| It is likely that you will have to take a drug/alcohol | | | | TWO: You must be prepared to be honest and |
| screen/evaluation for your arrest for a New York | | | | truthful with the evaluator. It is important for your |
| DWI for the following three reasons: | | | | long term health and wellness that if alcohol and/or |
| 1. Under NYS law, an alcohol/drug screening and | | | | drugs are the reason for your current criminal |
| evaluation is mandatory if your BAC (blood alcohol | | | | charges the underlying causes can be addressed. |
| concentration) at the time of your arrest (as | | | | NOTE: Even though DWI recidivism rates are very |
| measured by the breath test) was a BAC 0.15 or | | | | low (approximately 3-4%), the dangers to yourself |
| higher. | | | | and others from a second instance of driving while |
| 2. It is often helpful to have a drug/alcohol evaluation | | | | under the effect of any drug or substance can be |
| provided to your attorney prior to negotiating a plea | | | | substantial. In NYS, second time DWI arrests within a |
| on your charges. The results of an evaluation can | | | | ten year time frame are Class E Felonies and the |
| demonstrate one of two things: (a) that your | | | | prosecution seeks jail sentences which can range |
| conduct on the night of the arrest was a one time | | | | from 1 to 3 years. |
| event, and not a pattern of alcohol abuse behavior or | | | | THREE: You must be prepared to follow through on |
| (b) it can show that you are now choosing to | | | | all recommended treatment. You are entitled to a |
| proactively address a problem with your use of drugs | | | | second evaluation/opinion. This second alcohol |
| and/or alcohol. | | | | evaluation and the final result is binding. The Court is |
| 3. The alcohol screening/evaluation is part of the | | | | going to want proof of completion of any treatment |
| DMV's DDP (Drinking Driver Program) and must be | | | | programs recommended and assessed. If you |
| done to obtain a conditional driving privilege. This is | | | | receive a CD (conditional discharge) from the Court |
| true whether your final plea is to a DWAI, DWI, or | | | | this will be one of terms of that discharge. If you fail |
| ADWI. The program's completion is predicated upon | | | | to meet the Court's conditions your case can be |
| a follow through with any treatment | | | | re-opened and your failure will be considered a |
| recommendations made by the OASAS (Office of | | | | violation of the Court's Order. |
| Alcohol and Substance Abuse Services) certified | | | | If your alcohol evaluation indicates a clean "no |
| provider. They have an excellent website to locate | | | | treatment recommended" final conclusion that will |
| providers in your area, just put OASAS into Google. | | | | often be helpful for your attorney to show the |
| There are THREE things you must do before having | | | | prosecutor (Assistant District Attorney) why a term |
| your alcohol screening/evaluation: | | | | of probation as a condition of your final sentence is |
| ONE: To allay your fears and give you a good idea of | | | | not necessary. This report of No Treatment by an |
| the types of screening questions asked you should | | | | evaluator can also assist your attorney in getting a |
| read through the MAST (Michigan Alcohol Screening | | | | ADWI (Aggravated DWI) charge where your BAC |
| Test), it is available online. Within the DDP program | | | | was .18 or higher possibly reduced to a "regular" BAC |
| the alcohol screening is a questionnaire/form to | | | | over .08 DWI. |
| determine if you need further evaluation/assessment | | | | I hope that this article sheds some much needed light |
| by a provider. | | | | on the DWI alcohol evaluation process. |