Wednesday, December 31, 2008

Court program gives offenders second chance

Clara Garcia News-Bulletin Staff Writer; cgarcia@news-bulletin.com

Belen For six months, David Vigil has not had one ounce of alcohol and has been able to get his life back on the right track — something he never thought he would be able to do before.

For Vigil, and for most of repeat DWI offenders participating in the Belen Magistrate's DWI/Drug Court program, he has finally realized that, through hard work and commitment to sobriety, he can succeed.

"I've been in the program going on six months," said Vigil, who lives in Bosque. "I had two DWIs one after the other — one here in Valencia County and another one in Albuquerque."

Vigil is not any different from other people who make the choice to drink and drive. He never thought it would catch up to him, but now, he's having to pay the price.

Magistrate Judge Danny Hawkes has been working for years to bring a DWI/Drug Court program to the county, and it finally became a reality in March of this year. With 15 offenders enrolled in the volunteer program, Hawkes says he hopes it will make a difference in the lives of not only those convicted of DWI, but of the community as a whole.

The purpose of the court is to help nonviolent offenders by placing them under the supervision of a team made up of court staff, prosecutors, a defense attorney, treatment providers and probation officers to help them stay clean and sober.

There are three phases to the program, as well as a relapse prevention phase, and while an individual can move through the phases faster or slower than another, an offender could possibly be in the program for up to 18 months.

Once an offender is in the program, he or she is monitored extensively through the use of an ankle bracelet that detects if the individual has consumed any alcohol as well as where he or she is through a global positioning system (GPS). They also receive intensive counseling and are required to meet in drug court at least twice a month to discuss any problems and their progress.

The program has worked well for most of those who have volunteered to participate, including Vigil, who at the young age of 28, continues working on overcoming his addiction. It's a struggle that he says has been difficult, but rewarding at the same time.

"It's been hard," he admitted. "I still go through a lot of withdrawal symptoms, and I still have cravings. In the beginning, I just wanted the taste of alcohol, but I stopped. I realized that it wasn't worth it — I lost my daughter over this."

Vigil said the program has been a great support in helping him through his recovery. The strict guidelines of the DWI/Drug Court program have made him a stronger person as well as making him aware of what could happen if he doesn't comply.

Hawkes explained that just because someone doesn't comply with all the rules of the program, it doesn't mean they will be kicked out. Any violations could result in increased treatment requirements, community services assignments, jail time or even termination of the program.

"The best part of the program is having to comply, and if not, you'll go back to jail and it's as simple as that," Vigil said.

Those who do well in the program are not only rewarded with the satisfaction that they've begun the hard long journey to recovery, but the DWI/Drug Court team also rewards them as they graduate from phase to phase. Hawkes said several local businesses have generously donated gift certificates for free dinners or other items for the participants who continue to show improvement.

One of those people is 38-year-old Paul Montoya, who on Dec. 2, 2007, was arrested after being stopped at 2 a.m. while driving through Los Chavez. The officer who stopped Montoya noticed that he had slurred speech and blood-shot eyes. Montoya had refused to do both a field sobriety test and Breathalyzer, telling the officer that he knew he couldn't pass them.

Today, Montoya has been clean and sober for 10 months, has a steady job and is proud to say his relationship with his fiance is much better than it was a year ago. He credits the program and team members for making him face his demons while guiding him through the process.

"It's helped me in a lot of ways," said Montoya, who will soon be one of the first to graduate from the program. "I feel more confident — I feel like a different person now. I walk around with my head up now where before I always had my head down.

"After being sober for a month or two, I could raise my head and be proud," Montoya said of his accomplishments. "The program is all worth it — it's straightened me out, and I'm now really looking forward to the future."

Marlene Chavez, 44, of Los Lunas, says while it's been very difficult to financially meet her obligations of the program, it's given her a new lease on life. She's reunited with her children as well as having her hope for her future.

"Financially, it's killing me — I'm trying to find a job in Valencia County because I'm not allowed to leave and work in Albuquerque," Chavez said. "I owe $800 for just the ankle bracelet.

"But it's (the program) making me more responsible," she said. "Hopefully, I'll never have to do this again — I have no intention of doing this again. It's a good program, and it's saved my life. I see the world in a whole different way now."

Before the judge convenes the bi-monthly DWI/Drug Court, his team assembles before hand to discuss each individual's progress in the program. They voice concerns about the defendants and their cases and make recommendations about what should happen next.

"It is not always going to work," Hawkes said. "But if we can make a difference for some of these people and help them become alcohol-free, the program is worth it."

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