The Felony DWI Court Program is administered by the Judicial Supervision & Diversion Programs (JSDP) division of the Second Judicial District Court. Find out more information about JSDP and other court programs.

Introduction

The Second Judicial District’s Felony Repeat Offender DWI Court (DWIC) is a bronze-level state-certified treatment court program and an effective, cost-saving alternative to incarceration. DWIC is a demanding 18 to 24-month program for individuals with multiple DWI convictions. The program operates in a post-conviction model and uses intensive supervision, accountability, and long-term treatment.

The DWI Court Team is a collaboration of criminal justice stakeholders (prosecutors, defense attorneys, probation, law enforcement, and others) along with alcohol and drug treatment professionals.

DWIC requires participants to attend treatment, regular Court appearances, complete drug testing, and regular office check-ins with program staff. The treatment component of the program is comprehensive and is designed to develop self-awareness, realize self-worth, and practice self-discipline. The individual and group counseling sessions include problem identification and alternative solutions.

Mission

Improve individual and community outcomes by providing treatment and accountability for individuals with repeat felony DWI convictions in the Second Judicial District.

Goals

The goals are 1) to promote community well-being and safety by offering a proven solution for New Mexico’s unique struggles with felony DWI offenses; and 2) to provide an alternative to incarceration, reduce the likelihood of recidivism and improve life outcomes for individuals with repeat DWI convictions.

Target Population

The DWIC’s target population is adults (above the age of 18) who reside in Bernalillo County and who have long-term, moderate to severe alcohol (may include those with dual-diagnoses and co-occurring drug) dependency. The offense characteristics include no less than four felony DWI convictions and no more than six prior DWI convictions. Some offenses might include felony convictions up to seven if the prior convictions were greater than ten years old.

Referral Process

  • The DA informs the DWIC Program Manager when someone is being considered for possible referral to the program.
  • The DWIC Program Manager researches the program candidate to determine if they meet the program criteria.
  • A judge may make a direct referral to the DWIC Program Manager and request an immediate assessment of the individual.
  • If the program candidate meets criteria, an Order Setting Conditions of Release (OSCAR) to the DWIC is completed and filed. (All defendants are post-indictment)
  • Upon meeting with DWIC Program staff, the individual is referred to a treatment provider for assessment and treatment planning.

Eligibility

  • Adults residing in Bernalillo County with a minimum of 4 and a maximum of 6 DWI convictions
  • BAC of .16 or higher at the time of arrest
  • Participants must be willing to admit responsibility and plead guilty to the offense
  • Participants must have an identifiable substance abuse problem
  • Participants who have violent or assaultive felony convictions will be evaluated on a case-by-case basis
  • Participants must possess sufficient emotional stability, mental and intellectual capacity to be capable of participation in the program

Ineligibility

  • Individuals with a 7th or greater DWI conviction
  • Individuals convicted of vehicular homicide
  • Refusal to cooperate with screening and assessment procedures, unwillingness to participate in required programming, or abide by program rules
  • Anyone whose mental health or medical issues would prevent them from being able to actively participate in and complete the program
  • Individuals who have pending cases, which may result in a sentence that would interfere with completing the program

Program Completion

Graduation is achieved once the participant successfully completes all assignments and time requirements for each phase of the program. The participant must demonstrate that the aftercare plan is fully and actively being followed. The DWIC Team and the Specialty Court Judge make the final determination of successful completion and graduation from the program.

Service Delivery

Treatment and case management is provided by Albuquerque Behavioral Health (ABH). DWIC follows and meets all ten key components of a Drug Court and all ten DWI Court guiding principles. Screening and assessment, population targeting, procedural and distributive justice, judicial interaction, monitoring, treatment, relapse prevention, aftercare, and community integration. The program operates an evidence-based, best practices, post-conviction model and uses intensive supervision, accountability, and long-term treatment. The treatment component of the program is comprehensive and is designed to develop self-awareness, realize self-worth, and practice self-discipline, with individual and group counseling sessions to include problem identification, and alternative solutions.

Team Staffing

DWIC Team staffing meetings are scheduled to review each participant’s progress and to discuss ways to intervene in possible problem areas that the participant may have or to give praise for meeting program goals.

Case Review

The DWIC Team conducts case reviews following staffing during which participants appear in court before the Judge. The Judge has a short conversation with each participant that reinforces program progress through incentives and sanctions.

Additional Information

The DWIC Program was awarded a City of Albuquerque Proclamation on January 20th, 2016 for interventions with New Mexico’s DWI problem and efforts in making the streets of Albuquerque safer. Also, the program was awarded a Bureau of Justice Assistance federal grant in January 2016 for program enhancement.