Commentary: Judge James Dehn
Judge James Dehn has been a judge in rural Minnesota, Isanti County, for 13
years. He has been very active in DWI issues since the early 1990s. He
was the first judge in the nation to put repeat drunk drivers on the
pre-trial Electronic Home Alcohol Monitor. This innovative idea resulted
in his being awarded the National Criminal Justice Award from Mothers
Against Drunk Driving. Judge Dehn also testifies yearly before the
Minnesota Legislature regarding DWI laws and teaches creative-sentencing
ideas for Minnesota judges.
I know a man, let's call him Michael, who sold his snowmobile to post bail after his fifth DWI charge so that he could continue to drink while his court hearings dragged on. Last year in rural Minnesota, over 15,000 people just like Michael were arrested for drunk driving. Nearly half of them were repeat offenders. Even more alarming is the fact that most drivers get behind the wheel while intoxicated up to 1,000 times before they are arrested. This is especially frightening for public safety in rural Minnesota where the courts lack the resources for intensive supervision of repeat offenders. As a result, judges have come up with creative methods to protect public safety, while helping the repeat offender stay sober.
One of these methods is Electronic Alcohol Monitoring. It was pioneered in rural Minnesota and has gained national recognition. Electronic Alcohol Monitoring now helps hundreds of repeat offenders stay sober in their own home. The monitor, similar to a video telephone, is placed in a repeat offender's home at their own expense. Three times a day, at specific times, they are required to give a test. Miss the test or test positive for alcohol, and they are picked up and brought to jail immediately. This was the sentencing approach used for Michael that proved successful. Michael is proud that he has been able to discover a new relationship with his young son without the influence of alcohol.
The latest creative method, called "staggered sentencing," shows promising results in dealing with repeat offenders like Michael. Simply put, the court divides or staggers the repeat offender's jail sentence into three equal periods with probation between each period. The first period they serve, but the second and third periods can be forgiven if the offender proves to the sentencing judge that they are staying sober.
Despite the high number of drunk driving offenders in rural Minnesota, judges' new programs are making a positive difference in the lives of offenders like Michael and their communities.
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