Because the characteristics of hardcore offenders differ from those of other drinking drivers, so do the sanctions aimed at curbing their dangerous behavior. The vast majority of states treat repeat drunk driving more severely and have statutory provisions for graduated penalties based on number of offenses. In some states, the law specifies increased penalty levels going up to six or more offenses, whereas in others, increased penalties are a single step up from a first offense to second and subsequent. It is therefore not surprising that the most common means of identifying hardcore offenders is by repeat offense. The fact that a person has been convicted multiple times with increasing sanctions and rehabilitation requirements is a strong indicator of hardcore behavior repeatedly driving drunk and being highly resistant to change.
States differ, however, as to how long they maintain records on repeat offenses.
The length of time or look back period that offenses remain on a driver s record is a key issue in identifying hardcore drunk drivers. Research reveals a wide disparity among the states concerning the period of time a judge or administrator may consider in reviewing an offender s records. States that keep records for a shorter period of time run a greater risk of treating repeat offenders as first-time offenders, possibly leading to inappropriate sanctions and treatment. The severity of the penalty increases with BAC, and sanctions are the most severe for multiple offenders. The system recognizes that drivers with high BACs warrant stiffer sanctions because they are more dangerous on the highway and may also be more likely to repeat the behavior.