Understanding the New York Intoxicated Alcohol and Drug Evaluation Process

You will likely have to take a drug/alcohol test/evaluation for your DWI arrest in New York for the following three reasons:

1. Under New York State law, an alcohol/drug screening and evaluation test is required if your BAC (Blood Alcohol Concentration) at the time of your arrest (as measured by breath test) was 0.15 BAC or higher.

2. It is often helpful to have your attorney provide you with a drug/alcohol evaluation prior to negotiating a guilty plea to your charges. The results of an assessment may demonstrate one of two things: (a) that your conduct on the night of the arrest was a single event and not a pattern of alcohol misuse behavior or (b) may show that you are now choosing to proactively address a problem with your drug and/or alcohol use.

3. The alcohol test/evaluation is part of the DMV’s DDP (Drunk Driving Program) and must be taken in order to obtain a conditional driving privilege. This is true whether your final plea is for DWAI, DWI, or ADWI. Completion of the program is based on following up on treatment recommendations made by the OASAS (Office of Alcohol and Substance Abuse Services) certified provider. They have a great website to locate providers in your area, just google OASAS.

There is Three things What you need to do before you have your alcohol test/screening:

ONE: To allay your fears and give you a good idea of ​​the types of screening questions you are being asked, you should read the MAST (Michigan Alcohol Screening Test), which is available online. Within the DDP program, the alcohol assessment is a questionnaire/form to determine if you need further assessment/assessment by a provider.

TWO: You must be prepared to be honest and truthful with the evaluator. It is important to your long-term health and well-being that if alcohol and/or drugs are the reason for your current criminal charges, the underlying causes can be addressed.

NOTE: Although DWI recidivism rates are very low (approximately 3-4%), the dangers to you and others from a second instance of driving under the influence of any drug or substance can be considerable. In New York State, DWI arrests for the second time within a ten-year period are Class E felonies and the prosecution seeks jail sentences that can range from 1 to 3 years.

THREE: You should be prepared to follow all recommended treatment. You have the right to a second evaluation/opinion. This second alcohol assessment and the final result is binding. The Court will want proof of completion of the recommended and evaluated treatment programs. If you receive a CD (conditional release) from the court, this will be one of the terms of that release. If you do not comply with the Court’s conditions, your case may be reopened and your failure to do so will be considered a violation of the Court Order.

If your alcohol evaluation indicates a clean final conclusion of “treatment not recommended,” it will often be helpful for your attorney to show the prosecutor (Assistant District Attorney) why a period of probation is not necessary as a condition of your final sentence. This report of no treatment by an evaluator can also help your attorney obtain an ADWI (aggravated DWI) charge where your BAC was .18 or higher, possibly reduced to a “regular” BAC above .08 DWI.

I hope this article sheds some much-needed light on the DWI alcohol evaluation process.