan DUI/Sobriety Ignition Interlock Evaluation". Michigan Association of Drug Court Professionals.
13. (April 2011). "Comments on Sentencing Procedures". Federal Sentencing Reporter.
14. (Spring 2006). "Deportation and Driving: Felony Dui and Reckless Driving as Crimes of Violence Following Leocal v. Ashcroft". The Journal of Criminal Law and Criminology.
15. (May 2012). "Selected International Best Practices in Police Performance Measurement". Center on Quality Policing.
16. (2021). "Taking problem-solving courts to scale: diverse applications of the specialty court model". Lexington Books.
17. (6 June 2016). "Survey of DWI Courts". National Highway Traffic Safety Association.