What is a “Victim Impact Panel” in a DUI Case?

A victim impact panel, or VIP, is a meeting where a person convicted of a DUI is ordered to listen to DUI victims (usually three to four) speak about how a drunk driving event has affected their lives, or the lives of their loved ones. The panelist victims discuss a DUI incident with the hopes of educating the offender and deterring future intoxicated driving.

Some DUI offenders are required to attend these panels as part of their criminal sentencing. VIPs are used in all states across the U.S. and they are often put together and conducted by Mothers Against Drunk Driving (MADD).

The main goals of a victim impact panel include to:

1. give the victims a voice to share their feelings and experiences,
2. make DWI offenders aware of how serious their crime was, and
3. raise awareness for drunk driving, victims of impaired driving, and the prevention of driving under the influence of alcohol.

Note that a goal is not to place blame on a DUI offender. The idea is to make this person aware of the consequences of his/her actions.

The judge overseeing a DUI case makes the decision as to whether an offender attends a panel. Attendance is normally limited to first-time DUI offenses.

Note that VIP attendance is not the same as an offender attending DUI school, which is a mandatory penalty in some DUI cases. A driver must enroll in DUI school if convicted of a DUI or “wet” driving offense such as:

• driving under the influence,
• driving with a BAC of .08% or higher,
• underage DUI (BAC of .05% or higher), or
• “wet reckless.”

Depending on the particular state in which a DUI offense is committed, other mandatory DUI penalties may include:

• a misdemeanor conviction (as opposed to a felony conviction or an infraction),
• imprisonment in a county jail for up to six months,
• a 6-month driver’s license suspension, and
• installation of an ignition interlock device for six months (unless the defendant chooses not to drive).

Our DUI defense lawyers will discuss the following in this article:

• 1. What is a VIP in a DUI/DWI case?
• 2. What are the goals of a DUI victim impact panel?
• 3. Who is eligible and how does it affect a DUI offender’s case?
• 4. Is a victim impact panel class the same as attending a DUI school?
• 5. Are these panels available in California?

1. What is a VIP in a DUI/DWI case?

Victim impact panels are meetings of three to four members of a community who are all DWI victims. Victim means that either their own lives or the life of a loved one has been affected by:

• a drunk driving incident,
• drunk drivers,
• someone driving under the influence of alcohol, and/or
• impaired driving crashes.¹

Members discuss how these events have impacted their lives or the lives of close family members. Discussions may include first-hand observations of accidents and personal stories.

Persons convicted of a DUI are sometimes required to attend a VIP as part of their DUI sentence. The panel then becomes an awareness program as panelists give offenders a unique perspective of how serious and hurtful their crime was. Offenders, though, usually have no interaction with the community members.²

VIPS are often put together and presented by MADD. Sometimes, then, a panel is referred to as a “MADD VIP.” In light of COVID-19, MADD is offering online panels (pre-registration is required).

The cost of most panels is approximately $25.00 (payable via most payment methods, including money orders) and they typically last one hour in duration.

2. What are the goals of a DUI victim impact panel?

Most VIPs share the same goals. These include to:

1. give the victims a voice to share their feelings and experiences,
2. make DWI offenders aware of how serious their crime was,
3. provide these offenders with a better translation as to how their crimes cause real-life harm, and
4. raise awareness for DUI, victims of impaired driving, and the prevention of driving under the influence of alcohol.³

Note that VIPs are not intended to shame, ridicule, or blame the offender in any way. The main aim is to educate the person and make him/her aware of the consequences of drinking and driving.⁴

As the MADD VIP website states, the intent is to:

“help drunk and drugged driving offenders to recognize and internalize the lasting and long-term effects of substance-impaired driving.”⁵

3. Who is eligible and how does it affect a DUI offender’s case?

The judge presiding over a DUI case makes the decision as to whether an offender attends a victim impact panel program. Sometimes, though, a probation officer will order attendance.

Note, though, that panel attendance is typically limited to first-time DUI offenders.

A judge will often credit the time an offender spends at a panel as:

• time served, or
• time spent performing community service.

Once a VIP is completed, MADD provides DUI offenders with a certificate of completion. The offender must present this certificate to the court as proof of program completion.

4. Is a victim impact panel class the same as attending a DUI school?

A victim impact panel class is not the same as attending DUI school.

“DUI School” is a program of alcohol education and prevention ordered by courts and/or the DMV. A driver must enroll in DUI school if convicted of a DUI or “wet” driving offense such as:

• driving under the influence,
• driving with a BAC of .08% or higher,
• underage DUI (BAC of .05% or higher), or
• “wet reckless.”

The required length and likely cost of a driver alcohol/drug education program depend on the driver’s specific DUI offense.

Unlike DUI school, attendance at a VIP is not mandatory and it is only allowed in some DUI cases.

5. Are these panels available in California?

Victim impact panels are available in California.

As stated above, a judge has the discretion to order a DUI offender to attend a panel as a penalty of his/her drunk driving offense.

In California, offenders also face the following DUI penalties:

• misdemeanor charges,
• 3 to 5 years of informal probation (typically 3 years),⁶
• DUI school ranging from 3 to 9 months (typically 3 months),⁷
• fines and penalty assessments totaling between $1,500 and $2,000 (depending on the county),⁸
• a 6-month driver’s license suspension (though people may be able to get a restricted license or drive immediately with an IID restricted license),⁹
• installation of an ignition interlock device for six months (unless the defendant chooses not to drive),
• up to 6 months in county jail (depending on the county),¹⁰
• in some counties, work release, and
• indirect consequences (such as increased car insurance premiums and harsher penalties if the defendant gets convicted of a subsequent DUI).

For additional help…

For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group.