The likelihood is that you will have to take a drug/alcohol screen/evaluation following a New York DUI arrest mainly because under New York law, an alcohol/drug screening as well as evaluation is obligatory if your BAC (blood alcohol concentration) throughout the time of your New York DUI arrest (as measured by the breath test) was a BAC 0.15 or more.
It is generally helpful to have a drug/alcohol examination provided to your DUI lawyer New York just before negotiating a plea on your charges. The end results of an evaluation can show that your conduct on the night of the New York DUI arrest was a one-time event, and not a pattern of alcohol abuse conduct and it could certainly show that you are now choosing to proactively deal with a problem with your use of drugs and/or alcohol.
The alcohol screening/evaluation is section of the DMV's DDP (Drinking Driver Program) and has to be done to get a conditional driving privilege. This is certainly true whether your final plea is to a DWAI, DWI, or ADWI. The program's conclusion is predicated upon a follow through with any treatment advices made by the OASAS (Office of Alcohol and Substance Abuse Services) authorized provider.
You will find 3 things you need to do before having your New York drunk driving screening/evaluation:
1) To allay your doubts and give you a great idea of the types of screening questions asked, you should read through the important tests that are available online. Within the DDP program, the alcohol checking is a questionnaire/form to determine if you need further evaluation/assessment by a provider.
2) Be ready to be honest and truthful with the Newyork DUI evaluator. It is important for your long term overall health that if alcohol and/or drugs are the reason for your current criminal charges the underlying causes can be attended. Note that even though DWI recidivism rates are incredibly low (approximately 3-4%), the hazards to yourself and others from a second instance of driving as you are under the effect of any drug or substance can be substantial.
3) Be ready to follow through on all recommended treatment. You are qualified a second evaluation/opinion. This second alcohol evaluation and the final result is binding. The Court is going to would like proof of completion of any treatment programs recommended and assessed. If you obtain a CD (conditional discharge) from the Court this will be one in terms of that discharge. If you are not able to meet the Court's conditions, your case can be re-opened and your failure will be thought about a violation of the Court's Order.
If your alcohol evaluation shows a clean 'no treatment recommended' conclusion, it will often be helpful for your DUI lawyer New York to explain the District Attorney why a term of probation as a condition of your final sentence is not required. This report of No Treatment by an evaluator can also assist your attorney in getting an ADWI (Aggravated DWI) charge whereas your BAC was.18 or higher possibly reduced to a 'regular' BAC over.08 New York DUI.
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