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maine - DUI Intervention Program Website

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					       NATIONAL ORGANIZATION OF STATE IMPAIRED DRIVING PROGRAMS
                           QUESTIONNAIRE


State: MAINE

Contact Persons:

1.     DUI Offender Program(s)

       Name:          Susan Hilyard Long, Program Manager
                      Driver Education and Evaluation Programs (DEEP)

       Address:       Maine Department of Behavioral and Developmental Services
                      Office of Substance Abuse
                      AMHI Complex
                      Marquardt Building, 3rd Floor
                      159 State House Station
                      Augusta, ME 04333-0159

       Telephone #: 207-287-6400 (public access)

       Fax#:          207-287-3903

       Email:         susan.long@state.me.us

       Web Address:

Is the contact person for DUI reciprocal agreement program information (interstate transfers) the
same as the DUI Offender Contact Person listed above? If not, please indicate the contact’s
name, address and phone number.

       Name:          Katherine L. Hamlin, Case Management Specialist
                      Driver Education and Evaluation Programs (DEEP)

       Address:       Maine Department of Behavioral and Developmental Services
                      Office of Substance Abuse
                      AMHI Complex
                      Marquardt Building, 3rd Floor
                      159 State House Station
                      Augusta, ME 04333-0159

       Telephone #: 207-287-6413 (direct line)

       Fax#:          207-287-4334
                                              176
       Email:

       Web Address:

2.     Driver License Revocation and Suspension Program

       Name:          Robert O'Connell, Jr., Director

       Address:       Licensing & Control, Bureau of Motor Vehicles
                      State House Station #29
                      Augusta, ME 04333

       Telephone #: 207-624-9000

       Fax#:

       Email:

       Web Address:

Is the address where offenders mail paperwork for license reinstatement the same as the driver
License Revocation and Suspension Program Contact Person’s address listed on page one?

       Driver license paperwork should go to address in number 2.

3.     State Alcohol and Drug Abuse Authority

       Name:          Kimberly A. Johnson, Executive Director
                      William F. Lowenstein, III, Associate Director

       Address:       Maine Department of Behavioral and Developmental Services s
                      Office of Substance Abuse
                      AMHI Complex
                      Marquardt Building, 3rd Floor
                      159 State House Station
                      Augusta, ME 04333-0159

       Telephone #: 207-287-2595

       Fax#:

       Email:

       Web Address:
                                              177
4.    NHTSA Representative

      Name:           Richard Perkins, Director

      Address:        Bureau of Safety
                      State House Station #42
                      Augusta, ME 04333

      Telephone #: 207-582-8776

      Fax#:

      Email:

      Web Address:

I.    DUI Offender Program Mandate

      A.       Under what authority does your state's DUI Offender Program operate?

               Legislative statute.

      B.       Who exercises this authority?

               Legislative/Governor/Secretary of State.


II.   DUI Offender Program Management

      A.       Who typically administers the DUI Offender Program at the local level?

               A contractor determined by RFP employs instructors and runs the on-site OUI
               (Operating Under the Influence) programs, with oversight from the Driver
               Education and Evaluation Programs (DEEP) and the Office of Substance Abuse.
               The contractors are a combination of for-profits and non-profit organizations.

      B.       What services (education, detoxification, treatment, etc.) are typically provided
               by the DUI provider? What statewide curriculum do you use?

               Evaluation and treatment services.

      C.       What is the typical length of services offered by the DUI provider?
               1) Length of juvenile/youth curriculum:
               2) Length of first offender curriculum:
                                               178
     3) Length of multiple offender curriculum:
     4) Does your state require classroom education for multiples?
     5) Other services: According to stage of dependency. DEEP publishes a
        "Completion of Treatment Guidelines" which contains recommendations of
        modality and length of treatment according to phase of diagnosis.

D.   Approximate cost per client, please list.
     1) Education for 1st offender:
     2) Education for multiple offender:
     3) Evaluation/Assessment: Adult First Offenders Assessment $105
     4) Fees to state office that provides oversight:
     Other: DEEP-Teen (under 21 years of age) $150 and Weekend Intervention
            Program $425.

E.   How are quality services assured? Please describe briefly.

     DUI offender programs are centrally controlled with Central office monitoring of
     education, preliminary assessment and evaluation. Treatment is provided by
     referral to community based service providers who are approved and certified by
     the Office of Substance Abuse.

     1.     Credentialing

            (a)    Who is responsible for credentialing/certifying DUI Programs?

                   Evaluation & Treatment - Office of Substance Abuse.

            (b)    Who is responsible for credentialing DUI program staff?

                   DEEP contract staff meet regulated qualifications of the Office of
                   Substance Abuse.

     2.     Standards of Program Operation

            (a)    Who sets and monitors standards?

                   Driver Education and Evaluation Programs (DEEP) with
                   legislative oversight.

