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We are continuously being exposed to developments in current DWI regulations. In turn, defense attorneys must adapt their means of working the criminal justice system accordingly.
The new legislation provides harsher punishments for offenders with breath tests at .15% or higher, prior offenders, and/or persistent offenders. This legislation provides the authority to establish DWI/DUI courts for offenders that meet this criteria. This will mimic the drug courts which are currently in effect. It has become apparent that jail time may be ineffective in some instances, the DUI court will focus on factors such as treatment for alcoholism as well as other substance abuse, in order to reduce the recidivism of persistent offenders. This division would specialize in alcohol monitoring, judicial supervision, substance abuse testing, and community service among other requirements.
Aside from the DWI/DUI courts, mandatory jail time has been increased and the standard SIS given will be limited. Also, the new legislation has added some restrictions to the expungement policy of a DWI/DUI offenses.
In an effort to keep repeat drunk drivers off the road, the new legislation will require counties and municipalities to maintain a constant distribution of information in regards to prior offenses. A database system will serve as a cross-referencing tool for officials to employ while investigating offenders. This database goal is an effort to establish consistency in penalties and punishments given for drunk drivers across the state.