DUI (Driving under the Influence) is an offense in which a driver is rendered incapable of safely driving a motor vehicle due to impairment of alcohol intake or other drugs. The offense that may warrant arrest does not necessarily have to be the actual driving. Being in control of the car physically, even if it is stationary may still result into a criminal offense. Say for instance if a person is found in a parked car; on the driver’s seat while holding the car keys, they could still face charges. That being said, it is very important therefore to undergo an alcohol assessment test, in the event that you are arrested for DUI.
Relationship between an Alcohol Evaluation Test and a DUI case
In case you are arrested by the law enforcement authority for a DUI offense, then you are required to undertake an alcohol evaluation examination to decipher whether you are guilty or not. The judges and prosecutors ascertain the alcohol levels in the blood and are able to make a judgment from that. The assessment also helps greatly in evaluating whether the problem is a one-time problem, or whether you have a history with alcohol and drug abuse. The assessment can then be used to share with a probation officer who is doing the test to help you get the right case. In some cases, it can then be used to help you get the right kind of help, with a judgment from both a personal and legal point of view. The help can range from residential long-term treatments, one day treatment or having a one-day appointment with a specialist who can help deal with the problem.
Requirements needed at an Alcohol Assessment Test
When you have been arrested for a DUI offense, and are therefore subjected for an assessment test, you need to carry with you some important things for the test to be conducted. Some of these are listed below:
Someone who has known you for at least 18 years. This may either be a relative or close friend. They will help greatly in offering answers to some questions that will be posed about your alcohol and drug use.
A documentation having the results for alcohol and drugs, given to you by the police from your arrest.
Any medication (both over-the-counter and prescribed) that you were taking at the time of your arrest.
DUI Evaluation procedure
The DUI evaluation procedure often takes about 2.5 to 3 hours; during which the evaluator asks a couple of questions ranging from the following:
Alcohol and drug use history. Here you will be required to give a much-detailed description of the first time you ever got drunk, the specific alcohol taken as well as your drinking frequency.
Your family and medical history, and an inquiry on any disorders related to intake of drug or alcohol use. Here, you might also be asked of any medications that could lead to impairment of your ability to drive safely.
Any significant symptoms or problems that you might have experienced as a result of alcohol use. This may include indulging in any irrational behaviors such as fights, as a result.
Your full driving records. This may include any other alcohol and drug-related offenses you have had in the past.
Implications of the Alcohol Assessment Test in relation to a DUI case
Once you have completed the assessment test, the evaluator in charge is able to decipher the level of risk posed into the following categories:
Non-Problematic Alcohol and Drug use. This is often considered to be a minimal risk.
Problematic Alcohol and Drug use. This is moderate risk.
Alcohol and Drug dependent use. This is considered to be a significant recovery risk.
Alcohol and drug dependent. This entails the active use of alcohol/drugs and is considered to be high risk.
Based on the above-mentioned categories, the court may object you to a sentence as discussed below:
Minimal Risk: 4 classroom sessions and 10 hours of DUI risk education
Moderate Risk: 12 hours counseling sessions for 4 weeks
Significant Risk: 20 hours substance abuse treatment and a counseling care plan.
High Risk: 75 hours substance abuse treatment and continued care plan.Read Full Article