News DE Data Investigations Sports Life USA TODAY Obituaries E-Edition Legals

Drunk behind the wheel again: For one man, 12 DUI arrests

Esteban Parra

The News Journal

View Comments
View Comments

0:16

1:09

AD

SKIP

Despite a series of laws over the years that criminalized drunken driving for repeat offenders and made prison time mandatory, James R. Fisher has been arrested 12 times for driving under the influence since 1991.

The 55-year-old's latest arrest, number 12, came in March, about a year after his release from prison after serving his sentence for a 2009 DUI conviction.

Fisher is not a unique case.

In 2012, 37 percent of the 5,400 people arrested for DUI here were repeat offenders, according to the state Department of Safety and Homeland Security.

With each story about a repeat offender being arrested again for drinking and driving, with each report of a fatal accident being caused by someone convicted of multiple DUIs, cries for something to be done get louder.

"Do we say, lock them up and throw away the key? Maybe we do," said Democratic State Rep. Helene Keeley of Wilmington, who has sponsored several bills concerning intoxicated driving issues.

"But honestly right now I don't know the answer to that question."

Stricter DUI laws and steeper fines enacted over the past three decades have not stopped people who continue to drive under the influence, even after being previously convicted of drinking and driving, lawmakers have learned.

They serve their time – sometimes years of time – but get out of prison and go back to their old ways. Some are never legally licensed to drive again and are caught, like Fisher was, driving without a license, insurance or a legally registered car.

Approaches now being looked at include requiring ignition interlock devices on motor vehicles to prohibit offenders from operating a vehicle while under the influence of alcohol as well as more treatment for offenders. Both methods recognize DUI offenders will get out of prison and most likely drive again.

"The focus historically was on 'OK, let's make it so that person doesn't drive,' " said Sean Lugg, Delaware Deputy Attorney General and statewide Traffic Safety Resource Prosecutor. "We're now recognizing it as an addiction problem. It's this person just can not handle the substances they choose to ingest into their body."

There are signs in other states that providing better education about drinking and driving, going after the roots of why people drive under the influence and closer monitoring is starting to help reduce the number of repeat offenders.

Later this year, Delaware will begin operating its DUI Court, a program designed to use the court's power to compel offenders to get treatment. Similar courts in Wisconsin and Colorado have touted successes in changing a person's behavior by providing accountability with intensive supervision and long term treatment.

One important reason to reduce the number of repeat DWI offenders is the role they play in fatal crashes.

Drivers with prior DUI convictions account for 8 percent of intoxicated drivers involved in fatal crashes, according to a 2013 study by the Pacific Institute for Research and Evaluation in Calverton, Md., which examined the past three years.

Tougher laws

Delaware's drinking and driving laws were given "teeth" less than a decade before Fisher, who remains at Sussex Correctional Institution in Georgetown in lieu of $21,650 cash bail,was first convicted of drinking and driving in 1991.

The stricter law, enacted in 1982, made second and subsequent offenses a minimum mandatory prison term of 60 days. That caused a spike in prison admissions for DUI, which climbed from 36 people in 1981 to 246 in 1983. In 1985, prison admissions for DUI reached 870 people. And over the last five years, DUI admissions have been averaging 980 per year, according to the state Department of Correction.

There is no database that tracks recidivism at the national level, said Sharon W. Bryson, National Transportation Safety Board Deputy Director. That is one of the recommendations the federal agency requested last year.

A March study of 13 states by the National Highway Traffic Safety Administration showed the proportion of recidivism among drivers arrested for DUI has decreased from 31 percent to 25 percent nationally since 1995. Only Minnesota, Indiana and Utah had higher recidivism rates that Delaware in this study.

In order to have a clear and accurate picture of what the problem is in the country, there needs to be a focus on the collection of the data, Bryson said this week after speaking in Dover in support of a bill to increase interlock use by all DUI offenders.

Dr. David W. Oslin, a University of Pennsylvania psychiatrist who specializes in addiction, said there needs to be penalties for driving under the influence, but treatment is just as important, especially for repeat offenders.

"Going to jail does not end up treating a patient," Oslin said, adding there is not evidence to this effect. "Ten years or three years of jail time is not going to guarantee that he is not going to drink when he gets out."

