History

• Specialty courts aimed at reducing drug use and arrest recidivism began in the late 1980s. Research into the number of repeat DWI offenders opened the door for the introduction of similar courts, and the majority of DWI courts began to emerge after 1994. Sensing a need to raise awareness and provide specialized training, the National Association of Drug Court Professionals established the National Center for DWI Courts in 2007.
  
  

Purpose

• A typical DWI sentence includes either jail time or standard probation, which may not focus on alcohol-related issues. DWI courts utilize a type of probation that focuses on treatment through intensive supervision. Unlike most drug courts, DWI courts deal with offenders after their conviction. This means the program is not designed to avoid a criminal record or license suspension, but to assist those willing to accept help. According to the NCDC, "DWI Courts are accountability courts, holding the hardcore impaired drivers accountable for their decisions; decisions made before the arrest---to drink and drive, and decisions made after the conviction---to comply with the court's orders."
  
  

How It Works

• Participating in a DWI court is voluntary. Generally, DWI courts consist of a team including a judge, prosecutor, defense counsel, probation officer, substance abuse counselor, law enforcement presence and a coordinator. Defendants meeting eligibility requirements apply for an opening, and, if accepted, begin the program after pleading guilty. Participants enrolled in DWI court meet as a group with all team members on a regular basis to determine their successes and failures. The program progresses in stages and can include sanctions for missteps, a vehicle ignition lock and an ankle alcohol monitoring system.
  
  

Eligibility

• Each state and jurisdiction has specific rules and guidelines regarding eligibility for DWI court. Because the program is aimed at hardcore offenders, most jurisdictions require a certain level of intoxication or a second offense. Some basic requirements are being a resident of the county where the offense occurred, having no violent criminal history, no victim in the pending case, and no holds or warrants from another county or jurisdiction. You must be able to meet participation guidelines, including attending all meetings, performing random urinalysis testing, and attending all required treatment and court appearances.
  
  

Treatment

• DWI court treatment begins with a total abstinence philosophy, but recognizes that alcoholism is a chronic and serious disease that cannot be cured overnight. Offenders are taken on a case-by-case basis to target their specific needs and level of addiction. Treatment may be inpatient or outpatient and many times will include Alcoholics Anonymous. DWI court participants must meet regularly with the group substance abuse counselor to determine if additional counseling is needed.
  
  

Does It Work?

• According to the NCDC, studies conducted by the Michigan State Court Administrative Office have shown that DWI court participants are 19 times less likely to be repeat DWI offenders, and spend more time in treatment. The National Association of State Judicial Educators published a Recidivism Rate Comparison Study of the DWI court program in Fredericksburg, Virginia. This study revealed an 8 percent recidivism rate for graduates of the program, compared to 22 percent for unsuccessful participants.