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NATIONAL ORGANIZATION OF STATE IMPAIRED DRIVING PROGRAMS
QUESTIONNAIRE
State: ALABAMA
Contact Persons:
1. DUI Offender Program(s)
Name: Elizabeth Upshaw, State Coordinator of Court Referral Programs
Address: Alabama Administrative Office of Courts
300 Dexter Avenue
Montgomery, Alabama 36104
Telephone #: 334-242-0831 or 1-800-821-1371
Fax #: 334-242-2099 or 334-353-5410
Email: beth.upshaw@alacourt.state.al.us
Web Address: www.state.al.us/2k1/
Is the contact person for DUI reciprocal agreement program information (interstate transfers) the
same as the DUI Offender Program Contact Person listed above? If so, indicate same. If not,
please indicate the contact’s name, address and phone number:
Same.
2. Driver License Revocation and Suspension Program
Name: Roscoe Howell
Address: Division of Drivers Licensing
Alabama Dept. of Public Safety
500 Dexter Avenue
P. O. Box 1471
Montgomery, Alabama 36104
Telephone #: 334-242-3998
Fax #: 334-353-8477
Email: rhowell@dps.state.al.us
Web Address: www.state.al.us/2k1/
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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 above? If yes,
indicate same. If not, please indicate the address:
Same.
3. State Alcohol and Drug Abuse Authority
Name: Kent Pollingue
Address: Alabama Dept. of Mental Health/Mental Retardation
P. O. Box 301410
Montgomery, Alabama 36109
Telephone #: 334-242-3961
Email:
Web Address:
4: NHTSA Representative
Name: Milton Saffold, Program Manager
Address: Alabama Dept. of Economic & Community Affairs
Attn: Law Enforcement/Traffic Safety Division
P. O. Box 5690
Montgomery, Alabama 36103-5690
Telephone #: 334-242-5897
Email:
Web Address:
I. DUI Offender Program Mandate
A. Under what authority does your state's DUI Offender Program operate?
Code of Alabama, 1975 (Section 32-5A-191)-DUI Law
Code of Alabama, 1975 (Section 12-23-1-19)-Mandatory Treatment Act
B. Who exercises this authority?
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Alabama Administrative Office of Courts.
II. DUI Offender Program Management
A. Who typically administers the DUI Offender Program at the local level?
27 public, non-profit agencies certified by AOC to conduct the Level I, Level
II, and Youth and Juvenile Programs.
B. What services (education, detoxification, treatment, etc.) are typically provided
by the DUI provider? What statewide curriculum do you use?
Level I Education, Level II Education, Juvenile and Youth Program;
approximately one-third of our providers also have intensive Outpatient
Treatment or Residential Treatment Services. Curriculum developed by
Responsible Driving Incorporated (RDI).
C. What is the typical length of services offered by the DUI provider?
1) Length of Juvenile/Youth Curriculum: Juvenile and youth – 12 hours
2) Length of first offender curriculum: Level 1 -- 12 hours
3) Length of multiple offender curriculum: Level 11-- 28 hours, plus
monitoring as directed by the court. Treatment services vary in length
depending on the type treatment & program. Includes 4 hours of self-help.
4) Does your state require classroom education for multiples: Yes
5) Other services:
D. Approximate cost per client, please list.
a) Education for 1st offender: $115.00-Level I
b) Education for multiple offender: $250.00-Level II
c) Evaluation/assessment: $50.00 $20.00-per monitoring session
c) Fees to state office that provides oversight:
d) Other: Juvenile & Youth is $115
E. How are quality services assured? Please describe briefly.
Programs are certified for two-year periods after meeting minimum standards
required by AOC through statewide policies and procedures. On-site evaluations
of programs and instructors are conducted to insure that standards are met.
Monthly reports and annual audits are also required. AOC staff conduct site visits
and random inspections, as needed.
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1. Credentialing
(a) Who is responsible for credentialing/certifying DUI Programs?
Alabama Administrative Office of Courts.
(b) Who is responsible for credentialing DUI program staff?
Alabama Administrative Office of Courts.
2. Standards of Program Operation
(a) Who sets and monitors standards?
AOC sets and monitors standards. However, we review policy &
procedure revisions with Program Directors and have committees
providing feedback prior to implementation.
(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)
(a) How are training needs assessed for those individuals dealing with
DUI clients?
The Education Committee composed of directors, instructors and
CROs meet regularly to revise current certification programs and
to develop agendas for in-service training.
(b) What types of training are offered?
On-site technical Certification of Level I & Level II Instructors;
New CRO & Instructor Orientation Programs, Certification of
CROs; Annual In-Service Training for all Court Referral Program
(CRP) Personnel; Annual Assessment Instrument Training.
(c) Who conducts training?
AOC staff or consultants provide the training for AOC sponsored
training programs. State and national speakers provide training as
needed in these events as well as for the others listed.
4. Do you publish periodic or annual reports?
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Yes. An annual summary of Court Referral Program activity is included
in the AOC Annual Report. We also provide a summary of this
information for each local program.
F. How is the DUI Offender Program supported?
State: Percent -AOC Admin. 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.
Study by Troy State University completed in 2000.
III. DUI Offender Management
A. Are there any criteria for clients entering the program?
Defendants are assessed by Court Referral Officers (CRO) using the AOC
Operational Screening Criteria and referred to the most appropriate service to
assist them. Treatment referrals are made to a certified treatment assessor through
DMH/MR.
B. Are there any incentives for entering the program?
Defendants are required by Law (the Mandatory Treatment Act and partially
through the DUI law) to complete an education or treatment program assigned by
the CRO. Judges sometimes have a suspended jail sentence or reduction in fines
for completion.
