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DWI courts handle cases of driving while intoxicated or drinking alcohol. The judge aims to provide treatment to reduce recidivism and hold the offender accountable. Charges must involve habitual offenders or high BAC. Offenders participate in an alcohol treatment program and comply with other terms to receive a shortened or suspended sentence. The DWI justice system reduces recidivism. Punishing offenders may not address the underlying causes of substance abuse. Rehabilitation through a DWI court may offer another option.
A drink driving court (DWI) is a court that focuses on handling DWI cases, where people are driving while intoxicated or drinking alcohol. Some courts may deal with a combination of alcohol and drug cases, dealing with substance abuse in general, while others are limited to hearing cases involving DWI charges. In court, the judge reviews cases and issues judgments with the aim of providing treatment to the offender to reduce recidivism and hold the person accountable. This differs slightly from a traditional judicial model, where the goal is to punish offenders.
Many regions have a DWI court. To be heard in this court rather than regular court, charges usually have to involve a habitual offender or someone arrested with a very high blood alcohol content (BAC). This allows the court to focus on the drivers most at risk of recidivism, as their behavior suggests a high probability that they will drink and drive again. As with regular court, individuals in a DWI court have legal representation and can work with the prosecutor and judge on a plea deal, as well as be heard in court.
The judge will hear the case and make a decision based on the facts presented. If the offender is guilty, the judge offers the opportunity to participate in an alcohol treatment program. Offenders who agree to participate in a treatment program, regularly check in with a probation officer, and comply with other terms may receive a shortened or suspended sentence. They may also have to pay fines, depending on court policies.
As long as the offender meets terms, attends counseling sessions, checks in with a supervisor, and performs other duties, that person will remain in good standing with the court. Offenders who fail to do so may be subject to fines and jail time for violating the DWI court agreement. Judges will warn people of the consequences for not meeting the terms of the sentence so that they are aware in advance.
The DWI justice system appears to reduce recidivism. Studies in communities where this option is available show a reduction in drunk driving in general and repeat cases in particular. The same model can be useful for drug-related crimes. Simply punishing offenders may not address the underlying causes of substance abuse and tends to be more likely to result in a repeat of the crime. Providing rehabilitation through a DWI court to people who are willing to work for it may offer another option.
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