Friday, December 7, 2012

Documents Needed to Complete an Alcohol and Drug Assessment in a DUI Case


If you have been arrested for a DUI offense then your attorney may ask you to complete an alcohol and drug assessment. This assessment is probably the most important thing a defendant can do to help their attorney negotiate the case with the Prosecution.

In order to complete the assessment the treatment agency needs several documents. Typically these documents are in the custody of the attorney and will be provided to the treatment agency. However if the attorney does not have the necessary documents then the client will have to get the necessary paperwork to complete the assessment. Below is a list of the documents needed and why?

Copy of police report: This is pretty self explanatory. If you're doing an alcohol and drug assessment due to a DUI arrest, then the treatment agency needs to see why you were arrested. They will review the police report in its entirety. Make notes on physical observations made by the arresting officer. Determine whether there are any signs of substance abuse or dependence based on an account of the incident.

Copy of driving abstract: In very rare cases an individual may be arrested for a DUI, but never charged. Typically with a DUI arrest the Department of Licensing will take some kind of administrative action against the drivers license. Treatment agencies understand this, and they want to see your driving record because of it.

Copy of criminal history: Again this may seem pretty self explanatory. But in order to fully determine whether a person has a substance abuse or dependence issue the treatment agency wants to look at the background of the client. That is they want to see if you have had any alcohol or drug related offenses in your history. If this is your first run in with the law then you have nothing to fear. But even if this is your first DUI, but you have a lengthy criminal history of drug and other alcohol related offenses the treatment agency may see a pattern of behavior.

The results of the breath or blood test: Lastly a treatment agency will want to review the breath or blood test results. They want to see what happened, whether the observations made by the officer and your self report of alcohol consumed is consistent with the breath or blood test results.

As stated above many of these documents are in the custody of the attorney. But in order for a Judge to find the assessment has been completed properly the treatment agency must review them. If the attorney does not have all of these documents then the client will have to figure out a way to obtain them in order to complete the assessment.




1 comments:

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