Sobriety Court Would Allow DUI Cases to Drive in 45 Days with Auto Shutoff
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Breath alcohol ignition interlock devices are now available on Toyota cars and other models.
Convicted drunk drivers have been "growing" their way out of difficulty in Waterford Township, Oakland County.
The Sobriety Court of the township's 51st District Court is an alternative response to managing defendants convicted of drinking and driving offenses.
Chief Judge Phyllis C. McMillen implemented the 51st District Court's Sobriety Court in February of 2001 and is passionate in her advocacy of the program. She is a faculty member of the National Drug Court Institute and frequently lectures on behalf of the Michigan Judicial Institute.
The mission of Sobriety Court is to reduce the incidence of drunk driving by promoting recovery of offenders charged with drinking and driving offenses. Now the state of Michigan is considering adopting the Sobriety Court concept, with added functions, in a bill passed on a 34-3 vote this week by the Senate.
Under the bills, courts could pilot a procedure to issue restricted driver's licenses to persons convicted of multiple "driving while impaired" offenses if they agreed to install equipment that automatically stops their vehicle from running if they have been drinking.
Senate bills 794 and 795 would create a three-year pilot that would allow those participating in the sobriety courts, related to drug treatment courts, to get a restricted license after a 45-day suspension.
One of the restrictions on the license is the requirement for installation of a breath alcohol interlock device in the car. The interlock device keeps the car from starting, or shuts it off, if the driver tests positive for alcohol through the breathalyzer function in the car.
Defendants may enter the Waterford Sobriety Court program after pleading guilty to drunk driving offenses. The Probation staff screens the defendants and assigns them to a specific phase in the program based on individual needs. In most cases, defendants are sentenced to various treatment and community service programs in lieu of jail time.
Offenders who enter the program receive intensified judicial and probationary supervision and are subject to close monitoring of their sobriety.
They are ordered to random or daily alcohol and drug testing based on their level of addiction and program compliance. By establishing close relationships with treatment providers, the Sobriety Court team is able to ensure appropriate treatment of all offenders and to incorporate a broad spectrum of care.
Non-compliant defendants are subject to various sanctions up to and including jail. Community service, such as working in the garden at Hess Hathaway Farm, is frequently used as an intermediate sanction.
In the first few years of the program the township court reported 1,007 successful completions. During the same period, defendants submitted to to a total of 51,884 drug or alcohol tests. Of the tests administered, 5,268 were positive and 46,616 were negative.
Aggressive and continuous testing is one of the most effective methods for promoting and monitoring sobriety, according to court officials.
Through a coordinated response to offenders dependent on alcohol and other drugs, dependency and abuse is reduced, and the incidence of subsequent offenses is reduced. Some defendants are required to submit to daily testing.
Probation officers complete a thorough drug and alcohol assessment on all defendants prior to sentencing. The Judge and Probation staff work closely with treatment program supervisors.
Phyllis C. McMillen, Chief Judge, is a graduate of Michigan State University and the University of Detroit Law School. She practiced law for 18 years and was a partner in the law firm of Schmidt, Isgrigg and McMillen prior to taking the bench in 1995.
Richard D. Kuhn, Jr., Chief Judge Pro Tempore, is a graduate of Waterford Kettering High School, Oakland University and the Detroit College of Law. Prior to being elected to the Waterford bench in 2002, Judge Kuhn was a practicing attorney for 13 years. He represented Waterford Township on the Oakland County Board of Commissioners from 1983 to 1990. Judge Kuhn is a member of the Waterford Chamber of Commerce and is currently vice-chair of the Waterford Coalition for Youth. For more information please see: www.twp.waterford.mi.us/court/
The Ignition Interlock Device is a drunk driving prevention mechanism. The device is a breath test device that is installed in automobiles. The Interlock Device is a handheld unit that is installed directly into the ignition system of the automobile. The Ignition Interlock Device is calibrated to detect a fixed breath alcohol level.
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