Traffic Safety Facts

Traffic Tech – Technology Transfer Series

Number 342 March 2008

U.S. Department of Transportation 1200 New Jersey Avenue SE., Washington, DC 20590

National Highway Traffic Safety Administration

Driving	 while	 impaired	 (DWI)	 offenders	 comprise	 a	

significant	 proportion	 of	 the	 criminal	 justice	 population.	 According	 to	 the	 uniform	 crime	 reporting	 data,	

in	2005	approximately	1.4	million	arrests	occurred	for	

impaired	 driving,	 which	 creates	 an	 enormous	 burden	

on	an	already	overwhelmed	criminal	justice	system.	For	

many	DWI	offenders,	it	is	not	their	first	offense.	Thirtyfour	percent	of	DWI	offenders	in	jail	and	8	percent	on	

probation	reported	three	or	more	arrests	or	convictions.

Since	 its	 beginning,	 probation	 has	 become	 the	 most	

common	 form	 of	 sentencing	 in	 the	 United	 States.	 In	

2005,	 according	 to	 the	 Bureau	 of	 Justice	 Statistics,	

approximately	1	million	offenders	on	probation	were	

sentenced	for	a	drug	law	violation	and	about	600,000	

were	 sentenced	 for	 driving	 while	 intoxicated.	 Of	 the	

offenders	placed	on	probation,	about	50	percent	were	

felons,	 49	 percent	 were	 misdemeanant	 and	 1	 percent	

had	 other	 infractions.	 Of	 all	 the	 offenders	 placed	 on	

probation	in	2005,	26	percent	were	sentenced	for	a	drug	

law	 violation	 and	 15	 percent	 had	 been	 sentenced	 for	

driving	while	impaired	or	intoxicated.

The	vast	majority	of	convicted	impaired	driving	offenders	are	supervised	in	the	community.	In	1997,	the	inclusion	of	89	percent	of	convicted	DWI	offenders	(released	

on	probation,	parole,	or	diversion	programs)	increased	

the	burden	to	community	corrections	agencies	(an	inclusive	term	that	incorporates	probation,	parole,	pretrial	

release	 programs,	 diversion,	 specialized	 courts,	 etc.).	

Agencies	that	provide	supervision	for	DWI	offenders	

in	the	community	require	a	continuum	of	supervision	

options	 to	 achieve	 the	 concurrent	 goals	 of	 rehabilitation,	accountability,	and	public	safety.

Challenges to Community Supervision of 

DWI Offenders

A	 variety	 of	 factors	 complicate	 efforts	 to	 improve	

community	 supervision	 outcomes	 with	 DWI	 offenders.	 Among	 the	 foremost	 challenges	 faced	 by	 judges	

when	sentencing	DWI	offenders	is	underestimating	the	

impact	 of	 repeat	 DWI	 offenders	 and	 those	 with	 high	

blood	alcohol	concentration	of	.15	g/dL	or	more.	DWI	

offenders,	 especially	 misdemeanants	 (compared	 to	

felons),	are	often	released	on	a	minimal	bond	or	without	 pretrial	 supervision.	 In	 addition,	 the	 individual’s	

permanent	driving	record	usually	does	not	document	

diversion	records.	This	process	often	results	in	multiple	

diversion	opportunities	because	authorities	may	incorrectly	consider	the	individual	a	first-time	offender.

Other	challenges	to	the	supervision	of	DWI	offenders	

include	 community	 corrections	 caseloads,	 poly-drug	

use,	offenders	with	various	mental	disorders,	and	the	

diversity	 of	 offenses	 committed	 by	 the	 supervised	

offenders.

Because	 of	 increasing	 caseloads	 and	 reduced	 funding,	many	corrections	agencies	have	forced	probation	

officers	to	provide	less	supervision	for	certain	groups	

of	offenders,	such	as	misdemeanants.	Many	impaired	

driving	 offenders,	 no	 matter	 how	 potentially	 lethal,	

are	classified	as	misdemeanants	and,	therefore,	do	not	

receive	active	supervision.

The	offenders	themselves	can	also	bring	in	more	complicating	factors.	In	1997,	37	percent	of	DWI	offenders	

under	 community	 corrections	 supervision	 exhibited	

indicators	of	past	alcohol	dependence	and	more	than	

half	 had	 participated	 in	 alcohol	 treatment,	 including	

self-help	 programs.	 For	 impaired	 drivers	 with	 addiction	 and	 relapse	 disorders,	 ongoing	 treatment	 is	 an	

important	component	of	their	effective	supervision	in	

the	community.	This	adds	a	special	challenge	to	supervision.	 While	 corrections	 and	 substance	 abuse	 treatment	services	have	many	commonalities,	they	also	may	

have	 many	 differences,	 including	 different	 missions,	

vocabularies,	 and	 practice	 methods.	 Community	 corrections	professionals	must	develop	effective	working	

relationships	with	substance	abuse	treatment	providers	

Guidelines for the Community Supervision of 

Impaired Driving Offenders 
TRAFFIC TECH	is	a	publication	to	disseminate	information	about	

traffic	 safety	 programs,	 including	 evaluations,	 innovative	 programs,	and	new	publications.	Feel	free	to	copy	it	as	you	wish.	If	you	

would	like	to	receive	a	copy,	contact	Patricia	Ellison-Potter,	Ph.D.,	

Editor,	fax	202-366-7096,	e-mail:	traffic.tech@dot.gov.

so	that	they	can	effectively	monitor	and	support	offenders’	involvement	in	treatment.

