First Time Offender v. Habitual Drunk Driving
Generally, a first time DUI/DWI offender who is offered probation before judgment will be required to take an alcohol education class and attend some sort of alcohol counseling. Most first time offenders just want the experience behind them and usually instruct me to take the plea (even if I advise them that they have a defense). These are the people who are one and done and are by far a majority of the DUI/DWI.
However, there are some people out there who just can not seem to stop driving drunk.
Therer are two problems with habitual drunk drivers. First is the addiction. Once some is addicted to alcohol, recovery is extremely difficult. Unless an alcoholic can get clean, more than likely, the pattern of drunk driving will continue.
The second problem is money. The classes and counseling ordered by the court cost money and this is on top of any fines, court costs and lawyer fees. The alcoholic's finances are usually stretched pretty thin from drinking and can not afford to begin or continue any counseling. So, the habitual drunk driving continues.
Prior to going to court I advise my clients to take some alcohol classes and attend some AA meetings. A judge takes this into consideration (it only comes into evidence if you accept a plea or are found guilty) and usually (but not always) waives some of the fees involved or he may even decline to order counseling if the individual has been extremely proactive.
Habitual Drunk Drivers Not Always Getting Counseling [online] (2005). (Spetmeber 22, 2005).