A Rochester driver arrested for DWI or a similar offense may be required to undergo an evaluation for alcohol or drug use.
New York State law requires that at arraignment (which is usually the first court appearance) or, at the discretion of the court, prior to sentencing, a person charged with an alcohol or drug related driving offense must undergo either mandatory screening or a mandatory assessment.
This may be required even though the driver has not yet been convicted of any offense.
First time violators charged with Driving While Ability Impaired by Alcohol, Driving While Intoxicated, or Driving While Intoxicated per se with a breath test result of less than .15%; or who refused the chemical test, will be required to undergo a mandatory screening by a treatment professional using a standardized written screening test.
If the screening indicates the driver is abusing or dependent upon alcohol or drugs, he or she then must undergo the additional step of a mandatory assessment.
A driver also will be required to undergo a mandatory assessment when charged with Aggravated Driving While Intoxicated or when charged with either Driving While Intoxicated or Driving While Intoxicated per se accompanied by a breath test result of .15% or greater.
The assessment is also mandatory if the driver is charged with any alcohol or drug related driving offense and either has one prior conviction for any alcohol or drug related driving offense, Vehicular Assault or Vehicular Manslaughter within the last five years; or has two such convictions within the past ten years.
If the assessment indicates that alcohol or drug abuse treatment is required, the court must order the defendant to undergo such treatment as a condition of any sentence of probation or conditional discharge.
The laws surrounding drinking and driving charges in New York can be very complicated. We are experienced DWI lawyers who can help you at 585-484-7432.