Andrew R. Rankin, 34, is a good example of that. Rankin served a year for killing his passenger, 20-year-old Cynthia M. Boone, on Nov. 14, 2004, near Christiana Mall. After the two left a party in Maryland, Rankin was speeding north in the middle lane of I-95, south of the Del. 1 ramp, when he plowed into the rear of a box truck. Rankin's 1990 Mercedes-Benz 300 became lodged under the truck. His blood alcohol level was 0.096, over the Delaware legal level of 0.08.

He served a year in prison. While on probation for that fatal accident, Rankin was drinking and driving June 7, 2008, when he killed 17-year-old Brian Wilson of Havre de Grace, Md., and left four people hospitalized, including himself.

Rankin, who is serving a seven-year sentence, declined to be interviewed for this article, saying he wanted to get on with his life.

Going to treatment is not going to guarantee a person convicted of DUI doesn't drink and drive again either, Oslin said, "but my stern belief is that they stand a better chance not getting [another] one if they have treatment."

In June, Delaware started its Reflections DUI Treatment Program at the Sussex Correctional Institution in Georgetown. Participants in the program are taught that responsible use of alcohol absolutely rules out driving a car while under the influence among other things.

The state is also looking at what other states enjoying some success are doing.

Delaware is also using some aspects of South Dakota's 24/7 Sobriety Program. Under South Dakota's program, every DUI offender is tested twice daily at a breath-testing center or they wear an alcohol detector. A person missing a test or confirmed to have been drinking via the alcohol monitor is in violation of their probation and jailed.

Still not enough

Nancy Cunningham Clark doesn't believe enough is being done to stop people from driving under the influence. But she's not sure what that cure is.

Her brother, Daniel T. Cunningham, was killed by an intoxicated Judith C. Guest as he crossed U.S. 202 in Fairfax on Feb. 3, 2007. Her blood alcohol level was 0.17. Guest, who was 54 at the time of the crash, pleaded guilty to second-degree vehicular homicide, which carries a minimum prison term of one year in prison.

The judge imposed the maximum sentence of three years.

Guest eventually got out of prison and went on to pick up two more DUI charges last year. She died in April before she could be sentenced for these additional charges.

Clark understands that people with repeat DUI offenses most likely have addiction problems and they need treatment for these issues. But she believes they also need to be placed in prison for longer periods of time.

"What they are doing is a start, but maybe more prison time than just a slap on the wrist," she said. This would include imprisoning first-time offenders.

"For a first offense I'd say one year," she said. "Once they get out of prison they should not get their license for up to a year."

"While they're in prison they're able to also get detox. They'll have time to maybe clean up their act, think about it and get help while they are there," she said.

Rep. Keeley said she agrees that people with addictions need to get treatment so they won't offend again.

She also put some of the onus on judges, who she hoped took offenders' previous records into account before sentencing someone to a minimum prison term.

Keeley points out that new laws help ensure people are sentenced for a DUI, and are not able to plead to a lesser charge.

"Our hope is that ... people are being sentenced for the DUI that they actually have," she said. "They're not able to plea that down to reckless driving.

"I think that's part of the reason we're seeing a larger amount of multiple offenders because they can't plea it down anymore."

DUI courts

Delaware wants to join other states that are finding success by using specialized courts. There are about 600 specialized courts dealing with hardcore impaired drivers across the country.

A 2008 study of three of Michigan's DUI courts found that participants in Ottawa County's DUI court were arrested six times less often in the first year and four times less often in the second year than people who did not participate in the DUI courts.

Bay County had similar findings with the percent of DUI court participants re-arrested with DUI offenses in two years was approximately five times lower than that for the comparison group.

In Clarkston County, the percent of DUI court participants re-arrested with DUI offenses in two years was also approximately five times lower than that for the comparison group – 2.2 percent versus 10.3 percent.

Retired Superior Court Judge Richard S. Gebelein will help Delaware starts its DUI court in September.

"What we want to bring is an opportunity for folks who have shown through their actions that they have a serious alcohol problem to get them into a treatment program that will address the addiction to alcohol," Gebelein said. "In that way try to keep them from third, fourth, fifth, sixth offenders."

It's people who are not deterred by the criminal law that you have to try to reach through treatment because it's their addiction that is causing them to continue to drink and get behind a wheel, said Gebelein.

