Austin American StatesmanAustin American StatesmanAugust 21, 2007August 21, 2007

Texas leads nation in number of drunken Texas leads nation in number of drunken driving deathsdriving deaths

WASHINGTON BUREAUWASHINGTON BUREAUTuesday, August 21, 2007Tuesday, August 21, 2007

WASHINGTON — WASHINGTON — Texas led the country in the number Texas led the country in the number of drunken driving fatalities last yearof drunken driving fatalities last year, statistics , statistics released Monday by the U.S. Department of released Monday by the U.S. Department of Transportation show. Transportation show.

The state had 1,354 drunken driving deaths last year, The state had 1,354 drunken driving deaths last year, up 34 from 2005. up 34 from 2005.

The state tied Arizona and Kansas for largest increase The state tied Arizona and Kansas for largest increase in the number of fatalities; Utah, Kansas and Iowa in the number of fatalities; Utah, Kansas and Iowa had the largest percentage increases compared with had the largest percentage increases compared with 2005...2005...

The Promise of DWI/Drug Courts

Grant funded by TxDOT

Our Goals TodayOur Goals Today

What is a DWI/Drug What is a DWI/Drug Court?Court?

Why do I care?Why do I care?

What can I do?What can I do?

Purpose of Criminal Purpose of Criminal StatutesStatutes

Protect publicProtect publicPunish behaviorPunish behaviorPreventionPreventionRehabilitate (change Rehabilitate (change

behavior)behavior)

How can we use the How can we use the judicial system to effect judicial system to effect a change in behavior?a change in behavior?

Change is Change is hardhard

““Given a choice between Given a choice between changing and proving changing and proving

that it is not necessary, that it is not necessary, most people get busy most people get busy

with the proof.”with the proof.”

John GalbraithJohn Galbraith

Stages of ChangeStages of ChangePrecontemplationPrecontemplation

ContemplationContemplation

PreparationPreparation

ActionAction

MaintenanceMaintenance

(Relapse) (Relapse)

( Prochaska, Norcross and DiClemente’s ( Prochaska, Norcross and DiClemente’s Changing for Good, 1994)Changing for Good, 1994)

““Motivation should not be Motivation should not be thought of as a personality thought of as a personality

problem. Rather, motivation problem. Rather, motivation is a state of readiness to is a state of readiness to

change, which may fluctuate change, which may fluctuate from one time or situation to from one time or situation to

another. another. This state is one This state is one that can be influencedthat can be influenced.”.”

Miller & Rollnick, 1991Miller & Rollnick, 1991

““Motivation should not be Motivation should not be thought of as a personality thought of as a personality

problem. Rather, motivation problem. Rather, motivation is a state of readiness to is a state of readiness to

change, which may fluctuate change, which may fluctuate from one time or situation to from one time or situation to

another. another. This state is one This state is one that can be influencedthat can be influenced.”.”

Miller & Rollnick, 1991Miller & Rollnick, 1991

“ “Creative” SentencingCreative” Sentencing

• YogaYoga• Tai ChiTai Chi• Writing “I will not do stupid things” 2500 Writing “I will not do stupid things” 2500

timestimes• Dressing up like victim (in a dress) and Dressing up like victim (in a dress) and

being forced to walk around downtownbeing forced to walk around downtown• Jogging for an hour for trying to run from Jogging for an hour for trying to run from

policepolice• Listening to music or readingListening to music or reading• Carrying a photograph of the victim in Carrying a photograph of the victim in

walletwalletUSA Today, February 23,

2004

How Do We Protect Our How Do We Protect Our Communities?Communities?

Punishment Punishment

oror

RehabilitatiRehabilitationon

What if we JUST Put Them in What if we JUST Put Them in PRISON?PRISON?

Criminal Recidivism in 3 YearsCriminal Recidivism in 3 Years 68% arrested for new crime68% arrested for new crime 47% convicted of new crime47% convicted of new crime 25% incarcerated for new crime25% incarcerated for new crime 50% re-incarcerated for violations50% re-incarcerated for violations

Relapse to Substance Abuse in 3 YearsRelapse to Substance Abuse in 3 Years 95% relapse95% relapse

(TRI, (TRI, 2002)2002)

What if we JUST Refer Them to What if we JUST Refer Them to TREATMENT?TREATMENT?

