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Bakersfield Municipal Court

Honorable Frank Hoover
1215 Truxton Avenue, 2nd Floor
Bakersfield, CA  93301
(661) 861-2411

The Bakersfield Drug Court has accepted multiple drunk driving offenders since its inception in July 1993.

The Bakersfield Drug Court is a post-plea court and has approximately 300 participants. It calls for a calendar of approximately 70 participants four days each week. The drug court sees the participants weekly for the first three months of the program, twice a month for the next three months, monthly for two to three months, and then weekly for the last month of the program. After graduation, participants are required to attend once a month for three months. There are some variations bases on individual need from this basic outline. The court has many DUI (alcohol and/or drug) drivers.

Once enrolled in drug court, participants are assessed by drug court staff (certified drug and alcohol abuse specialists) and referred to various community-based treatment providers based on individual needs. In addition to counseling, 12-step, or other self-help meetings, they are also required to submit to urine tests for alcohol and street drugs and to attend drug court hearings. After graduation, the court deletes the fine and works with participants to deal with mandatory minimum sentences. Typically, the court will allow work release, electronic monitoring, or any other acceptable alternative to jail time. The recording of the conviction and state-mandated license restrictions imposed by the state department of motor vehicles (DMV) are not affected by participation in drug court.

To fully understand the process by which the Bakersfield Drug Court handles DUI alcohol cases, it helps to have a basic understanding of California State law. If there is a grant of probation upon a first conviction for driving under the influence, state law mandates a minimum of 48 hours in jail (which is not normally done in actual custody), a very large fine of approximately $1,400 and 12 weeks of alcohol awareness classes. The conviction is expensive, but it actually involves no real jail time. There is almost always a driver’s license suspension of from four to six months, which is imposed by the California DMV and not by the court.

A second conviction within seven years (if probation is granted) mandates a minimum of 96 hours in custody (again usually not done in actual custody), the same large fine, an 18-month license suspension (requiring the offender to enroll in and complete a 12-month driving-under-the-influence school to have the license reinstated), and the installation of an interlock ignition device on the offender’s vehicle. This conviction also involves little or no actual jail time. The mandatory loss of the driver’s license for an extended period of time is the sanction most often complained of by the offenders.

In the experience of the Bakersfield Drug Court, first and second offenders seldom request drug court. Once the requirements of drug court are explained and the offender has the opportunity to compare those requirements with the standard sentence, they normally opt to be sentenced. It should be noted that the Drug Court has many first and second offenders, but those persons normally have pled guilty to driving under the influence of a controlled substance, which requires a mandatory minimum of 90 days in jail.

A third conviction for DUI within seven years mandates a minimum four-month jail sentence, a three-year license suspension, the same fine, and other standard conditions of probation. A fourth conviction is a felony in California. The Bakersfield Drug Court typically sees third offenders.

The Court is very aware that multiple DUI offenders are of great concern to the community in that they are (with considerable justification) perceived to be extremely dangerous. In addition, they tend to be in a much greater state of denial than the typical drug court client, a controlled-substance addict. It has been decided that anyone convicted of DUI with two or more priors must serve 30 days in jail or in a legitimate 24-hour residential treatment facility, during which time they will receive alcohol counseling prior to beginning the standard court program.

This required 30-day sentence results in the offender being away from alcohol for 30 days. The participant receives significant counseling during that period and the period of confinement has significant affect upon thought processes with regard to alcohol. Most persons convicted of this offense have never really been to jail (except possibly overnight). A 30-day commitment tends to give them time to think and realize that alcohol has a very real adverse effect on their lives. They tend to be much more willing to accept that they have an alcohol problem and become more focused upon recovery after the commitment. According to the Drug Court Judge, the likelihood of having a multiple offender who is not an alcoholic is very remote.

Upon release from custody the DUI offenders go through the normal intake process for drug court. They are made very aware that if they come to drug court with an odor of alcohol about their person, there is a strong chance they will be taken into custody on the spot. It is also pointed out that they will be held absolutely accountable for all court-ordered AA meetings, counseling, and any other orders the courts sees fit to impose. The rationale behind this is that they half-life of alcohol in the urine is only a few hours. As a result, the only way to monitor program performance is in areas other than urine testing. It is made clear that the court has no choice except to deal with these offenders in a more strict fashion than the typical drug court client.

During the entire drug court process the client is monitored closely, and if the drug court specialist feels the participant is not progressing satisfactorily he or she is immediately referred to the probation officer. If there is any reason to suspect recent use of alcohol the client is also referred to the probation officer for a Breathalyzer test. In the event alcohol is detected, the drug court team staffs the case to determine the course of treatment or sanctions to impose. At that time the court may take the client into custody if it becomes necessary. On average these clients are required to be in drug court two months longer than the typical client.

Analysis of DUI With Priors Referred to Drug Court
From May 1, 1996 to April 30, 1998

Although defendants convicted of DUI with priors were referred to Bakersfield Drug Court since December 1993, this analysis only covers cases referred to drug court for May 1, 1996 to April 30, 1998. The tracking system that monitors drug court activities was not implemented until 1996.

During this time frame, 64 misdemeanor DUI and 1 felony DUI with prior were referred to Drug Court. Of the cases referred (does not include active participants)-

• 30 defendants (46 percent) completed the program.
• 5 defendants who completed the program (17 percent) were rearrested.
• 1 defendant was rearrested while in the program.

DUI With Priors Referred to Drug Court

The length of time defendants were in the program varied from a minimum of 6 months to 24 months. Of the defendants rearrested:

• 33 percent were in the program for 6 months.
• 19 percent were in the program from 7 months to 12 months.
• 17 percent were in the program from 13 months to 18 months.
• 0 percent were in the program from 19 months to 24 months.

It appears that the longer defendants are in the program, the likelihood of re-arrest diminishes.

Next DUI Court:  Butte County, CA

This web page was created by the American Council on Alcoholism 
to serve as a resource for information about DUI courts.

This page was last updated on 4-30-2003.