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Using substances while driving motor vehicles is an immensely dangerous issue, and in some cases, it might mean that the individual has a mental health problem. A DUI evaluation is an essential part of the legal procedures of sentencing, but it can also provide the client with specific information about themselves. This guide offers what people should know before they begin their assessment.
What Is a DUI Evaluation?
Also known as a substance abuse assessment, a drug and alcohol evaluation seeks to determine the likelihood of the person driving under the influence again. If someone has a substance abuse disorder (according to the Diagnostic and Statistical Manual of Mental Disorders), drug assessments can help determine the issue and redirect the person to addiction treatment programs.
In most cases, agents perform the court-ordered drug and alcohol evaluation. When they identify a substance abuse problem or an issue with drug use, then professionals will recommend various options, such as a treatment program, going to a counseling center, and so on.
DUI evaluations are mandatory for all people with a DUI conviction, regardless of whether or not they have substance abuse or a drug use problem. The DUI offender must go and the agent is in charge of providing an objective test score as well as a drug test.
When the person goes through the DUI evaluation process, professionals might also examine other aspects, such as their criminal history, and of course, their driving history.
The Purpose of a Substance Abuse Evaluation
Substance abuse evaluations have a very specific problem - professionals use them to determine the presence of necessary treatment in case the driver has a substance abuse problem.
In other words, DUI evaluations are beneficial for the person because if they do have an issue, they probably don't want to cause more trouble, get jail time, or have any more issues with their driving record.
Instead, an alcohol and drug use assessment allows the person to seek a treatment provider, which might allow them to get their driving privileges back after some time.
When Do People Have to Go Through Drug and Alcohol Evaluations?
The judge usually orders people to go through an evaluation process immediately after the vehicle problem. They often tell drivers to start this assessment even before sentencing them for a DUI.
The individual must comply with their own requirements when they go get the in-depth evaluation. At the same time, they have to pay for it. However, if they can't afford it, they could get a provider to evaluate them at a reduced rate.
Who Performs the Alcohol and Drug Evaluation?
People often worry about who evaluates them. fearing that they might be at risk of others finding out about what happened. However, this is not possible.
Specific organizations are in charge o substance use evaluations. Additionally, even though the judge, the person's lawyer, and the client themselves know who they are, this information is not public knowledge.
Since the individual's lawyer knows confidential information, the attorney-client relationship is essential, especially if the client wants to feel confident during the process. Sparks Law Firm offers various legal experts who can guide people through the process, and their vast knowledge and strong work ethics make them the ideal professionals to hire.
The Drug and Alcohol Assessment Process
During the evaluation, the evaluator assesses the individual's driving history, test score, interview answers, and chemical test results. The client must be in a face-to-face interview with the evaluator, and they ask about their past drug and alcohol use, previous convictions or arrests, and if they are on record or not.
If the individual provides the evaluator with inconsistent answers, lies, or refuses to answer, they will notice. Thus, one of the first suggestions that an attorney might give is to answer truthfully.
The Evaluator Assigns a Risk Level
The judge assigns penalties depending on the results of the evaluation. Once the evaluator gathers all the information they need, this goes to court, and the judge uses the information provided to decide what the individual must do next.
After the evaluator gathers everything they need, they assign a risk level, which is the likelihood of the individual driving again while using drugs or alcohol. Risk can be minimal, moderate, significant, or high, and all of this goes in a report.
Most states require people to complete some DUI education regardless of the risk level. However, depending on the severity of the person's substance abuse program, they might also be required to go to a counseling center and enroll in a treatment program.
Possible Outcomes During a DUI Evaluation
Some other things might happen, especially if the individual does not cooperate during the evaluation. On the one hand, the judge might delay the sentencing process because they cannot sentence without the evaluation's results.
On the other hand, the client might have to pay for another evaluation. Lastly (and this is probably the gravest consequence), the individual's driving privileges may be revoked, or they could lose them completely.
People should also keep in mind that the previously mentioned consequences are in addition to the usual outcomes, which include time in jail, fines, probation, court fees, and other sanctions that the law suggests.
People's Rights
Once someone starts the evaluation process, they have the right to withdraw, regardless of the stage they're in. Furthermore, they can reject the results once they complete the evaluation, and look for a second opinion if they wish to do so.
Circumstances might change depending on the individual, which is why it's so essential that clients get legal help. A new evaluation with a different expert might help them, but they should consult their options with a Sparks Law Firm attorney first.
Clients Should Contact a Lawyer
When someone has a substance use or addiction problem and drives, they are at risk and put others in danger too. Finding the ideal treatment plan is essential, and it's something they might be able to identify once the judge sentences a DUI evaluation. However, if the individual wants to go through a smooth process, they should hire the best DWI attorneys in Fort Worth TX such as the ones at Sparks Law Firm. Also, if you are wondering which is worse between a DUI and a DWI, they can help find answers.
For other concerns regarding DUI cases, such as how long after DUI does one need SR22, get in touch with our team of lawyers to know more.
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