The problem of DWI recidivism
DWI recidivism is defined as a person’s relapse into driving under the influence of impairing substances, often after the person has undergone sanctions for that same crime. The number of subsequent DWI arrests or convictions and failed attempts to monitor an individual during a pre-set amount of time are all indicators of recidivism (NIJ, 2008).
Desistance – a state in which a person no longer reoffends for the same crime – is the reason for implementing sanctions and interventions. Sadly, DWI recidivism is a prevalent problem in Texas. The National Highway Traffic Safety Administration (NHTSA) reports that Texas’ rate of DWI recidivism rate is higher than the national average (Warren-Kigenyi & Coleman, 2014).
But how do we measure recidivism? In Texas, factors such as the look-back period for subsequent arrests, prosecutorial and judicial conduct, probation departments programming, and treatment interventions influence the measurement of DWI recidivism rates.
The Complexity of the DWI Driver Profile
Contributing to high recidivism rates among impaired drivers include the complex needs of the offender, effectiveness of legal sanctions, quality of treatment interventions, and the level of coordination among the criminal justice system and mental health community.
Research uncovers that repeat DWI drivers have more fixated thoughts about alcohol and show signs of intense attention deficits when compared to individuals who have never committed a drinking and driving offense (Miller & Fillmore, 2014). Repeat offenders also suffer from psychological stressors such as underplaying emotions, suffering from alcohol disorders (Roma et al., 2019), making poor lifestyle decisions (Cavaiola, Strohmetz, & Abreo, 2007), and display symptoms of hostility towards authority and family, and often have marital problems (Stoduto et al., 2008).
The traditional way to address the DWI offender is to impose legal sanctions such as alcohol ignition interlocks, alcohol, and drug monitoring, vehicle and license sanctions, and advocate for lower blood alcohol concentration (BAC) laws. However, research suggests that repeat DWI offenders need additional assistance beyond these common interventions (Richard et al., 2018; Miller & Fillmore, 2014; Freeman et al., 2005).
The Need for a Holistic Approach to Combat DWI Recidivism
Ultimately, a system is needed to properly assess the level of intervention necessary based on an individual’s need. While common interventions address an immediate need to get DWI offenders off the streets and under supervision directly after the arrest, an individualized approach can help pinpoint and target underlying issues of the offender. Using a multi-disciplinary approach from the criminal justice continuum and external treatment partners will give offenders the best chance of desistance from impaired driving. Each offender is different, so individual assessments will help the courts administer the appropriate level of intervention.
The Substance Abuse and Mental Health (SAMSHA) organization emphasizes that
“The purpose of matching offenders to different levels of supervision is based on an understanding of the offenders’ needs and how meeting these needs will enhance outcomes. For instance, high-risk offenders have multiple criminogenic needs (e.g., substance use, antisocial beliefs and values, education, employment) that require frequent and ongoing supervision specifically tailored to these needs, to the risk for relapse, and to the level of social and occupational functioning. In addition to involvement in mental health treatment and specialized dual disorders treatment, high-risk offenders who have CODs should be encouraged to engage in prosocial activities, cognitive restructuring related to criminal thinking, educational and vocational training programs, and family and social support services.” (SAMHSA, 2019 pg. 42)
The State needs to develop a joint effort of the criminal justice system, the mental health community, and community-based interventions to prevent impaired driving recidivism and provide the necessary services to the DWI offender (Andrews & Bonta, 2016). However, collaboration among these sectors is lacking (Epperson et al., 2014; Lamberti, 2016). To achieve significant reductions in vehicular crimes caused by impaired driving fatal crashes, criminal justice stakeholders need to consider sentencing and monitoring practices that include holistic treatment services that impaired driving offenders need.
Evidence-Based Sentencing Practices
Theoretical Framework of Criminal Conduct
Criminal justice stakeholders are instrumental in reducing DWI recidivism in the State. Most treatment services offered to DWI offenders in Texas are ordered through criminal justice referrals to treatment. Stakeholders must be aware of evidence-based sentencing practices to help change future impaired driving behavior in recovering DWI offenders (Maxwell, n.d.).
Dr. James Bonta and Dr. Donald Andrews are pioneers in developing evidence-based theories and models about criminal behavior. Their research model, used by the National Center for State Courts, provides empirical evidence into the likelihood of an individual recidivating.
Andrews and Bonta (2010) acknowledge that criminal behavior can vary depending on the individual’s cost-benefit analysis of choosing between criminal or noncriminal actions. Their work adds depth to previous criminological theories by developing the General Personality and Cognitive Social Learning (GPCSL) perspective, which reflects upon the “psycho-social-biological factors that influence and maintain criminal behavior.” This perspective theorizes that people’s static factors do not necessarily relate to criminality. Examples of static factors include family, ability, temperament, values, gender, age, and ethnicity. Instead, it is people’s dynamic factors, which are changeable elements associated with the term criminogenic needs, that are more likely to lead to criminal behavior. These criminogenic needs are classified into Andrews’ and Bonta’s Central Eight Risk/Need Factors. They include an individual’s:
- Criminal history
- Procriminal attitudes
- Procriminal associates
- Antisocial personality patterns
- Family/ Marital issues
- School/Work issues
- Substance Abuse issues
- Leisure/Recreation involvement
As these criminogenic factors play a significant role in recidivism, the criminal justice system needs to take proactive steps to identify them. These steps will aid in pinpointing treatment practices individualized to the offender to give them the best chance at rehabilitation. To help identify the correct individualized approach, Andrews & Bonta developed three core. These three principles have increased in popularity over the years and are commonly known as the Risk Needs Responsivity (RNR) model:
- The Risk Principle – Criminal behavior can be predicted. This principle also points to tailoring treatment plans based on the risk level of offenders.
- The Needs Principle – Offenders have a variety of static and dynamic (criminogenic) factors, but focusing on improving criminogenic needs leads to more successful treatment outcomes.
- The Responsivity Principle – Champions the importance of individually tailored intervention practices that account for an individual’s learning styles, strengths, and abilities (Andrews & Bonta, 2010).
Sentencing practices that consider an individual’s RNR levels are a step in the right direction towards reducing DWI recidivism.
Conceptual Model to Reduce Recidivism Among DWI Offenders
Considering the criminology literature, the Council State of Governments (CSG) Justice Center has developed a set of goals that provide a framework to achieve reduced recidivism rates.
Goal 1: To improve the identification of risk/needs of offenders by documenting and promoting the use of validated criminogenic screening and assessment tools of various state jurisdictions
Goal 2: To promote access to treatment and services to offenders by documenting timelessness and availability of services
Goal 3: To foster program effectiveness by encouraging jurisdictions to develop evaluation metrics of services offered to offenders
Goal 4: To strengthen inter-jurisdictional collaboration by promoting the importance of information sharing and coordination of services offered to offenders
The goal of the DWI Treatment and Assistance Service Locator website is to further CSG’s goals of reducing DWI recidivism in the state of Texas. This tool will provide key information to promote public safety and reducing the recidivism of DWI offenders. Navigating through the various tabs, the criminal justice stakeholder will be able to find information on the state’s practices when it comes to reaching the goals listed above.