            (b)    If there are not any standards, what guidelines are generally
                   followed?

                   N/A.

     3.     Training of Direct Service Providers (i.e. instructors and evaluators)
                                    179
                    (a)     How are training needs assessed for those individuals dealing with
                            DUI clients?

                            Training needs are determined through a needs assessment process
                            and input from licensing/monitoring and DEEP staff.

                    (b)     What types of training are offered?

                            Whatever is determined to be needed.

                    (c)     Who conducts training?

                            Program specific training is accomplished through DEEP staff.
                            General training is accomplished through a contract with a training
                            coordinator through the Office of Substance Abuse. A Request for
                            Proposal process is used to solicit training instructors.

             4.     Do you publish periodic or annual reports?

                    No.

       F.    How is the DUI Offender Program supported?

             State:______Percent                   Federal:______Percent
             Client Fees: 100 Percent       Other:    Percent
             1.      Is this support adequate?

                    Yes


       G.    List any studies that have been completed within the past five years on your
             program's effectiveness.

             None completed.


III.   DUI Offender Management

       A.    Are there any criteria for clients entering the program?

             First offender under 21 years of age is referred to 10-hour "Moving Ahead"
             educational program with preliminary assessment component, and may be
             referred to evaluation and/or treatment services. Adult first offenders with an
             OUI without aggravating factors go through 2-hour Assessment Program. Adult
                                             180
     first offenders with an OUI with aggravating factors (refusal or BAC of .15 or
     higher) and all multiple offenders go through a Weekend Intervention Program
     (evaluation) and may be referred for treatment services.

     After July 1, 2001: all adult offenders will take a 20 hour educational program
     with a preliminary assessment component, and may be referred to evaluation
     and/or treatment services. Underage offender program will not change.

B.   Are there any incentives for entering the program?

     Licenses are not restored without program completion. Special license for 180
     days is given to first offenders when referred for evaluation or treatment and
     suspension time has been served.

C.   Is there any use of presentence screening?

     Not by this program.

D.   Are clients assessed or evaluated for alcohol and drug problems and/or other
     indications of public safety risk?

     Yes. First offender under 21 goes through preliminary assessment
     evaluation/treatment. Adult first offenders with an OUI without aggravating
     factors go through Assessment/Recommendation. Adult first offenders with an
     OUI with aggravated factors/multiple offenders go through evaluation/treatment.

     After July 1, 2001: all adult offenders will take a 20 hour educational program
     with a preliminary assessment component, and may be referred to evaluation
     and/or treatment services.

E.   Does your evaluation process consist:

     Face-to-face interview:      Yes.

     Objective tests:     The Substance Abuse Live Circumstance Evaluation
     (SALCE) is currently used for adult first offenders as a preliminary assessment
     with a recommendation, but no referral

     The Juvenile Alcohol Substance Abuse Evaluation (JASAE) is used for those
     under 21 years of age with referral for evaluation if score is 14 or higher.

     After July 1, 2001, all adult offenders will take NEEDS preliminary assessment
     instrument and may be referred to evaluation post program if high score.

     Specific Paperwork: Yes
                                    181
F.   Do you have criteria for referral to treatment? If so, what are the criteria?

     Yes. Counselor determines need for treatment through 2 to 4 session evaluation
     process.

G.   Briefly describe any case management* procedures used while the client is in
     your program.

     Clients are free to contact DEEP for any assistance needed to satisfy program
     requirements. Clients cases are managed centrally with referral to community-
     based service providers.

     *Case management is defined here as an administrative function to ensure the
     coordination of client services and needs and the continuity of care with other
     community services. The ultimate goal is to ensure appropriate planning and
     treatment assignments.

H.   Is a completion determination made?

     Yes.

I.   Who makes the determination?

     A recommendation is made by the community-based service provider, the final
     decision is made by DEEP. Secretary of State makes final determination of driver
     license reinstatement.

J.   What criteria is used for determining completion status?

     Statute.

K.   What are the benefits of a successful completion?

     Ultimately license restoration by Secretary of State.

L.   What are the consequences of an unsuccessful completion.

     of the program:        License will not be restored until DEEP requirements are
                            complete.

     of treatment:          Same.

M.   What kind of client records are kept?

                                     182
     Complete client record is kept by DEEP. Community-based service provider
     keeps evaluation and/or treatment case record.

N.   What are the treatment program selection criteria for the client? How is a
     treatment provider chosen by the client?

     Client is allowed to select his/her own treatment provider from a list of statewide
     agencies, private providers and programs that have been approved and certified
     by the Office of Substance Abuse.

O.   What is the focus of treatment provided?

     As determined by the treatment assessment.

P.   Are individualized treatment plans required? If yes, please define.

     Yes.

