Alcohol/Drug Evaluations

All DUI cases will require will require a drug and/or alcohol evaluation from a state certified treatment agency. This is true even if the DUI charge is amended or reduced to another charge, such as reckless driving or negligent driving in the first degree. The individual will have to follow the treatment recommendations of the treatment provider.

A DUI defendant should undergo the alcohol evaluation early in the pretrial process; the sooner the better. This will show both the court and prosecutor that you are being proactive and willing to abide by oversight and monitoring while the case is pending.

Courts and prosecutors are doing a risk analysis on every individual who appears in court. If it appears that the defendant and defense attorney have their act together, and have prepared to address a court's concerns for public safety, the court may allow less stringent bail or other release conditions. The assessment is also necessary for the defendant and their attorney to have a thorough understanding of what probation and treatment may be on a plea to any charges.

The process of going through a drug or alcohol evaluation is fairly straightforward. The agency doing the evaluation will need a copy of the person's driving record, their criminal history, and the officer's DUI arrest report. The evaluation consists of written testing and oral questions.

The chemical dependency professional will draft a written report with findings and recommendations. The evaluation report will indicate which of three categories that an individual falls; chemically dependent upon drugs or alcohol, suffering from drug or alcohol abuse or the potential for abuse, or insufficient evidence to support a finding of either.

If a person falls into the "dependency" category, the alcohol counselor will recommend some form of a lengthy treatment option, anywhere from eight months to two years. The recommended treatment will involve group and individual meetings at a certified treatment facility, and periodic self- help meetings.

If the person is placed into the "abuse" or "abuse potential" category, the recommendation will vary between six and twelve months of treatment, with or without self-help meetings. The third outcome, insufficient evidence of a problem, will recommend participation in a one day alcohol and drug information school.

We will discuss the alcohol and drug assessment with you at our initial consultation.

Be prepared to be honest with your attorney and the chemical dependency professional.