Thursday, January 19, 2017

Ithaca DWI Lawyer: Why the Impaired Driver Program and AA are NOT Treatment

New York State has Many OASAS Centers
for Alcohol and Drug Treatment 
If someone gets a New York DWI in 2017 they will most certainly have to have a drug / alcohol evaluation. If treatment is recommended then they will have to have alcohol treatment. But what you may think or feel is "alcohol treatment" the New York State DMV does NOT. Alcohol treatment in New York must be done by a "recognized" provider. To reinstate your driving privileges and to conform with most DWI Court conditions you must complete alcohol treatment. So when it comes to NYS alcohol treatment what exactly needs to be done and where?



New York State has the IDP: Impaired Driver Program for DWI Offenders


The NYS DMV IDP is a seven week 16 hour educational program. It is designed to help people to not reoffend, and it also allows them to get a NYS conditional driver's license while their full driving privileges are suspended or revoked. The program is NOT mandatory but it is usually something many people want to take if they want to drive in NYS after their DWI charge.

Remember DWAI carries a 90 day driver's license suspension.
DWI carries a 6 month license revocation.
An aggravated DWI carries a 12 month license revocation.
A person under 21 gets a 12 month license revocation no matter the DWI.
A DWI refusal carries a 12 month license revocation.

In NYS Everyone Gets an DWI Evaluation or Can Be Made to Get an Evaluation by the IDP 

Most judges will require a drug/alcohol evaluation before they sentence any DWAI or DWI or DWAI drugs charge. If any treatment is recommended, then this must be done as a term or condition of sentencing. If the case finishes with a CD (conditional discharge) then this is part of the discharge order. 

If YOU have More than One DWI within the Preceding Five Years the DMV will Require Treatment Before ReInstating Driving Privileges


What is New York State Alcohol Treatment?

The IDP, Impaired driving Program is NOT treatment.
Alcohol anonymous is NOT treatment.

Treatment is by a recognized treatment provider. In New York State this means an OASAS recognized treatment provider. The OASAS is the Office of Alcohol and Substance Abuse Services of the State of NY. Only officially certified (recognized) treatment providers can issue a DMV DS-449 upon successful completion of a program. Remember that treatment = Rehabilitation as far as the DMV and the Court are concerned.