Who Has The Authority To Require Alcohol Treatment In Rochester?

Experienced Rochester DWI lawyers have seen the role of alcohol treatment in drinking and driving cases develop from an option that may be voluntarily pursued by the defendant or imposed at the Court’s option to something that is mandatory in many DWI cases.

Aside from situations where alcohol treatment is mandatory, there are multiple parties that may require a defendant convicted of drinking and driving to participate in an alcohol treatment program.

The Court may require alcohol treatment as a condition of a defendant’s sentence, even in situations where alcohol treatment is not mandatory.

Aside from the Court, if the defendant chooses to participate in the Drinking Driver Program – which is required if the defendant wishes to hold a conditional driver’s license – the person running the program is also authorized to require additional alcohol treatment under certain circumstances.

This may happen if a screening test required by the Drinking Driver Program indicates treatment is necessary.

It may also be required by the Drinking Driver Program, however, if the defendant admits to having a drinking problem, attends class under the influence of alcohol, or has two or more incidents involving the use of alcohol or drugs within the past ten years.

While the prosecution in a DWI case does not have the authority to make a defendant participate in alcohol treatment, in some cases it may require alcohol treatment as part of a plea bargaining agreement with the defendant.

In such cases, the defendant may agree to alcohol treatment in exchange for being allowed to plead guilty to a lesser charge.

If you have been arrested for drinking and driving, it is important to understand all of the penalties that may be imposed.

We are available for a legal consultation regarding your case at 585-484-7432.

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