Sunday, July 16, 2006

 

DUI - Staggered Sentences Cuts Repeat Offenses in Half

Nine drunken driving convictions are enough for Tim Clark.

As he emerged from a court hearing recently, Clark adjusted his tie and smiled. He has been sober for three years and is feeling good.

"It's because of what this judge is doing," the Ham Lake man said.

The judge is James Dehn. In an Isanti County courtroom in Cambridge, he has developed a way to reach the state's most dangerous drunken drivers — and cut their repeat offenses in half. His methods are becoming more common in Minnesota and are gaining interest nationwide.

"It's about treating them like human beings," Dehn said.

He dispenses justice on the installment plan. Instead of giving drunken drivers a traditional jail sentence, he spreads that sentence out over years, jailing them in July and December.

Before each jail term, drivers must appear in court. If they can convince Dehn they've been sober, employed and otherwise reformed, he can allow them to skip the month in jail — until the next time.

That extra vigilance — and understanding the unique psychology of the crime — is the key to Dehn's success.

In a field where even slight reductions are celebrated, experts find the reduction of 50 percent eye-popping.

"There is no way not to like this," said Dean Grau, a part-time public defender in Pine County and criminal defense attorney who has worked with Dehn.

Since Dehn started staggered sentencing in 1998, the idea has thrived. In Minnesota, one-third of the state's roughly 300 district judges have used it.

He teaches staggered sentencing to judges at the National Judicial College in Reno, Nev., and the Minnesota Judicial College. He has won awards from Mothers Against Drunk Driving and the national Foundation for Improvement of Justice, as well as the Outstanding Judge Award from the state district judges' association.

The idea is spreading partly because of Dehn's tireless efforts to promote it.

"He has incredible energy. Sometimes it's hard to find his 'off' switch," said Steve Simon, chairman of the state DWI Task Force and a professor at the University of Minnesota School of Law.

Simon said there are many ways to cut drunken driving — but the problem is the cost.

He researched the impact of jailing all third-time offenders for four years.

"That would cost us hundreds of millions of dollars and saved only 24 lives," said Simon.

That's why he endorses Dehn's approach — it's effective and cheap.

"You can't lock up your way to safety," Simon said.

The approach is unique because the crime is unique.

Drunken driving is a mainstream crime. Simon said a drunken driver drives intoxicated an average of 700 times before getting arrested, and almost 9 percent of Minnesotans have one or more DWI convictions.

Jail time does deter first-timers. But it doesn't faze hard-core alcoholics, who often start drinking as soon as they get out.

"They can do jail time standing on their heads," Simon said. "They are driven to drink. They need to drink."

They are also driven to drive, Grau said.

"It's not like they are going to quit their jobs and stop supporting their families. They are going to drive without licenses," he said.

Staggered sentencing breaks the cycle.

Convicted of a crime, Dehn's repeat drunken drivers know they will be locked up. But instead of passively accepting the sentence, most of them come before Dehn twice a year. If they prove they are sober and living stable lives, he can waive one month's jail time.

"You turn the tables on them. It is up to them to come to us and bring motions," Dehn said.

It gives Dehn control for a longer time. He often requires convicts to wear alcohol-monitoring devices between the in-jail periods.

"It puts structure in their lives," Dehn said.

If the drinker is motivated, so is the family.

"They say: 'Give him a chance! We will pitch in! He can live at grandma's!' " Grau said.

In terms of results, experts say, Dehn's approach is tougher than some of the "get-tough" measures other judges use.

"I think Judge Dehn has discovered that this supposed draconian sentencing, with all these silly war metaphors, is a fiction sold to citizens," Grau said.

An hour in Dehn's courtroom shows how he catches the conscience of drinkers unscathed by other convictions.

Two weeks ago, his courtroom was packed with 32 defendants, a Minnesota cross-section sporting paint-spattered T-shirts, wool suits and construction-worker sunburns. Two women bounced children on their knees.

Dehn addressed them almost like a talk show host, thanking them for letters about their personal lives.

"Here is a letter from Jeff. The kids have moved back with him," said Dehn, nodding approvingly to one defendant.

He could have skipped the pep talk. There wasn't a slouch or sneer in the room — his rapt listeners were bursting with eagerness to prove how sober they had been.

One man had a sheaf of attendance slips from Alcoholics Anonymous meetings. Another had six letters from family, friends and his employer.

"I heard from your girlfriend, and she says she sees new maturity in you," Dehn said, congratulating one defendant.

Outside court, a stream of ex-drinkers emerged to explain why the program works.

Samantha Houtsma, a 26-year-old stay-at-home mom in flip-flops, lives north of Cambridge and has three DWI convictions.

"It has changed my life, staying sober," said Houtsma, who said she hasn't had a drink in two years.

She said the staggered sentences and series of hearings before Dehn made more of a long-term impact than a one-shot jail sentence.

"Stretching it out like this makes me think about being sober all the time," said Houtsma.

Sam Scott of North Branch, a cabinetmaker and a third-time DWI offender, impressed Dehn by buying his first house and training for his first triathlon.

Staggered sentencing works, he said.

"Sobriety is always on my mind now," said Scott. If he had served a single traditional jail term, he said, it would be "out of sight, out of mind."

"They reward you for doing well. You get a chance," Scott said.

Clark, the nine-time offender, was beaming after Dehn said he could skip his July incarceration. He still had four years of monitored probation to go, but this was his last scheduled jail time.

Without another offense, he would never see the inside of a jail cell again.

"It's like they give you a chance," he said.

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