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Positive News About DWI

by Judge J. Michael Kavanaugh
Bernalillo Metropolitan DWI/Drug Court Program

A new weapon in the fight against drunken driving is being wielded in Albuquerque's Metro Court - and it is beginning to show encouraging signs of success.

The Bernalillo County Metropolitan DWI/Drug Court Program was instituted in July 1997 as an experiment to see whether the traditional drug-court model could be adapted to tackle the difficult problem of drunken driving.

Drug courts have sprung up all across the United States, including New Mexico, on the heels of a successful program initiated in Miami, FL in 1989 by Judge Stanley Goldstein.

Drug addiction and the related criminal behavior have been a scourge in our society, clogging the entire legal system and filling the jails and prisons.  The theory behind drug court is to create a fully coordinated, team-based approach to address the multiple issues facing the addicted offender - especially treatment for the addiction.

Recidivism rates of drug-court graduates in Miami have dropped to 11 percent, compared to a typical 60 percent rate for those offenders processed through the non-drug court system.

Over the last year and a half, our own metro Court's program has graduated more than 40 individuals; only two have been rearrested on an alcohol-related charge.

Metro Court faced some very different challenges when the drug court idea was initially being considered.  First, drug courts typically dismiss felony drug charges if the defendant successfully completes the program.

But dismissal of driving while intoxicated (DWI - also often referred to as DUI or driving under the influence) would not be acceptable in our community.  Some other incentives needed to be developed.

Next, only a handful of courts throughout the country were trying the drug court model with DWI cases, and the feasibility of this approach in a high-volume court such as Metro Court was unknown.

Third, applying the drug court model to a "legal" drug - alcohol - posed a number of challenges not faced by drug courts that deal with illegal drugs.  Among them, easy and inexpensive accessibility to alcohol, social acceptance of drinking, and difficulties in detecting whether an offender is using alcohol.

Finally, acquiring the funding to get the new program off the ground would be challenging because of the scarcity of resources.

We applied for and received federal grant money for the U.S. Department of Justice and began the program with two probation officers, one clerk, and me as the Drug Court judge.

The grant was non-recurring and intended to be start-up money only.  The New Mexico legislature has appropriated funds to allow the program to survive, and the Bernalillo County DWI Planning Council has also provided money to continue the program.

We hope to attract additional money from governmental as well as private sources.

Behavior Care Options, Inc. was awarded the contract to provide treatment services for defendants in the program.  We opted for a single-source treatment provider instead of using many providers because we wanted consistency and continuity.  Behavioral Care Options, Inc. has been very effective in carrying out in responsibilities to create long-lasting lifestyle changes in the participants.

In order to qualify for Drug Court, a defendant must have been convicted of at least three DWIs or some other drug-related offense.  He or she must agree to postpone sentencing on the cast until graduation from the program.  Referrals to the program can be made by judges, probation officers, or attorneys.

Participants are required to:

• Report in person to a probation officer twice a week.
• Attend Alcoholics Anonymous or Narcotics Anonymous meetings at least once a week.
• Receive 16 acupuncture sessions.
• Attend group and/or individual counseling at least once a week.
• Appear before the Drug Court judge every two weeks.
• Attend the Mothers Against Drunk Driving's Victim Impact Panel.
• Complete 20 hours of community service.
• Submit to random urinalysis at least twice a week and breath tests at any time.
• Get a job.
• Receive family and parenting training skills, if needed.
• Take Antabuse, if prescribed.

An after-care program is offered upon completion of the program as well as the opportunity to act as a mentor for individuals still in the program. 

Perhaps the most unique aspect of Drug Court is the regular appearance before the judge.  Unlike the traditional criminal case model, where the judge has little or no contact with a defendant, the Drug court judge becomes an integral part of the treatment team.  The judge participates in pre-court case reviews, where the treatment provider, probation officer, and judge discuss the individual's progress.

During Drug Court, the judge engages defendants in a discussion of their progress, giving positive reinforcement if they are doing well and, if not, exploring the problematic issues with the defendant at great length.

Depending on the severity of the problem, the judge might deliver a stern rebuke or impose immediate sanctions, such as a reduction of earned points or incarceration for up to 30 days.

This frequent contact and communication between the judge and the defendant creates a very paternal-like relationship between them.  A common theme expressed in every successful Drug Court case is that the judge truly cares about the individual and will do everything necessary to ensure that the participants succeed through the program and through life.

One issue that is stressed in Metro Court's Drug Court is that personal responsibility, in all aspects of the person's life, must be developed and strengthened.  "Making the right choice" has become the mantra of the program.

Another crucial message the judge emphasizes is the recognition of the victims of DWI.  Participants are cautioned to think about the consequences of their actions and to realize how devastating it can be when they make the wrong choice of drinking and then driving.

Graduates of the program express genuine appreciation for the changes they have undergone while in the program; their family members often thank the court for the positive changes they see in their loved ones.

The Metro Court DWI/Drug Court does not profess to have all the answers when it comes to effectively dealing with the addicted offender.  And although not enough time has elapsed to evaluate the long-term effectiveness of the program, the data we do have indicates that participants are becoming clean and sober; that they are growing into productive, responsible members of our community; and that their chances for being involved in the criminal justice system on any alcohol - or drug-related charges are significantly reduced.

In short, the program is cost-effective, produces measurable results, and saves lives.

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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.