DISSECTING A DWI
Drug/Alcohol Evaluation
in New York
Getting to Causation in DWI Assessments
In 2016, the vast majority of those accused of a NYS DWI or DWAI will require a drug/alcohol assessment at some point in their case. The truth is that any criminal case- or sometimes even a high violation (amount or degree) non-criminal case- will necessitate a mental and/or drug assessment. The why is because judges and prosecutors want to nip "cause" in the butt.
Is there a deeper underlying causation to this criminal or violating behavior?
In times past, this assessment would occur either before, during, or after the case was resolved. It also used to be that only those with a 0.15 Blood Alcohol Concentration at time of arrest were legally obligated to get one.
The truth is many Courts (Judges) and Prosecutors will not finalize (sentence) a case without having one. Many Judges will also condition their sentencing upon the completion (with proof) any and all recommended treatment based upon this evaluation.
Assessments are important to the disposition of your case because they can influence the DWI plea offer made by the District Attorney, and the final sentencing by the Judge.
So now that we have established the importance of the eval to your DWI or DWAI drugs case- what happens at an OASAS evaluation?
What is used by the evaluator to make an OASAS assessment?
1. The evaluation is an INTERVIEW.
2. There is NO specific alcohol evaluation versus drug evaluation. Alcohol is a drug. The evaluator wants to know about all use of any and all substances.
3. The evaluation is many mini-assessments about every area of your life.
The Anatomy of a New York DWI/DWAI Evaluation
I. Psycho-Social HISTORY.
A thorough History of everything your lifetime of behavior.
This will involve many of the following areas:
1. YOUR Use of All substances
2. YOUR Physical Health.
3. YOUR Mental Health.
4. YOUR JOBS/Education
5. YOUR Social/Leisure LIFE.
6. YOUR Family issues.
7. Legal Assessment.
8. Gambling Assessment.
9. Military Service.
10. Spirituality/Religion.
II. Tests: MAST (Michigan Alcohol Screening Test) or RIASI
III. Collateral Sources: family, friends, co-workers
IV. Urine screen for drugs
V. Review of current DWI, DWAI charges and arrest paperwork
VI. Review of past driving history (DMV abstract)
VII. Signed consent to provide information to DMV, Court, Attorneys
The evaluator in 2016 will then use the DSM-V to make a definitive diagnosis (diagnoses). The new DSM-V has all new criteria and prior abuse/dependency language has changed.
Now we have alcohol use disorder, marijuana use disorder, internet use disorder, caffeine use disorder...you get the idea with varying degrees. Then the evaluator has to make a determination of what they feel you need or don't need.
We have written about this in prior blog posts and will continue to expand on this (the changes) as the guidelines are placed into use.
If you have questions about your DWI or DWAI drugs charge in New York, call us at:
607-229-5184
Or find us online!
www.ithacadwi.com
www.watkinsglendwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
BY NEWMAN & CYR
Copyright 2016. Educational Use Only.
