Defense Attorney For DWI and DWAI Charges And Arrests
Many courts in New York State, including courts in the Rochester area, now have what are termed “drug court” or “drug treatment court” programs.
While the specific criteria for entry into one of these court programs may vary from court to court, individuals arrested for alcohol-related driving offenses often are eligible for these programs.
In some cases, a court that offers a drug court program may strongly encourage participation as a way to avoid incarceration.
Drug court programs are designed to encourage individuals facing charges related to substance abuse – such as driving under the influence of alcohol or drugs – to enter into court-monitored treatment for substance abuse.
The incentive given to defendants to enter into such programs is the promise of a plea to a reduced charge or at least a reduced sentence upon completion of the program.
As a result, the program must be completed while the charge is still pending, and further proceedings in the criminal court are often put on hold during drug court participation.
A defendant participating in drug court will usually be required to participate in an intensive, court-monitored program of group and individual substance abuse counseling.
The defendant waives some of his or her constitutional rights while participating in the program and consents to conditions such as random breath tests and regularly reporting to the court.
There are several different sanctions, including jail time, that the court may impose if the defendant does not comply with the program conditions.
The length of the program varies, but it typically lasts from six to twelve months.
If the defendant successfully completes the program, he or she usually will receive a plea to a reduced charge or a lesser sentence.
We are experienced DWI defense lawyers who can help you navigate the legal system.
If you have any legal questions, call us at 585-484-7432.