Driver Alcohol Education Programs as a Penalty for DUI/DWI

When a motorist is charged with driving under the influence (DUI) of alcohol or driving while intoxicated (DWI), the motorist is likely to face a multitude of possible penalties. In addition to jail time, fines, and suspensions, many states require motorists to participate in what is commonly called a driver alcohol education (DAE) program. For first-time offenders participation in the program may be either discretionary or mandatory depending upon the state. However, most states require participation for repeat offenders.

The DAE program is intended to enhance public safety by eliminating or reducing the recidivism of offenders. In addition, the programs generally attempt to diagnose and recommend treatment, dispense information about alcohol abuse, and increase the participants' awareness of the dangers of drinking alcohol and driving.

In addition to the education and treatment provided, participation in a DAE program can have numerous benefits for a first time offender. For some first time offenders, participation may allow the offender to avoid a guilty plea and reduce the license suspension period and fines. Most offenders find that attending a DAE program is much more preferable to serving a traditional sentence.

Not all states will automatically send an offender to DAE program. In many states, the trial judge has broad discretion in determining whether to sentence an offender to participation in a DAE program. If the judge chooses not to exercise his or her discretion and order participation, this action can generally not be appealed. However, in most states a conviction for DUI or DWI will result in the requirement that the offender attend a DAE program. Even if an offender is not ordered to take such a program, many states will require participation in such a program in order to regain a driver's license.

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