Sobriety Courts are state and county-run programs present in several states, notably Michigan, that attempt to present an alternative to standard penalties for people who have been subject to repeated arrests and trials for substance abuse and drunk driving.
Sobriety Courts are run by both state and local jurisdictions. Unlike proposed “health courts,” which are to be administered by trained health care professionals, Sobriety Courts are led by ordinary judges. On the other hand, despite the name, these courts have as much in common with detox and rehabilitation programs as they do with regular courts, and their task is less to mete out punishment as to use the resources available to the authorities to incentivize and compel the subject to undergo a rigorous sobriety program.
The idea of having courts that deal specifically with substance abusers is not new. The first Drug Court was established in 1989 in Dade County, Florida. Given that jail terms can have serious and counterproductive consequences for non-violent substance offenders, drug courts became increasingly prevalent nationwide over the following two decades. Today, California alone has around 150 drug courts, in almost every county. Sobriety Court is a substance abuse court that concentrates on alcohol abuse, specifically – on drunk drivers; they have been established in many counties which have high and persistent rates of DUI arrests. As with other drug courts, its task is to offer defendants an alternative to jail terms and reduce recidivism.
The process works like this: If a subject has repeat arrests or convictions for drunk driving and is facing one of a specified list of substance-related charges, their judge or prosecutor may deem them a candidate for an intensive sobriety program and refer them to Sobriety Court (as a rule, prior felony convictions disqualify subjects from participation). The defendant then appears before the court, which determines the length and nature of the subject’s sobriety program. It’s worth noting that Sobriety Court doesn’t always allow defendants to avoid jail time; however, the sentence is greatly reduced, in exchange for the subject’s participation in its program.
The programs themselves typically last between 18 and 24 months, and can include various measures that are designed to help the subject maintain their commitment to sobriety, such as mandated Alcoholics Anonymous or Narcotics Anonymous meetings, out-patient or in-patient detoxification, regular attendance at sobriety Court sessions, special classes on self-control and others. They also place extremely stringent requirements on the subject – frequent drug and alcohol tests (performed daily for the first several weeks of the program), random house visits by court officials, payment plans for fines and court fees, interviews and joint sessions with family members, and so on.
As the subject progresses along the course of the program, testing requirements may be relaxed. The subject may also be mandated to complete community service, seek employment or education and attend specialized activities such as victims impact panels. There are also graduated sanctions against the subject if they fail to meet their requirements, starting from more frequent testing, and reaching potential jail time if the subject completely fails to reform.
Sobriety Court programs are designed to place gradually-reduced requirements on the subject as they pay their debt to society, while maintaining oversight and structure in their lives to prevent relapse and help them remain productive members of their communities.
Does this approach work? All evidence shows that it does. Individuals who complete a two-year Sobriety Court program show drastically reduced recidivism rates compared to individuals who were convicted in regular court. Graduates of Sobriety Court programs are subject to 85% fewer arrests in the two years after completion than in the two years preceding them. Similarly, the incarceration rate for graduates also goes down sixfold, and the conviction rate – fourfold. In comparison, the recidivism rate for people who haven’t completed a Sobriety Court program ranges from 60 to 80 percent.
Sobriety court is an effective, hands-on approach to help people struggling in a loop of substance abuse and drunk driving arrests avoid jail time and get on the path to a sober and productive life. If you have been arrested for driving under influence, ask your Michigan DUI lawyer if a Sobriety Court program is right for you.
