Pre-Trial Actions & Stricter Penalties
Accused repeat and high BAC drunk driving defendants often re-offend between the period of arrest and trial or the resolution of pending DUI charges. Pre-conviction, court-imposed actions are often required as conditions of bail.
To address public safety issues while the defendant is awaiting trial, pre-trial actions can include:
- assessment;
- technology (alcohol interlocks and continuous alcohol monitoring devices);
- counseling programs;
- license restrictions; and/or,
- daily reporting to the court.
The benefit of these conditions is that they can connect the repeat DUI defendant with appropriate treatment and supervision interventions early in the process, allowing them the opportunity to address their issues as soon as possible.
Another important aspect of these conditions is that they allow defendants to remain in the community as long as they are compliant. These individuals can subsequently maintain employment as opposed to being incarcerated. In addition, supervision programs monitor repeat DUI defendants for compliance and progress in treatment, which may increase the likelihood that the defendant will appear before a judge to continue their case.
Pre-trial program participation is not always mandated by the court. In some instances, the defendant’s participation is voluntary and can result in a reduced jail sentence or leniency in sanctions based on his or her level of compliance.
Responsibility.org supports pre-trial actions for repeat DUI offenders to reduce recidivism, protect the public, reduce failures to appear, and ensure supervision from the time of arrest. Read our complete policy position here.
