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Insights Regarding New York DUI Alcohol-Drug Evaluation Process



The likelihood is that you should take a drug/alcohol screen/evaluation following a New York DUI arrest because under New York law, an alcohol/drug screening and evaluation is mandatory if your BAC (blood alcohol concentration) at the time of your New York DUI arrest (as determined by the breath test) was a BAC 0.15 or more.

It can be often helpful to have a drug/alcohol evaluation provided to your DUI lawyer New York prior to negotiating a plea on your charges. The results of an evaluation may show that your conduct on the night of the New York DUI arrest was a one-time incident, and not a pattern of alcohol abuse behavior and it can show that you are now choosing to proactively address a problem with your use of drugs and/or alcohol.

The alcohol screening/evaluation is part of the DMV's DDP (Drinking Driver System) and has to be completed to obtain a conditional driving privilege. This is true whether your final plea is to a DWAI, DWI, or ADWI. The program's completion is predicated upon a follow through with any treatment recommendations made by the OASAS (Office of Alcohol and Substance Abuse Services) recognized provider.

You will find three things you must do before having your New York drunk driving screening/evaluation:

1) To allay your fears and give you a good idea of the types of screening questions asked, you should read through the relevant tests that you can get online. Within the DDP program, the alcohol checking is a questionnaire/form to determine if you need additional evaluation/assessment by a provider.

2) Be prepared to be honest and truthful with the Newyork DUI evaluator. It is important for your long term health and wellness that if alcohol and/or drugs are the reason for your current criminal charges the underlying causes can be addressed. Note that even though DWI recidivism rates are very low (approximately 3-4%), the threats to yourself and others from a second instance of driving as you are under the effect of any drug or substance may be substantial.

3) Be prepared to follow through on all recommended treatment. You are entitled to a second evaluation/opinion. This second alcohol evaluation and the final result is binding. The Court is going to want proof of completion of any treatment programs recommended and assessed. If you receive a CD (conditional discharge) from the Court it is absolutely one in terms of that discharge. If you are not able to meet the Court's conditions, your case might be re-opened and your failure will be considered a violation of the Court's Order.

If your alcohol evaluation indicates a clean 'no treatment recommended' conclusion, it will often be helpful for your DUI lawyer New York to show the District Attorney why a term of probation as a condition of your final sentence is unnecessary. This report of No Treatment by an evaluator could also assist your attorney in getting an ADWI (Aggravated DWI) charge whereas your BAC was.18 or higher probably reduced to a 'regular' BAC over.08 New York DUI.

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