If you were arrested for a crime involving drugs or alcohol, your attorney may request that you seek a drug or alcohol assessment that could be used for the purpose of negotiation. Additionally, there are circumstances in which the Court may require you to have an evaluation. A conviction for the following crimes may trigger a mandatory evaluation:
• DUI/DWI—Driving under the influence of alcohol or drugs
• MIP—Minor in possession
• Public intoxication
• Disorderly conduct
• Conviction for possession of drugs
• Physical control
• And, by discretion, any case where the crime involved drugs or alcohol
What You Will Need For Your Evaluation
Before you attend your evaluation, you will need to make sure that you or your attorney have provided the treatment agency with certain required documents. Those documents are: (1) the criminal complaint, (2) the arrest report with police narrative, (3) your criminal history, and (4) your driving abstract, which is usually provided in discovery but you may need to get it from the Department of Licensing.
You May Be Drug Tested
In nearly all cases, the evaluation will include a urinalysis to detect the presence of drugs or alcohol in your system at the time of the evaluation. If this will be a problem, you may want to discuss this with your attorney prior to making your appointment. Depending on your location, it may take a week to a month to get an appointment for the evaluation so consider this if you have strict timelines. Additionally, the report may not be ready and provided to your attorney or probation for another week or two. Be sure to ask your attorney who should receive a copy of the final report. You may want to see the recommendations before a copy is provided to the Court or Probation.
The entire interview with questionnaires and UA should take approximately 90 minutes. A summary of your answers, the UA result, and the court documents will all be referenced in the final report. It will also include a determination as to whether you have a problem with drugs or alcohol and the recommendations that are appropriate. These recommendations may range from an 8 hour ADIS class (Alcohol Drug Information School) to something as intense as in-patient treatment for an extended period of time. Other common requirements that may be ordered by the Court or recommendations by the evaluator are: AA meetings, substance abuse education classes, counseling, group support sessions, and random drug or alcohol testing.
If you have any other questions or concerns about an upcoming drug and alcohol assessment, it is important to talk with your lawyer. If the Court ordered you to have an evaluation, there are strict guidelines as to who can administer this evaluation. Not all agencies are approved by the Court and you don’t want to waste your money. So, when in doubt, seek the counsel of an experienced criminal defense attorney. At Witt Law Group, we offer free consultations 24/7 and can handle almost all matters over the phone, email, or zoom.