DWI Court: Trying to lower the odds of a drunk-driving tragedy

A middle-aged businessman stands and turns to a small group of well-wishers to share what finally led him to a full year of sobriety and this quiet celebration. In no uncertain terms, he credits his second DWI arrest as the wake-up call to change his life.

"When I stopped drinking, the first thing I noticed was that I had a better relationship with my kids and my wife," he says. "But the positive change in my financial and professional life has not been lost on me, either."

The man then thanks the staff of County Court at Law 4 for helping him get through a year of intense monitoring and mentoring, instead of just processing him through a criminal justice assembly line. He's part of the first graduating class of Collin County's DWI Court since the Texas Legislature required counties last year to set up the stringent program in an effort to curb the numbers of repeat offenders who drive while impaired by alcohol or drugs.

Despite its official beginning here last year, Judge Ray Wheless and his court staff have been using a team approach with DWI and drug offenders for almost three years. In that time, 52 people have successfully passed the stringent program with the simple theme: get offenders personalized help to keep from getting another DWI or drug charge.

"For all of these people, that third DWI charge is a felony," says Judge Wheless. "And for the folks that don't get help soon, it's just a matter of time before it happens again. All we're trying to do here is to prevent a third charge and lower the odds of a future tragedy on our roads."

The voluntary, post-conviction program brings close monitoring of probationers to make sure they remain sober for a year, including random urinalysis testing and regular, one-on-one contact with the judge and the probation officer.

"We keep them under a hectic schedule of contact with someone or some thing connected to this program -- by phone, in court, in treatment or with home visits," says Martie Arnold, probation officer for DWI Court.

Beyond face-time with court staff, probationers are also required to install alcohol detection devices on their cars' ignition systems. Some are ordered to wear monitors that can detect alcohol usage through their skin. Participants are also linked up with treatment providers, sponsors and counselors, while the judge wields the power of being able to react quickly to those who don't tow the program's line.

Major slip-ups can mean jail time - from days to weeks - that could also extend their time in the program or their probation. And when it becomes clear a probationer isn't working the program, the judge can simply revoke a probationary period at any time. So far, fewer than one in four probationers here have failed or had their probation revoked in the last three years, while some are in year two of their fight to stay sober.

Studies done in Michigan and Nevada show that DWI Court is worth the added effort, however: In Michigan, DWI probationers who didn't have court supervised treatment were six times more likely to get busted again; in Clark County, Nevada, only 12 percent of the program graduates in the last eight years had a repeat drunk driving charge within three years of their graduation.

Collin County's DWI Court appears to be steadily building steam along the same lines: 5 graduated in March, 13 more are set to graduate in April, and another group of 14 are on track for June. Currently, about 85 men and women are working the program.

Incentives for offenders include probated fines and jail sentences, plus waivers on community service requirements - if they remain drug- and alcohol-free. When their drivers licenses get suspended and insurance cancelled, a new state law allows Judge Wheless to issue orders for an occupational drivers license. But unlike a deferred adjudication program that allows dismissal of charges if probation is completed successfully, the DWI convictions don't go away over time.

As time goes on, courtroom sessions change from once-a-week to once-a-month, where the staff goes over each offender's progress individually. Discussions on how each person is progressing are conducted in front of the group and cover who's having trouble, who's violated their probation and what it's going to take to keep them sober until the next session.

For more on drug courts, visit the National Association of Drug Court Professionals website.

* For more details, check out the facts on DWI penalties.

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