Tuesday, January 01, 2008

DUI probation court feels weight of harsher laws

DUI probation court feels weight of harsher laws
Jill Redhage, Tribune
Combine the new stricter punishments for drunken drivers with law enforcement’s holiday DUI crackdown, and you get a lot more people eligible for DUI probation court, a DUI Court judge says.

Recently, the number of participants in the program — an alternative to regular probation for people convicted of a felony associated with drunken driving — has climbed to almost 400.

Serious DUI offenders will first face the state’s new laws, which went into effect on Sept. 19. The law requires anyone guilty of driving with a blood-alcohol content (BAC) of 0.20 or higher to spend at least 45 days in jail, to pay at least $500 in fines and to use an ignition interlock device for 18 months.

A second DUI conviction within seven years earns the driver no fewer than 180 days in jail, at least $1,000 fine and two years driving with an interlock device.

Maricopa County Superior Court Commissioner Steven Lynch said DUI probation court has been so successful that the court would like to expand it, but its prospects are unclear given a tight county budget. Lynch also said the program is limited geographically to where its counseling centers are located.

The three-step program, typically taking 18-24 months to complete, is meant not only to punish people who drive drunk, but also to help them recover from substance abuse problems and to reduce recidivism.

‘MORE STRENUOUS’
“DUI probation court is so much more strenuous than regular probation,” said Lynch, who holds probation court in his 1 W. Madison St. courtroom in Phoenix three Friday mornings each month.

“But if you complete the program, your likelihood of reoffending is much lower than someone who’s just completed standard probation.” Lynch said the recidivism rates drop well over 50 percent for participants.

The program combines group counseling, one-on-one counseling, drug and alcohol testing, Alcoholics Anonymous meetings, paying court fines and attending DUI probation court meetings.

The participants, often beginning with electronic monitoring anklets that detect alcohol in their blood, earn increasingly more freedom as they progress successfully through the program.

Former presiding Maricopa County Superior Court Judge Colin Campbell started DUI probation court in the late 1990s. Since then, the program has grown to serve 300 to 400 people at a time. Participants are screened when convicted to determine if they’d be a good match for the program; usually people with significant substance abuse problems, but not a criminal past, are the best candidates.

In 2002, presiding Superior Court Judge Barbara Rodriguez Mundell began Spanish DUI probation court, staffed by a Spanish-speaking county attorney, public defender, probation officer, counselor and herself. Mundell has said participants in the Spanish program, meeting every five weeks, are more likely to graduate than those in the English program.

During a recent probation court meeting, 48 people crammed into a small basement courtroom and listened for their names to be called.

Lynch first called the names of four people he’d be taking into custody, because they’d violated the terms of the program. Two were no-shows, and he issued warrants for their arrests.

Then came the four program graduates. All received framed diplomas, congratulations from the judge and a chance to speak before their peers.

“Do everything you gotta do. Keep your eye on the prize,” one graduate advised.

Another graduate said, “This has not been an easy 16 months for me.” He spoke of relapsing several times, forbidden by the program. But one day he switched his way of thinking — he got positive — he said, and breezed through the program.

“It changed my life,” he said.

After the graduate spoke, Lynch commended the “stars” — participants who have worked especially hard, attended extra meetings, paid off fines and who otherwise have proven their desire to succeed. Lynch singled out 11 for this honor, greeting them with a
“Congratulations,” a handshake and a note in their records.

‘COLLECTIVE BENEFIT’
“The whole idea is when you see people being praised, others being sanctioned — there’s a collective benefit for everyone,” Lynch said. “For a lot of these folks, they just have no other support in their lives.”

Following the “stars” and before meeting the new recruits, Lynch spoke with 22 participants in varying stages of the program experiencing varying levels of success.

He asked a woman to tell the group about a class she’d taken describing the possible consequences of driving drunk, such as causing a fatal motor vehicle collision.

“I’m glad I got caught when I did,” she said.

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Arizona Lawmaker Will Sponsor New DUI Laws

Lawmaker Will Sponsor New DUI Laws
December 31st, 2007 Steve Soliz/KTAR

State Sen. Jim Waring, R-Phoenix, will push four new bills targeting drunken drivers in the next session of the Arizona Legislature, beginning in January.

Waring said his bills will not solve the ultimate problem of drunken drivers and will not affect all people arrested for DUI. ``But there are a few cases where these sanctions may come into play, and we're really just filling in the gaps," he said.

One proposal would take the license of anyone who is involved in an alcohol-related collision.

``We feel it's not right to give that person a license and send them right back out on the road, which is the current practice if you're charged, for example, with manslaughter," said Waring. He said a hearing would be held to decide whether the driver could have his license back.

Another bill would require convicted DUI offenders to finish all of their community service before being given new licenses.

``I'm confident that we're going to get to the point where people realize that this is just not a road they want to go down. And hopefully, we can eliminate, maybe 50 fatalities per year. What would that be worth to the state? I would say a great deal."

In Arizona, more than 600 people died this year in alcohol-related crashes, Waring said.

Meanwhile, DUI arrests keep building during the holiday season. More than 2,500 suspected drunken drivers have been pulled off the streets since Thanksgiving. The state's Holiday DUI Task Force stopped nearly 34,000 drivers and issued more than 10,000 tickets for violations other than DUI.


http://www.arizona-real-estate-pima-tucson.com


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Arizona DUI arrests top 2,300 in statewide holiday crackdown

DUI arrests top 2,300 in statewide holiday crackdown

Sunday, December 30, 2007


PHOENIX (AP) -- Authorities participating in a statewide holiday drunken driving task force say they've now made more than 2,300 DUI arrests since the effort began last month.

On Friday alone, 182 drivers were booked on drunken driving charges.

The Governor's Office of Highway Safety coordinates the effort, which involves saturation patrols, DUI checkpoints and youth alcohol enforcement using officers from dozens of law enforcement agencies.

Authorities have stopped more than 32,000 drivers and issued more than 9,500 citations for driving offenses besides DUI.

Under a new state law, DUI offenders face a minimum 10 day jail term, fines and license suspensions and must install an ignition interlock device in their vehicles.

The task force continues through New Year's Day.


www.arizona-real-estate-pima-tucson.com

New Year's revelers face tougher DUI law

New Year's revelers face tougher DUI law
The Arizona Republic

Welcome to party weekend.

The next three days will help the Valley ring in the New Year, capped off with signature events Monday night, including fireworks, bands, crowds by the thousands and plenty of drinking.

Factor in Arizona's tough new DUI laws, and there's a sobering reality for revelers.

The new law requires 10 days of jail time, a suspended driver's license and an in-car testing device - for a first-time offender. Of course, there's the biggest danger: hurting someone else or yourself by getting behind the wheel when you're not OK to drive.

With such high stakes, many in the Valley are taking new steps.


http://www.arizona-real-estate-pima-tucson.com/arizona-dui-basics.htm






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