C. Is there any use of presentence screening?
Yes. Dependent upon the needs of the court.
D. Are clients assessed or evaluated for alcohol and drug problems and/or other
indications of public safety risk?
Yes.
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E. Does your evaluation process consist of:
Face-to-face interview: Yes.
Objective Tests: Yes. Driver Risk Inventory (DRI), Substance Abuse
Questionnaire, DRI Juveniele Test. We also recognize the SALCE, Alcohol and
Drug Assessment Questionnaire (developed by DMH/MR), and the Mortimer-
Filkins Testing Instrument.
Specific Paperwork: Yes. Developed by DMH/MR, including all necessary
information in clinical files.
F. Do you have criteria for referral to treatment?
Yes.
If so, what are the criteria?
DMH/MR assesses using the DSM-IV.
G. Briefly describe any case management* procedures used while the client is in
your program.
Case Management Plans are developed for every defendant at the time of the
evaluation. Goals and methods of accomplishment are established and discussed.
Monitoring is established to check for compliance.
*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?
CRO regularly monitors for compliance. A termination report is completed on
every defendant outlining details of completion or failure thereto.
J. What criteria is used for determining completion status?
Defendants must complete all goals established by the Case Management Plan
and provide proof of attendance, participation, etc., to the courts satisfaction.
Random drug screens are also utilized. CROs will invoke "graduated sanctions"
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to elevate the defendant who fails at one level in an attempt to help him succeed.
If the defendant fails several times, he is returned to court.
K. What are the benefits of a successful completion?
Compliance with court orders so that they will not be returned to court and
possibly to jail. Some judges are also willing to reduce fines or other punishment
if they successfully complete.
L. What are the consequences of an unsuccessful completion.......
of the program: Arrest for contempt of court or probation violation.
of treatment: Possible arrest and incarceration.
M. What kind of client records are kept?
Complete files from intake information, referral forms, case management forms,
drug tests, proof of completion of assigned programs, evaluation forms and any
additional information the CRO obtains. We obtain a "Release of Information"
form and also have payment information in the file. Programs are required to
keep these records for 5 years.
N. What are the treatment program selection criteria for the client? How is a
treatment provider chosen by the client?
O. What is the focus of treatment provided?
Treatment is begun at the least restrictive model and graduated if the defendant
fails at the lower level. Generally, they start at intensive outpatient and move up,
however, if needed, they can go to a residential facility and then be placed in IOP
later.
P. Are individualized treatment plans required?
Yes. DMH/MR requires the establishment of goals and methods of
accomplishment for every client in conjunction with their standards for treatment.
Q. How are treatment agencies licensed and by whom?
Through on-site evaluation by the Dept. of Mental Health/Mental Retardation,
Division of Substance Abuse.
R. Does the DUI system require programs to use only licensed providers?
Yes.
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S. What are the treatment requirements? ( See Department of Mental Health for
Treatment questions/issues.
1) Is it required for first offenders and multiples?
2) Statutory minimums?
3) Other minimums?
4) Typical # of hours?
5) Length of time to provide hours?
6) Cost of treatment?
T. What are your state's referral rates to treatment for first time offenders as made by
the DUI programs?
We refer approximately 22% of all offenders to treatment.
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: 1 year.
Third DUI Offense: 3 years.
Other Offenses (specify): 4th DUI conviction: 1-10 years prison (felony).
Comments:
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.)
None of these types of sanctions are imposed on Alabama DUI offenders.
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?
Requested information unavailable
IV. Out-of-State DUI Offenders
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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: Same as all others.
Second DUI Offense: Same as all others.
Third DUI Offense: Same as all others.
Other offenses (specify): Same as all others.
Comments: Alabama will recognize referrals from other states and provide
services for out-of-state licensees or refer to their home state. Local agencies will
verify the court's order and will provide an assessment, if one is not available
($50.00). The defendant will be required to complete the program indicated. See
costs in II, Section C.(2).
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: Alabama will recognize referrals from other states and
provide services for out-of-state licensees or refer to their home state. Local
agencies will verify the court’s order and will provide an assessment, if one is not
available ($50.00). The defendant will be required to complete the program.
Non-residents (travelers): Alabama will accept services from other states that
are compatible with Level I, Level II, certified treatment and evaluation such as
those available in Alabama. These must be conducted by state certified agencies
as in Alabama.
List any special restrictions or comments: No response.
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?
We honor the sending state’s requirements whenever possible.
D. What are the sanctions for having a DUI conviction outside of your home state?
The same sanctions apply as far as license revocation and requirements for an
arrest in Alabama. Defendants pay the same fines, jail time and license
revocation/reinstatement fees.
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V. DUI Countermeasures and States Responsible Authority
A. Briefly describe the other DUI countermeasures and responsible authority in your
state. Include public information and education, MADD, enforcement, judicial,
legislative, driver licensing and program evaluation.
AOC provides information on all alcohol/drug related offenses to the general
public and specific groups through literature, presentations, and co-sponsorship of
public awareness campaigns.
We provide specific training targeting groups such as judges, court clerks,
schools, churches, treatment programs, advocacy groups, and others as requested.
We work with the Governor's Office, Department of Mental Health/Mental
Retardation, Department of Public Safety, Department of Health, University of
Alabama, and others on public awareness and training activities.
The Court Referral Program offers training through the Alabama Judicial College,
both counselor certification boards, and through local court referral agencies. We
also provide information, written and through training, to other states on the entire
court referral program, legislation and other issues affecting DUI offenders.
The above information was compiled by the State of Alabama, coordinated and printed by the
Bureau of Driver Education and DUI Programs, Florida Department of Highway Safety and
Motor Vehicles.
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