“We cannot solve the problems we have created with the same
thinking that created them”
Albert Einstein
The Promise of DWI Courts
(a.k.a. DUI/Drug Courts)
Office of National Drug Control Policy (ONDCP); Bureau of Justice Assistance (BJA); National Highway Traffic Safety Administration (NHTSA)
Developed by the National Drug Court Institute
(NDCI)
C. West Huddleston, Director
The Good News
American’s roads are safer today as a result of the massive public awareness and enforcement campaigns that began in the early 1980s.
The number of alcohol-related traffic fatalities has
declined by one third since 1982 .
(26,173 people killed in 1982)
The Good News
Since 1982, the total number of alcohol-related
traffic fatalities declined 34 percent, while the
number of youth under 21 alcohol-related traffic fatalities fell 56 percent
0
1
2
3
4
5
6
66 68 70 72 74 76 78 80 82 84 86 88 90 92 94 96 98 00 02 04
Fatality rate/100M VMT
0
1
2
3
4
5
6
66 68 70 72 74 76 78 80 82 84 86 88 90 92 94 96 98 00 02 04
Fatality rate/100M VMT
Motor Vehicle Fatalities: Lowest Rate in Recorded History
Sources: 2004 NCSA, FARS, FHWASources: 2004 NCSA, FARS, FHWA
2004 Rate
1.46
2004 Rate
1.46
10,000
12,000
14,000
16,000
18,000
99 00 01 02 03 04
10,000
12,000
14,000
16,000
18,000
99 00 01 02 03 04Source: FARSSource: FARS
5.1% Decrease Since ’025.1% Decrease Since ’02
Alcohol-Related Fatalities1999 – 2004
Life Saving Traffic Safety Strategies
Safer Roads
Safer Cars
Seat Belt/Restraint Enforcement
Raising Minimum Drinking Age
Lowering BAC Limits to .08
Stiffer DWI Penalties
Enhanced Sobriety Checkpoints
Saturation Patrols
National Campaigns
LawEnforcement:Job Well Done
Driving While Impaired in Driving While Impaired in AmericaAmerica
Motor vehicle crashes are the leading cause of death and injuries for Americans
Age 2 through 33
Alcohol-related crashes are a substantial part of this problem!
NHTSA National Center for Statistics and Analysis, 2005
Driving While Impaired in Driving While Impaired in AmericaAmerica
40% killed in traffic crashes last year died in an alcohol-related crash
65 % injured received their injuries in an alcohol-related crash
NHTSA National Center for Statistics and Analysis, 2005
“One by one Americans are needlessly falling through dangerous gaps in the drunk driver control system in nearly
every state and community.” (Millie Webb, MADD, 2002)
How Do We Protect Our Communities?
Punishment
or
Rehabilitation
What if we JUST put them in What if we JUST put them in PRISON?PRISON?
29.9% of prisoners released in 1994 in 15 states were rearrested within 6
months and 67% are rearrested within 3 years. (BJS, 2002)
What if we JUST Put Them in What if we JUST Put Them in PRISON?PRISON?
Criminal Recidivism in 3 Years
• 68% arrested for new crime
• 47% convicted of new crime
• 25% incarcerated for new crime
• 50% re-incarcerated for violations
Relapse to Substance Abuse in 3 Years
• 95% relapse
(University of Penn, 2002)
What if we JUST Refer Them to What if we JUST Refer Them to TREATMENT?TREATMENT?
Attrition
• 50% to 67% don’t show for intake
• 40% to 80% drop out in 3 months
• 90% drop out in 12 months
Outcomes
40% to 60% of clients abstinent at 1 year
Why Can’t People Just Change?
For the Addict and Alcoholic….
“Remaining Addicted Becomes Easier than Trying to Change”
Does Treatment Work in Combating Substance
Abuse?
YES…but
Not if the addict or alcoholicIsn’t there!
Research Findings
• Drug Abuse Reporting Project (DARP)
• Treatment Outcome Prospective Study (TOPS)
• Drug Abuse Treatment Outcome Study (DATOS)
• National Treatment Improvement Evaluation Study
Research Findings• The length of time a patient spent in
treatment was a reliable predictor of his or her post treatment performance. Beyond a ninety-day threshold, treatment outcomes improved in a direct relationship to the length of time spent in treatment, with one year generally found to be the minimum effective duration of treatment.
• Coerced patients tended to stay longer. This was in light of the finding that most of the legally coerced addicts had more crime and gang involvement, more drug use, and worse employment records than their non-coerced counterparts.