In Colorado, Judge Mary Celeste helped put together a team, including someone from law enforcement, someone from the offices of the district attorney and public defenders and treatment providers, and three years ago formed the Denver Sobriety Court.

This court revamped its intake system for DUI defendants, putting them on a fast track. Instead of weeks or months, the DUI offender is before a judge in a matter of days and headed toward treatment.

"The sooner they get before a judge and the judge supervises them and has contact with them the better the results," Celeste said. The program has a recidivism rate of 1 percent in its first three years.

Part of the program's terms is that participant must agree to have constant contact with a treatment provider, a probation officer and judge.

"I know it sounds like it's almost a social work situation because you are holding their hands, but that's what works," she said. "And we've had great success."

Because the program is voluntary, not everyone opts to take part in it and will face the consequences in court.

"In the end it's harder to do the program, but your chances of recidivating decrease substantially if you do the program," she said. "And it will help with those who have an addiction ... to alcohol or drugs."

She also said the program is 2½ times cheaper than placing someone on prison. Plus, she said, prison "doesn't get to the heart of the issue, which is the addiction itself."

Delaware wants its DUI Courts to be able to use the power it has over offenders to compel them to get treatment for their problems, Gebelein said.

"In a DUI Court, you have close supervision in the individual by the judge," Gebelein said, adding offenders report to the judge weekly or every other week depending what phase they are in. "The court uses its power both to force the person to go to treatment but also to encourage them and help them to address that addiction."

Gebelein said it is similar to drug courts, except going after alcohol addictions.

"Unless you get them in a serious long-term treatment program you're not going to convince them to stop drinking," Gebelein said.

These courts can also offer DUI offenders other options, including providing technology that is cheaper than putting someone in prison. A stint in prison can cost taxpayers $35,000 per year.

"You don't need a high level of security anymore to keep someone from driving," Gebelein said. "What you can do is use a number of the various devices that are available."

One such device is an ignition interlock which will prevent cars from starting if a person has been drinking. Mothers Against Drunk Drivers National President Jan Withers testified Wednesday before lawmakers in support of requiring all DUI offenders to have an ignition interlock on their vehicle for at least four months. Currently, ignition interlocks are required for repeat offenders and first-time convicted drunk drivers with a blood alcohol concentration of .15 or greater.

Requiring or encouraging interlocks for all DUI offenders is proven effective in reducing drunk driving recidivism by 67 percent, according to the Centers for Disease Control and Prevention.

"Reducing drunk driving fatalities in Delaware begins with requiring interlocks for all convicted drunk drivers," Withers said. The bill was released from committee Wednesday for full consideration by state representatives.

Gebelein also suggested transdermal units could be used to make sure a person has not been drinking.

"A transdermal patch tells if they've been drinking," he said. "And as soon as they're drinking you can bring them in and put them back in jail to get them to stop. The technology is much better now in the environment rather than just putting them in prison."

Repeat behaviors

While the state has many treatment facilities and programs, Delaware cannot force anyone to complete the programs or follow though after they leave them. And this results in people returning to past behaviors.

Danielle M. Foster had been convicted in 2009 of driving under the influence of drugs and twice found guilty of driving without a license.

In March of 2011, she'd been convicted of driving without a license while still having a pending case for a second driving-without-a-license charge.

On May 25, 2011, Foster was behind the wheel of her 1997 Hyundai at the intersection of Fourth and Lincoln streets in Wilmington when she plowed into a car 6-year-old Elijah Rivera and his 4-year-old sister, Alyssa, were in.

She killed them both and is now serving a 23½-year prison sentence.

"[DUI] can be as simple as 'Oops it was a one-time mistake,' to a person that has an addiction," said Alison Kirk, spokeswoman for the Delaware Office of Highway Safety. "It involves changing a behavior that for some, like repeat offenders, may be an addiction. An addiction is a very hard thing for a person to own up to and face."

In the case of repeat offenders they have bigger problems that affect their daily decision making, which also happens to include driving, said Kirk.

Fisher did not have a license to drive when he was arrested March 14 near Dagsboro. Also, the car he was driving had a false license plate, according to court records.

"Mr. Fisher, like anyone else, has the ability to drive a vehicle, legally or not," Kirk said. "When a person decides to start a vehicle, whether they have a license or not, whether it is their car or not, it is that person's choice to do so."

