You will likely need to take a drug/alcohol test 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 more.
2. It is often helpful to have your attorney provide you with a drug/alcohol evaluation before negotiating a plea to your charges. The results of an assessment can show 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 test/assessment is part of the DMV’s DDP (Drunk Driving Program) and must be completed 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 the treatment recommendations made by the OASAS (Office of Alcohol and Substance Abuse Services) certified provider. They have a great website for locating providers in your area, just put OASAS into Google.
exist Three things What to do before submitting to your alcohol test/evaluation:
A: To allay your fears and give you a good idea of the types of screening questions you are asked, you should read the MAST (Michigan Alcohol Screening Test), which is available online. Within the DDP program, the alcohol screening is a questionnaire/form to determine if you need additional screening/assessment from 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 subject of 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 significant. 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 must be prepared to follow all of the recommended treatment. You have the right to a second evaluation/opinion. This second evaluation of alcohol and the final result is binding. The Court will want proof of completion of 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 comply will be considered a violation of the Court Order.
If your alcohol evaluation indicates a clean final conclusion of “no treatment 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 arrest. final sentence. This failure to treat report by an assessor may also help your attorney pursue 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.