     Treatment plans shall consist of (Regulations) short/long term goals, progress
     notes, referral for any additional needed services, discharge planning and
     summary, an aftercare plan and any other pertinent information concerning the
     client's treatment experience.

Q.   How are treatment agencies licensed and by whom?

     Treatment programs and private providers are certified, licensed and monitored
     according to established regulations by the Office of Substance Abuse.

R.   Does the DUI system require programs to use only licensed providers?

     Yes.

S.   What is the average length of treatment and the cost?
     1) Is it required for first and multiples?
     2) Statutory Minimums
     3) Other minimums:
     4) Typical number of hours: Averages to 12 sessions.
     5) Length of time to provide hours:
     6) Cost of treatment: Cost averages $75 per session.

T.   What are your state's referral rates to treatment for first time offenders as made by
     the DUI programs?

     33% of underage and 50% of adult offenders are referred to treatment.

                                     183
U.   What are the lengths of your state’s driver license suspension/revocation for each
     of the following offenses?

     First DUI Offense:    90 days**

     Second DUI Offense: 18 months**

     Third DUI Offense: 4 years**

     Fourth DUI Offense: 6 years**

     Other DUI Offenses (specify): Implied Consent (Refusal of test) First - 275
     days*, second – 18 months*. Teen refusals = 18 months for the first, 30 months
     for 2nd and subsequent refusals. Teens (under 21 years of age) zero tolerance -
     One year for the first DUI offense and 2 years for the second.

     Comments:
     *If convicted for OUI this time is added to the suspension time.
     **An additional 275 days is added if there was a passenger under 21 years of age
     in the vehicle at the time of the offense.
     ***An additional 180 days is added if there was a passenger under 21 years of
     age in the vehicle at the time of the offense.

V.   Describe any other sanctions imposed on the DUI offender related to vehicle
     impoundment, monitoring devices and or interlock devices. (Examples of devices
     are ignition interlock, ankle bracelet with portable tracking, home based random
     breath video identification system, and remote alcohol testing with voice
     recognition.)


     The Maine Bureau of Motor Vehicle has implemented a new law, 29-A MRSA
     s.2507, that allows 2nd and subsequent OUI offenders to petition BMV for early
     restoration from license suspension restricted to operating only those vehicles
     with an approved ignition interlock device installed. Drivers must serve a
     minimum period of suspension and provide auto liability insurance in very high
     limits.

     Maine’s Interlock Program is currently in suspension because we no longer have
     an approved manufacturer/installer of the device business in Maine.

W.   What are your latest numbers that reflect
     1) How many individuals were arrested for their first DUI offense:
     2) How many individuals were convicted of their first DUI offense:
     3) How many repeat DUI offenders were arrested:
     4) How many repeat DUI offenders were convicted:
                                    184
IV.   Out-of-State DUI Offenders

      A.    What are the DUI program completion requirements (Education and/or
            Treatment) for licensees of your state who receive a DUI, then move to another
            state?

            First DUI Offense:     See comments below.

            Second DUI Offense: See comments below.

            Third DUI Offense:     See comments below.

            Other Offenses (specify): No response provided.

            Comments: Out of state OUI offenders must, by regulation, satisfy the
            requirements of the state where they reside. Multiple offenders and first offenders
            with an OUI with aggravating factors must receive an evaluation. If treatment is
            recommended, it must be completed.

      B.    What are your state’s requirements for individuals who are licensed in another
            state but receive a DUI in your state?

            Residents of your state:      Same as in resident OUI.

            Non-residents (travelers):    Same as in resident OUI.

            List any special restrictions or comments: If a State of Maine resident works,
            attends school or is a member of the military in another state, they must
            participate in a program compatible with the requirements of the state of Maine.

      C.    What are your state’s requirements for individuals who are licensed in another
            state, receive a DUI in that state, move to your state and want to complete your
            DUI program?

            The other state is contacted to determine their requirements. The offender is
            required to complete a program that satisfies both states.

      D.    What are the sanctions for having a DUI conviction outside of your home state?

            License suspension that is compatible with State of Maine law.


V.    DUI Countermeasures and States Responsible Authority

                                           185
       A.     Briefly describe the other DUI countermeasures and responsible authority in your
              state. Include public information, education, MADD, enforcement, judicial,
              legislative, driver licensing and program evaluation.

              Youth Prevention - Prevention & Education Division, Office of Prevention/Public
              Awareness - Bureau of Safety; Maine Highway Safety Committee
              Prevention/Intervention - Office of Substance Abuse, D.A.R.E. Program -
              Department of Public Safety; alcohol and other drug awareness through the state
              of Maine driver's examination; Secretary of State DUI Offender Awareness -
              District Courts; Client notification - DEEP.


The above information was compiled by the State of Maine, coordinated and printed by the
Florida Department of Highway Safety and Motor Vehicles, Bureau of Driver Education and
DUI Programs.




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