DUI arrest policy is revised
Butler County court officials and the district attorney's office have revised the county's drunken driving arrest policy in an effort to curb repeat offenders.
“We're trying to get them earlier to prevent them from getting another DUI,” said District Attorney Richard Goldinger.
He said some drunk drivers rack up multiple arrests before the legal process can catch up with long-term ramifications.
“An arrest would not stop them,” Goldinger said. “They're likely to do it again.”
He said the DUI recidivism rate is at least 30 percent.
Under the new policy, anyone charged with a second DUI offense within five years who has a blood-alcohol content level greater than 0.16 percent will be taken before a district judge for preliminary arraignment.
The district judge would set a bond that includes the defendant being placed on pretrial supervision with a SCRAM device, which monitors alcohol consumption.
A SCRAM, Secure Continuous Remote Alcohol Monitoring, bracelet, which is worn on the ankle, can detect any alcohol consumption through the skin.
Goldinger said there are immediate consequences if a defendant drinks alcohol while wearing the SCRAM device.
“Their bond would be revoked, and they go to jail,” he said.
The county already was using SCRAM devices, including the ankle bracelet for pretrial supervision and post-conviction sentences.
Under the previous practice, DUI offenders would be released and charged by court summons.
The new practice started Friday, but there is a grace period for this weekend in case there are questions from law enforcement about the revisions.
The district judges were told Thursday about the new protocol.
Goldinger said the new guidelines not only bring immediate consequences, but also ensure uniform enforcement.
“There was no consistency,” he said.
Police also have the right to take the driver into custody if the arresting officer believes that individual is a danger to himself or the community or if there is refusal to submit to testing.
President Judge Thomas Doerr on Thursday approved the changes upon the recommendation of the county Criminal Justice Advisory Board.
Tom Holman, deputy court administrator, said the court agreed it was necessary to speed up the process to reduce recidivism.
“It's a small percentage of offenders who put the community at risk,” Holman said. “This is an effort to stop their damaging behavior.”
A subcommittee of the county Criminal Justice Advisory Board consisting of two county judges, court administration, Goldinger's office, a district judge, probation staff and representatives from the county Chiefs of Police Association reviewed DUI trends in the county.
“Based on a yearlong study, we estimate this will average about two additional arraignments per week,” Holman said.
