Thinking that there's got to be a better way of treating those arrested for drunk driving, the Cobb State Court created what is known as the Cobb DUI Court a couple of years back. It's a voluntary, post-conviction, treatment-based program for those who have been convicted multiple times for DUI or driving while under the influence of drugs. Instead of just jail and a fine, it offers enhanced supervision, counseling and treatment to help participants function in the community with continuing support.
"People who are addicted and are arrested, if you just give them punishment, they sit in jail the entire time," said one of the program's founders, State Court Judge Melodie Clayton. "And then what's the first thing they do when they get out? They go drink. And then they drive. So that approach doesn't really do society or the offender any good.
"The DUI court is not an easy program for mollycoddling criminals, like some people think it is. People are held accountable for what they do while out on probation under very strict supervision, and they learn a new way to be and find out that they can indeed be better persons without the drugs and alcohol than they were before."
To get into the program, those referred to the DUI Court must have been arrested twice for DUI within five years or arrested three or more times in the course of a lifetime; must be a Cobb resident; must be 17 or older; must have no indication of alcohol or drug abuse or dependence; cannot have any violent felony offenses; not have any out-of-state warrants; and must be in this country legally.
Benefits of the program include support in achieving and maintaining sobriety; high-quality treatment at a reduced cost; having any applicable fines reduced by half upon graduation; community service credit for successful completion of various phases of the program; supervision in meeting requirements for their license reinstatement; and help with job placement, affordable housing, etc.
According to a study by the Judicial Council of Georgia, 12 months after graduation from DUI Courts participants are almost three times less likely to have another DUI arrest, and 20 percent less likely to be arrested for a new felony. Cobb was actually one of the last metro counties to establish such a court.
"When opponents of the program find out what it's all about, they say it's a good program," Clayton said.
The program is coordinated by Emily Keener, a UGA law grad and former clerk for Clayton.
"It's the most fulfilling thing I've ever done," she said. "I think we're doing something good here."
The program is based on the team concept, she explained. Each week the judge, probation officer, prosecutors, defense attorneys and treatment reps meet to discuss those in the program and how they're doing.
"Part of the thinking is that people who have wracked up a lot of DUIs will benefit more from going through a structured program where they're held accountable for every action and everything they do while they're in the program," she said. "Part of the reason programs like this work is that we do have the involvement from all sides of the legal system, and the treatment system as well."
Those in the program go to Alcoholics or Narcotics Anonymous meetings multiple times per week, as well as group and individual treatment sessions and at least one family group treatment session per month.
"We do curfew checks and home searches and make sure that they are all employed or in school full time, and that if they don't have a high school diploma that they have a GED by the time they finish the program," Keener said. "And we test these people to death, two and three times a week."
"I actually try to talk people out of enrolling in the program because if you don't want help, you're not going to succeed in this program. The easy way out is to go sit in jail for six months. But if they're willing to try to change, this is the program for them."
The DUI Court's first class of nine people graduated from the program on Monday. They were tested a cumulative 1,370 times for drugs and alcohol, and only four tests showed up positive during that time, Keener said.
One of those graduates, "Martin," was on hand to address Thursday's meeting of the Marietta Kiwanis Club.
"I spent almost two years in the program, and celebrated two Christmases, two Thanksgivings, two birthdays and some other holidays in that time, and I remember them," he said. "That's something new for me. In the past, they were occasions to drink and use drugs, and I can honestly say I don't remember too many of them.
"Over the last year, there were many times I felt like I was climbing a mountain that was much too high for me to reach the top," he said of the program. "I had to learn a whole new way of life, take responsibility for my actions. And this program taught me how to do that. It seemed like it would never end, but if it had been any shorter, I don't think it would have been as effective.
"A person has to be willing to want to change if they are going to start the recovery process," he concluded, to a standing ovation from the crowd.
Concluded Cobb Superior Court Judge Mary Staley, "Thanks to the DUI Court, the people in this program can live lives where they can be successful parents, successful employees and successful members of the community.
"These are success stories. And the court system is not usually a place where you have success stories. So the DUI Court is an uplifting place for us."
Associate editor Bill Kinney's column runs on Tuesdays and Saturdays.