The Answer is the COURTS
Punishment and
AccountabilityTreatment
Courts as Problem-Solver
“Effective trial courts are responsive to emergent public issues such as drug abuse…A trial court that moves deliberately in response
to emergent issues is a stabilizing force in society and acts consistently with its role of
maintaining the rule of law”
Bureau of Justice Assistance’s Trial Court Performance Standards, 1997
DWI Courts
Why Do We Believe DWI Court is the
Answer?
DWI Courts are Based on the Tested and Proven DRUG COURT Model
A Drug Court is a common-sense approach to the drug/alcohol offender.
Its purpose:
To expedite the time interval to get offenders into accountability and
treatment QUICKLY
To keep the individual engaged in treatment LONG ENOUGH to receive
treatment benefits.
Number of Drug Courts1989 1
1990 1
1991 5
1992 10
1993 19
1994 40
1995 75
1996 139
1997 230
1998 347
1999 472
2000 665
2001 847
2002 1,048
2003 1,183
Drug Courts Today
1,621 drug courts in operation 811 Adult Drug Courts
357 Juvenile Drug Courts 153 Family Dependency Treatment Courts
176 DWI/Drug Courts 54 Tribal Healing to Wellness Courts
68 Reentry Drug Courts 1 Campus Drug Courts1 Federal Drug Court
212 drug courts are planning in 2005
Drug Court Clearinghouse at American University and the
Government Accounting Office (GAO)
Over 350,000 clients have been admitted to U.S. drug court programs since 1989
with a
67-71% retention rate.
“Represents a six-fold increase in treatment retention over most previous efforts (Marlowe et al., 2003).”
The National Center on Addiction and Substance Abuse (CASA) at Columbia
University conducted a meta-analysis and critical review of drug court research and evaluations finding (Belenko 1998, 1999, 2001) :
drug courts provide the most comprehensive and effective control of drug-using offenders’ criminality and drug usage while under the
court’s supervision.
Federal Sentencing Reporter (Marlowe, D.B., DeMatteo, D.S., & Festinger, D.S. 2003, October)
“To put it bluntly, we know that drug courts outperform virtually all other
strategies that have been attempted for drug-involved offenders.”
Key Components of the Model
Non-adversarial ProcessOngoing Judicial Supervision
Intensive Community SupervisionIntensive Treatment
Community Involvement
Law Enforcement
Treatment Provider
Prosecutor
Researcher
Probation
Court Coordinator
JudgeDefense Counsel
A Coordinated Effort
Advocates
Mental Health
Participants attend a status conference hearing with the Judge.
Effective Community Supervision and Home Visits
Bar Sweeps
Approximately 90 “DWI Courts” in operation, 86 “hybrid” Drug/DWI Courts operational and 89 in the planning process
Bernalillo County, New Mexico )Recidivism: 15.5% vs. 28.5% (2 yrs)
Lansing, MichiganRecidivism: 13% vs. 33% (5 yrs)
Kootenai County, Idaho DUI Court
Recidivism: 4% vs. 25% (2 yrs)
70% Retention Rate
DWI Court Evaluations
Arizona – Completed
Alaska – Completed
Pennsylvania - Underway
Georgia- Underway
Approved GHSA Resolution
“GHSA supports DWI courts and urges states to work with their state criminal justice agency
counterparts to implement them where appropriate. GHSA also recommends that NHTSA evaluate DWI courts to determine their effectiveness”
Approved MADD Resolution
“MADD supports the use of post-adjudication DUI/DWI courts that employ the strategies of close
supervision, frequent alcohol and other drug testing, and ongoing judicial interaction to integrate alcohol and other drug treatment services with the
justice system. MADD recommends that DUI/DWI courts should not be used to avoid a record of conviction and/or license sanctions.”
MADD National Board of Directors
DWI Courts: The Guiding Principles
Target the PopulationProvide a Clinical AssessmentDevelop the Treatment ModelSupervise and Detect Behavior
Develop Community PartnershipsTake a Judicial Role
Provide Case ManagementSolve Transportation Barriers
Evaluate the ProgramEnsure Sustainability
DWI CourtsA Serious Solution To a Serious Threat
NDCI’s 2005DWI Court Activities
• NHTSA’s One-Day and Four-Day Training
• Onsite Technical Assistance
• DWI Courts: The Guiding Principles
• Authorization and Appropriation
• Partnerships/Resolutions (MADD, GHSA)
NHTSA DWI Court Trainings
Philadelphia: May 20Nashville: July 15Austin: July 18-21
Lansing: July 25-28Portland: August 26
Minnesota: September 19Salt Lake City: September 29
Denver: September 30Phoenix: October 19-22
St. Louis: October 28Athens: November 7-10
For More InformationNational Drug Court Institute (NDCI)
West Huddleston, Director703-575-9400, ext. 13
Kristen Daugherty DWI Court Manager703-575-9400, ext. [email protected]