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.