Delaware, thanks to groups such as MADD and AAA Mid-Atlantic, has pushed to strengthening DUI laws over the years.

"The trends are going in the right direction in terms of accidents, DUI arrests and injuries and fatal crashes," Jim Lardear, director of public and government affairs for AAA Mid-Atlantic, said."But there's one thing that curve that continues to be slopped slowly downward."

That was high percent of people killed in DUI involved accidents, Larder said. Forty-three percent of fatal accidents were DUI involved in Delaware last year. "We're looking for a kind of a homerun and really see that number drop down further," he said.

Of the 2,952 people convicted in the state for DUI in 2012, a dozen had seven or more previous convictions, according to data provided by the Delaware Justice Information System dating back to 1996. Seven or more DUI convictions imposes the maximum penalty in Delaware – a class C felony, which carries a fine of up to $15,000 and a prison sentence no more than 15 years.

"They can say you can get the death sentence for an 11th DWI, and that's a ridiculous example, but they could say that and it doesn't mean the person is not going to go out and drive," said Christopher Baxter, who teaches an "Alcohol, Vehicles and the Law" course at Widener University School of Law.

This is usually an indicator of more serious problems that cannot be legislated, Baxter said. "It doesn't matter what's hanging over their head.

"And there's no way to stop it other than having a police officer in the car the whole time. That's an impossible resource to meet."

Baxter, whose prosecuted and now defends DUI cases in New Jersey, expects there is little public sympathy for Fisher, adding this is a person who "obviously has got a very bad disease."

Following his release from prison on April 22, 2013, Fisher completed a substance abuse DUI offenders program in February, according to court documents.

"I'm sure that rehab has been offered. I'm sure rehab has been ordered over the course of his 11 prior convictions, but none of it's gotten legs," Baxter said. "And that's really a sad thing because that's destructive behavior. He could injure or kill other people or himself."

Reporters James M. Fisher, Sean O'Sullivan and Patrick Sweet contributed to this story. Contact Esteban Parra at 324-2299, [email-masked] or Twitter @eparra3.

View Comments
View Comments

Capital One Shopping

Amazon Has Millions of Prime Subscribers — But Few Know About This Savings TrickCapital One Shopping|
AdAd

Undo

Power Life

Mature Trainer: This Is What "Ripped" Old Guys Do Differently (Genius!)Power Life|
AdAd

Undo

Blood Sugar Formula

The First Signs of Diabetes (Write These Down)Blood Sugar Formula|
AdAd

Undo

SmartAsset

7 Mistakes Successful Retirees Know to AvoidEveryone knows they should consult a financial advisor for retirement planning, but how do you choose which one? This free tool makes it simple.SmartAsset|
AdAd

Undo

horuste

“ I know these shoes will last for years.” - Tom - Now 70% Off!horuste|
AdAd
Shop Now

Undo

EliteSingles

The Dating Site for Highly-Educated Singles in HudsonEliteSingles|
AdAd

Undo

Capital One Shopping

Before you renew Amazon Prime, read thisCapital One Shopping|
AdAd
Read More

Undo

AmRelieve

How Seniors End ‘Bone-On-Bone” Knee Troubles (Works Fast)AmRelieve|
AdAd
Read More

Undo

More Stories

Celebrities in Delaware? It happens more than you think.
news

Undo

Construction on Middletown's $26 million YMCA will begin this month
news

Undo

Capital One Shopping

Amazon Has Millions of Prime Subscribers — But Few Know About This Savings TrickCapital One Shopping|
Sponsored LinksSponsored Links

Undo

Staff Directory Corrections Careers Accessibility Support Site Map Legals Our Ethical Principles Terms of Service Privacy Policy Your California Privacy Rights / Privacy PolicyDo Not Sell My Info / Cookie Policy

Contact Us Support Local Businesses Advertise Your Business Advertising Terms and Conditions Buy and Sell Licensing & Reprints Help Center Subscriber Guide My Account Give Feedback

Subscribe Today Newsletters Mobile Apps Facebook Twitter E-Edition Storytellers Archives RSS Feeds

Jobs Cars Homes Wilmington Classifieds Dover Classifieds Education 10Best Reviewed Reach Local USA TODAY Sports+

© 2022 www.delawareonline.com. All rights reserved.