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DUI Courts are saving lives

Program helps keep probationers sober and clean and our roads a safer place

Barbara
Rodriguez
Mundell

My Turn
Mar. 21, 2006 12:00 AM

Over the past several weeks, The Arizona Republic has published several articles about the "DUI Courts" established by the Maricopa County Superior Court. It is important for the public to understand the reasons behind this award-winning probation program and how it actually operates.

In 2004, there were 435 alcohol-related traffic fatalities in Arizona. The National Highway Traffic Safety Administration reports that about three in every 10 Americans will be involved in an alcohol-related crash at some time. And Maricopa County Superior Court handles more than 3,000 aggravated felony DUI cases every year.

In order to save lives, Maricopa County Superior Court created a DUI probation program known as DUI Court. Its proven track record of success shows that this program breaks the deadly cycle of recidivism. It is a program that should make all Arizonans proud.

Before 1998, defendants convicted of DUI were imprisoned but then put back on the streets and eventually behind the wheel of a car. Without the tools to quit drinking, many simply returned to their old driving-while-intoxicated habit. Judges saw repeat offenders returning to their courtrooms. In an effort to break this cycle, the court established a probation program, the DUI Court, that reduces drunken driving by breaking the cycle of arrest, imprisonment, release, re-offense and re-arrest.

This is not a traditional court where guilt or innocence is decided. Everyone who enters the DUI Court program has first been found guilty and sentenced in a traditional criminal-court proceeding conducted in English.

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DUI Court is not an easy program. Participants make a contract with the judge to abide by stringent requirements. They must wear an ankle bracelet that detects alcohol consumption and attend alcohol-recovery meetings. Probationers report compliance with their probation contracts to the court. Failure to comply may result in additional jail time.

Graduation is the reward for success. Graduation or failure is judged on the facts of each individual case by judges who have taken an oath of office to uphold the Constitution and decide matters fairly and impartially without regard to race, color or national origin.

A crucial component of the program includes regular probation meetings held in open court with the defendant, judge, probation officer, defense counsel and prosecutor. This team unites to convince a participant of the grave consequences of drinking and driving and to reinforce alcohol recovery. To be effective, there must be open, candid and meaningful communication between each probationer and the treatment team.

From 1998 to 2002, all court meetings were conducted in English. Although from the beginning, participants benefited from the program, team members observed that probationers who could not communicate easily in English did not benefit as much from treatment.

Spanish language DUI Court was established in 2002 to effectively communicate with probationers whose primary language is Spanish. Each probationer, not the judge, chooses whether to participate in the Spanish-speaking program. Although the group session is conducted in Spanish, real-time English-language interpretation is provided for everyone who requests it.

Because team members also observed a barrier to effectiveness with Native Americans, the court established another purely voluntary program option for Native American probationers. Although these court meetings are conducted in English, this program offers specialized probation services proven to successfully promote alcohol recovery for Native Americans.

The programs work. Most participants remain clean and sober. Almost 66 percent of the DUI participants and 88 percent of the Spanish-language participants succeed.

This is a life-or-death public safety issue. Discussion should focus on saving lives, making our roads safer and protecting our children and neighbors from death by alcohol.

The writer is presiding judge of Maricopa County Superior Court.

This information is courtesy of http://www.azcentral.com/

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DISCLAIMER:   The foregoing is not to be construed as legal advice to or for any specific individual. Always seek the advice of counsel for specific legal problems.

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