Added	to	the	complexity	of	all	of	these	other	issues	is	the	

common	occurrence	of	polydrug	use	among	impaired	

driving	offenders	who	combine	alcohol	with	any	number	of	other	(often	illegal)	substances.	Different	treatment	

modalities	are	often	required	for	different	substances	of	

abuse.	It	is	necessary	then,	to	coordinate	multiple	treatment	modalities	for	one	client	or	to	find	one	treatment	

program	that	can	combine	treatment	modalities.	

Finally,	 substance	 abuse	 often	 co-occurs	 with	 mental	

illness	 where	 those	 individuals	 often	 self-medicate	

their	illnesses.	Again,	multiple	treatment	programs	or	

programs	 that	 combine	 substance	 abuse	 and	 mental	

health	treatment	increase	the	tasks	and	skills	required	

to	supervise	these	offenders.

Guidelines for the Community Supervision of 

Impaired Driving Offenders

In	2004,	the	American	Probation	and	Parole	Association	

(APPA)	entered	into	a	cooperative	agreement	with	the	

NHTSA	to	develop	guidelines	for	the	community	supervision	of	DWI	offenders.	The	guidelines	are	intended	to	

provide	a	framework	for	implementing,	developing	and	

operating	effective	programs	for	the	community	supervision	 of	 DWI	 offenders.	 The	 guidelines	 recommend	

strategies	for	achieving	the	best	possible	outcomes.	The	

guidelines	also	provide	a	structure	from	which	to	build	

a	 solid	 approach	 and	 direction	 to	 ensure	 long-term	

traffic	safety	by	reducing	recidivism	through	offender	

behavioral	change.	The	guidelines	provide	descriptive	

strategies,	tools	and	technologies,	and	promising	practices	and	strategies,	including	sample	graduated	sanctions	for	case	management	of	DWI	offenders.

The	principles	in	the	guidelines	focus	on	three	primary	

goals:	1)	public	safety;	2)	offender	accountability;	and	3)	

behavioral	change.	For	each	guideline,	there	is	a	rationale	 provided	 that	 explains	 the	 importance	 of	 each.	

Following	the	rationale,	are	suggested	implementation	

strategies,	which	include	considerations	from	a	policy	

and	practice	perspective	on	how	to	put	the	guideline	in	

1200	New	Jersey	Avenue	SE.,	NTI-130

Washington,	DC	20590

to	action.	Keep	in	mind	the	suggested	implementation	

strategies	are	not	meant	to	be	prescriptive	and	should	

not	be	confused	with	the	guideline	itself;	they	are	merely	

suggestions	no	how	community	supervision	agencies	or	

supervision	officers	can	achieve	the	intent	of	the	guidelines.	The	specific	guidelines	for	the	community	supervision	of	impaired	driving	offenders	follow:

Guidelines for the Community Supervision of 

Impaired Driving Offenders

Guideline 1

Investigate,	collect,	and	report	relevant	and	timely	information	

that	will	aid	in	determining	appropriate	interventions	and	treatment	 needs	 for	 DWI	 offenders	 during	 the	 release,	 sentencing,	

and/or	supervision	phases.

Guideline 2

Develop	 individualized	 case	 or	 supervision	 plans	 that	 outline	

supervision	strategies	and	treatment	services	that	will	hold	DWI	

offenders	accountable	and	promote	behavioral	change.

Guideline 3

Implement	a	supervision	process	for	DWI	offenders	which	balance	supervision	strategies	aimed	at	enforcing	rules	with	those	

designed	to	assist	offenders	in	changing	behavior.

Guideline 4

Where	possible,	develop	partnerships	with	programs,	agencies,	

and	organizations	in	the	community	that	can	enhance	and	support	the	supervision	and	treatment	of	DWI	offenders.

Guideline 5

Supervision	staff	should	receive	training	that	will	enhance	their	

ability	to	work	effectively	with	DWI	offenders.

Guideline 6

Assess	the	effectiveness	of	supervision	practices	on	DWI	offender	

through	both	process	and	outcome	measures.

How to Order

To	 order	 Guidelines for Community Supervision of 

DWI Offenders (14	pages	plus	appendices)	write	to	the	

Office	of	Behavioral	Safety	Research,	NHTSA,	NTI-130,	

1200	New	Jersey	Avenue	SE.,	NTI-130,	Washington,	DC	

20590,	fax	202-366-7096,	or	download	from	www.nhtsa.

dot.gov.	J.	De	Carlo	Ciccel	was	the	Task	Order	manager	

for	this	project.