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Understanding the New York DWI Alcohol-Drug Evaluation Process
It is highly likely that you will undergo a drug/alcohol/drug test before you are arrested for New York DWI for the following three reasons:
1. Under NYS law, a drug test is mandatory if your BAC (blood alcohol concentration) at the time of your arrest (as measured by a breathalyzer) is BAC 0.15 or higher.
2. It is often helpful to have a drug/alcohol screening done by your attorney before negotiating a claim for your costs. The results of the test can show one of two things: (a) that your behavior during the night of the arrest was a one-time incident, and not a pattern of alcohol consumption or (b) it may indicate that you are now choosing to deal with your drug and/or alcohol use problem.
3. The alcohol test is part of the DMV’s DDP (Drinking Driver Program) and is required to obtain a driver’s license. This is true whether your last plea was for DWAI, DWI, or ADWI. The program is completed in accordance with the treatment recommendations from the OASAS (Office of Alcohol and Substance Abuse Services) certified physician. They have a great website to find doctors in your area, just put OASAS into Google.
There is Three things you must do before having your alcohol screen/test:
IB: To reduce your fears and give you a good idea of the type of screening questions you should read from the MAST (Michigan Alcohol Screening Test), it is available online. In the DDP program the alcohol screening is a questionnaire/form to determine if you need further testing/evaluation by a doctor.
BOTH: You should be prepared to be honest and truthful with the appraiser. It is important to your health and long-term health if alcohol and/or drugs are the reason for your current criminal charges. language can be solved.
NOTE: Although the DWI recidivism rate is very low (about 3-4%), the danger to yourself and others comes from the second act of driving while under the influence of drugs or alcohol. can do a lot. In NYS, a second DWI arrest within a ten year period is a Class E Felony and the prosecution carries a potential prison term of 1 to 3 years.
PEB: You should be prepared to follow all recommended treatments. You have the right to a second evaluation/opinion. The second alcohol test and the final result is binding. The Court will require complete proof of the approved treatment and review. If you receive a CD (enforced release) from the Court this will be one of the details of the release. If you fail to comply with the Court’s conditions your case may be reopened and your failure to do so may be considered a violation of the Court’s Rules.
If your alcohol test shows “no treatment recommended” the last thing that will help is for your lawyer to tell the prosecutor (Assistant District Attorney) why what time of judgment according to the nature of your last sentence is not appropriate. This report of No Injury from the examiner can also help your attorney get the ADWI (Aggravated DWI) charge where your BAC is .18 or higher reduced to “normal” BAC over .08 DWI.
I hope this article sheds some light on the many aspects of the DWI alcohol testing process.
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