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DELAWARE - DRIVING UNDER THE INFLUENCE LEGISLATION PROCEDURES AND PROBLEMS OF IMPLEMENTATION, PHASE 1 REPORT

NCJ Number
58579
Author(s)
M LESSER
Date Published
1978
Length
55 pages
Annotation
THE CONTENT AND IMPLEMENTATION PROBLEMS OF A DELAWARE LAW GIVING FIRST OFFENDERS ARRESTED FOR DRIVING UNDER THE INFLUENCE (DUI) OF ALCOHOL THE CHOICE OF TREATMENT OVER FORMAL COURT PROCESSING ARE DISCUSSED.
Abstract
THE LAW TOOK EFFECT JULY 1, 1978 AND WAS DESIGNED TO ENCOURAGE DUI OFFENDERS TO GET TREATMENT. IN CONTRAST TO PRIOR LEGISLATION UNDER WHICH FIRST OFFENDERS ALL WENT THROUGH THE COURT PROCESS AND WERE SUBJECT TO FINE AND/OR IMPRISONMENT, THE NEW LAW PERMITS THE INDIVIDUAL TO CHOOSE A TRIAL WAIVER AND A TREATMENT PROGRAM. AFTER 8 PROGRAM HOURS, PAYMENT OF THE COURSE FEE, AND A 30-DAY LICENSE REVOCATION, THE OFFENDER MAY APPLY FOR A CONDITIONAL LICENSE. OR AFTER PROGRAM COMPLETION AND 6 MONTHS' REVOCATION, THE PERSON MAY APPLY FOR FULL LICENSE REINSTATEMENT. EIGHTEEN MONTHS OF LICENSE REVOCATION IS THE PENALTY FOR FAILURE TO COMPLETE THE PROGRAM. THE LAW ALSO REPLACES MANDATORY SENTENCES FOR SUBSEQUENT OFFENSES WITH JUDICIAL DISCRETIONARY POWERS. NUMEROUS IMPLEMENTATION PROBLEMS WERE ENCOUNTERED WHEN THE LAW TOOK EFFECT, IN PART BECAUSE LACK OF AN OFFICIAL IMPLEMENTATION PERIOD PRODUCED MUCH CONFUSION AMONG RESPONSIBLE AGENCIES. PROBLEMS IDENTIFIED INCLUDED LACK OF INFORMATION FLOW AMONG DIFFERENT AGENCIES, INABILITY TO MONITOR OUT-OF-STATE OFFENDERS, UNCLEAR PROCESSESS FOR CHOOSING TREATMENT PROGRAMS, AND STRONG DISLIKE, AMONG MANY RESPONSIBLE OFFICIALS. SINCE THE LAW TOOK EFFECT, HOWEVER, FEWER PEOPLE HAVE BEEN DETAINED OR SENTENCED ON DUI CHARGES THAN IN THE COMPARABLE PERIOD IN 1977. THE CORRELATION BETWEEN THE LAW AND THE DECREASE IS UNCERTAIN. TO RESOLVE CURRENT PROBLEMS OR REWRITE THE LAW, THE DELAWARE CRIMINAL JUSTICE PLANNING COMMISSION SHOULD CONVENE A WORKING PARTY WITH INPUT FROM ALL AGENCIES AFFECTED BY THE LAW. NUMEROUS SPECIFIC RECOMMENDATIONS, TABLES, FOOTNOTES, FORMS USED, AND A DATA COLLECTION INSTRUMENT ARE INCLUDED. (CFW)