Quote:
Originally Posted by KSig RC
a.) not create an unnecessarily punitive scenario for all offenders, with no distinction between levels of danger
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I can't speak for all states, because I only have experience in IL...but my parents had DUI counseling at their office, and there is a system that distinguishes "levels of danger". When you present yourself to the DUI counselor, they put your info into a state program, and you are classified as "Level 1 - Low Risk", "Level 2 - Moderate Risk", "Level 2 - Significant Risk", and "Level 3 - High Risk". The computer program takes all the data, such as BAC at time of arrest, priors, drinking history, drinking frequency, etc (after your 2nd offense, you must have a witness to corroborate your drinking history, they don't take your word for it anymore) and classifies the offender, but the counselor has some "wiggle room" to move the person if they think the state's program doesn't accurately classify the offender. Based on their level, they are assigned a treatment program, and also, that goes into the judge's final decision. In that way, not all offenders are treated equally.
PS...if you are in IL, NEVER EVER refuse the BAC test, it automatically puts you at a Level 2 - Sig Risk...and you're not going to get out of it. In IL, refusal = guilty.