Three Things You Must Know Before Going to Your DWI Alcohol Eval

You must be prepared for your alcohol/drug evaluation. Do not go before reading this informative article.

It is likely that you will have a drug/alcohol screen/evaluation for your arrest for DWI for the following three reasons:

1. Under NYS law, an alcohol/drug screening and evaluation is mandatory if your BAC (blood alcohol concentration) at the time of your arrest (as measured by the breath test) was .15 or higher.

2. The results of an evaluation can prove helpful to your lawyer for plea bargaining purposes to demonstrate that your conduct on the night of the arrest was a one time event, and not a pattern of alcohol abuse behavior.

3. The alcohol screening/evaluation is part of the DMV's DDP (Drinking Driver Program) and must be done to obtain a conditional driving privilege. The program's completion is predicated upon a follow through with any treatment recommendations made by the OASAS (Office of Alcohol and Substance Abuse Services) certified provider. They have an excellent website to locate providers in your area, just put OASAS into google.

My advice before having your alcohol screening/evaluation:


Read through the MAST (Michigan Alcohol Screening Test) to have an idea of the type of questions that will be on the screening forms. Within the DDP program the alcohol screening is a questionaire/form to determine if you need an evaluation/assessment by a provider.





Drug & Approximate Time Period of Detection

Alcohol 6–24 hoursAmphetamines 2–3 daysBarbituates 1 day to 3 weeksBenzodiazepines 3–7 daysCocaine 2–5 daysEuphorics (MDMA, Ecstasy) 1–3 daysMarijuana (THC) 7–30 days (mild use - moderate use - frequent/chronic use)Steroids (anabolic) 14–30 days




If you are determined to be a drug abuser (having drugs in your system that are unreported, unprescribed, and/or illegal) you will get a treatment recommendation of 3-12 months time. This is usually a twelve step based group and/or individual program with a frequency of 2-3 times per week.This program is likely to include follow up drug screens, and an order to completely stay away from drugs and alcohol. Note: You are allowed to obtain one second opinion concerning your evaluation. This second evaluation is then the final one for the Court.



