It is likely that you will have to take a drug/alcohol screen/evaluation for your arrest for a New York DWI for the following three reasons:
1˳ Under NYS law, an alcohol/drug screening and evaluation is mandatory if your BAC (blood alcohol concentration) at the time of your arrest (as measured by the breath test) was a BAC 0˳15 or higher˳
2˳ It is often helpful to have a drug/alcohol evaluation provided to your attorney prior to negotiating a plea on your charges˳ The results of an evaluation can demonstrate one of two things: (a) that your conduct on the night of the arrest was a one time event, and not a pattern of alcohol abuse behavior or (b) it can show that you are now choosing to proactively address a problem with your use of drugs and/or alcohol˳
3˳ The alcohol screening/evaluation is part of the DMV’s DDP (Drinking Driver Program) and must be done 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) certified provider˳ They have an excellent website to locate providers in your area, just put OASAS into Google˳
There are THREE things you must do before having your alcohol screening/evaluation:
ONE: To allay your fears and give you a good idea of the types of screening questions asked you should read through the MAST (Michigan Alcohol Screening Test), it is available online˳ Within the DDP program the alcohol screening is a questionnaire/form to determine if you need further evaluation/assessment by a provider˳
TWO: You must be prepared to be honest and truthful with the 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: Even though DWI recidivism rates are very low (approximately 3-4%), the dangers to yourself and others from a second instance of driving while under the effect of any drug or substance can be substantial˳ In NYS, second time DWI arrests within a ten year time frame are Class E Felonies and the prosecution seeks jail sentences which can range from 1 to 3 years˳
THREE: You must 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 this will be one of terms of that discharge˳ If you fail to meet the Court’s conditions your case can 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” final conclusion that will often be helpful for your attorney to show the prosecutor (Assistant District Attorney) why a term of probation as a condition of your final sentence is not necessary˳ This report of No Treatment by an evaluator can also assist your attorney in getting a ADWI (Aggravated DWI) charge where your BAC was ˳18 or higher possibly reduced to a “regular” BAC over ˳08 DWI˳
I hope that this article sheds some much needed light on the DWI alcohol evaluation process˳
Source by https://ezinearticles˳com/?Understanding-the-New-York-DWI-Alcohol-Drug-Evaluation-Process&id=2238697