AttritionAttrition 50% to 67% don’t show for intake50% to 67% don’t show for intake 40% to 80% drop out in 3 months40% to 80% drop out in 3 months 90% drop out in 12 months90% drop out in 12 months

OutcomesOutcomes

40% to 60% of clients abstinent at 1 year40% to 60% of clients abstinent at 1 year

Again, 95% relapse rateAgain, 95% relapse rate(TRI, 2003)(TRI, 2003)

The answer is…The answer is…

Drug CourtsDrug Courts DWI CourtsDWI Courts Problem Solving CourtsProblem Solving Courts

Mental HealthMental HealthCPSCPSJuvenileJuvenile

““DWI CourtDWI Court” means the ” means the creation of a specific creation of a specific docket for repeat offenders docket for repeat offenders who report to the Court on who report to the Court on a regular basis (initially a regular basis (initially weekly) with their weekly) with their probation officer and probation officer and treatment counselor for a treatment counselor for a Court supervised status Court supervised status hearing.hearing.

In 1989, the first drug court began in Miami, Florida.

In 1994, 12 drug courts existed.

Today, over 1,500 drug courts exist in the United States. With

many more abroad.

Key ElementsKey Elements

Early screening and assessmentEarly screening and assessment Frequent, random drug and alcohol testingFrequent, random drug and alcohol testing Constant Court and probation supervisionConstant Court and probation supervision Individual and group therapyIndividual and group therapy Financial accountability to Court and Financial accountability to Court and

othersothers System of immediate sanctions and System of immediate sanctions and

incentivesincentives Graduated levelsGraduated levels

Why is Screening and Why is Screening and Assessment so important?Assessment so important?

Drivers with a BAC of .15 or Drivers with a BAC of .15 or above are above are ________ times more times more likely to be involved in a likely to be involved in a

crash.crash.

The Risk Principle—High RiskThe Risk Principle—High Risk

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The Risk Principle—Low RiskThe Risk Principle—Low Risk

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Does it work?Does it work?

Nationwide recidivism Nationwide recidivism studies in New Mexico, studies in New Mexico, Florida, Georgia, Michigan, Florida, Georgia, Michigan, etc. consistently show etc. consistently show recidivism for addicted recidivism for addicted alcoholics and drug addicts is alcoholics and drug addicts is reduced by ________%reduced by ________%

Approved MADD Approved MADD ResolutionResolution

““MADD supports the use of post-adjudication MADD supports the use of post-adjudication DUI/DWI courts that employ the strategies DUI/DWI courts that employ the strategies of close supervision, frequent alcohol and of close supervision, frequent alcohol and other drug testing, and ongoing judicial other drug testing, and ongoing judicial

interaction to integrate alcohol and other interaction to integrate alcohol and other drug treatment services with the justice drug treatment services with the justice

system.  MADD recommends that DUI/DWI system.  MADD recommends that DUI/DWI courts should not be used to avoid a record courts should not be used to avoid a record

of conviction and/or license sanctions.” of conviction and/or license sanctions.”

MADD National Board of MADD National Board of DirectorsDirectors

Other Resolutions Passed

The National District Attorneys Association

The National Sheriffs Association

International Association of Chiefs of Police

The National Association of County Organizations

Number of Texas DWI Number of Texas DWI CourtsCourts

0

5

10

15

20

25

30

35

2005 2006 2007 2008 2009

DWI Courts

How will this help your How will this help your community?community?

Cost/effectiveness study for Cost/effectiveness study for Dallas County showed $9.43 Dallas County showed $9.43 taxpayer dollars saved for every taxpayer dollars saved for every dollar spent on the program dollar spent on the program

What can you do?What can you do?

For More Information…For More Information…

Judge David L. HodgesJudge David L. Hodges

Texas Judicial LiaisonTexas Judicial Liaison

Texas Center for the JudiciaryTexas Center for the Judiciary

(800) 252-9232(800) 252-9232

mobile- (254) 744-1115mobile- (254) 744-1115

dhodges@yourhonor.comdhodges@yourhonor.com