If you are convicted of drunk driving, your state will most likely require you to undergo a DUI evaluation. Usually, this consists of a substance abuse screening to determine the extent of your involvement with alcohol or drugs. You may also have to undergo a more comprehensive alcohol or drug assessment depending on the outcome of the initial screening.
While a DUI evaluation is ultimately for your benefit, it can be frightening to be asked to undergo this type of screening. This guide will help you understand what to expect so you can be as prepared as possible.
DUI Evaluations and Sentencing
DUI evaluations, also sometimes called a drug or alcohol assessment or a substance abuse evaluation, are common throughout the United States, but the rules and process can vary by location.
In a number of states, a DUI evaluation is required after you are convicted of an impaired driving offense but before sentencing. The judge can then take the outcome of the evaluation into account during the sentencing process. Completion of a DUI evaluation may also be required to participate in a diversion or deferred sentencing program or before a suspended license is restored.
The underlying purpose of the evaluation is to help you avoid reoffending and to get you any help you need in managing addiction or dependence on drugs or alcohol. With successful treatment, you can hopefully avoid the consequences of intoxicated driving going forward.
During the evaluation, the goal is to determine whether you struggle with addiction to alcohol or controlled substances and whether you face a risk of reoffending. This will affect the sentencing process, as those who are at significant risk could be required to complete more court-ordered treatment or DUI education.
You will be required to pay for a DUI evaluation, which must typically be performed in person by a licensed professional. You will be asked questions about your alcohol or drug use and the evaluator will review your answers along with details about your driving history, chemical test results, and more.
When Is a DUI Evaluation Required?
State rules differ on when you must go through a DUI evaluation. In many states, the evaluation is required after conviction but before sentencing. That’s because the outcome will determine the penalties and obligations imposed upon you. In other states, you will complete the evaluation after sentencing as a condition of probation.
Who Performs a DUI Evaluation?
DUI evaluations are performed by licensed agencies or evaluators who are approved by the state. Generally, the evaluation is conducted by one of the following professionals:
- Social workers
- Counselors
- Therapists
- Psychologists or psychiatrists
- Doctors
- Nurses
Typically, you will undergo the evaluation in the state where you committed the DUI offense. However, some states allow you to undergo the evaluation in your home location if you were arrested for drunk driving while out of town.
The DUI Evaluation Process
DUI evaluations involve in-person interviews that generally last around 45 to 90 minutes. You will be asked questions about your:
- Medical background
- Drug and alcohol use
- Drinking patterns
- Personal attitudes
Evaluators may also use specific screening tools including:
- The CAGE Questionnaire. You’ll be asked four brief questions including whether you’ve ever felt you should cut down on drinking; whether others have annoyed you by criticizing your drinking; whether you’ve felt bad or guilty about drinking; or whether you have ever had a drink first thing in the morning
- The Alcohol Use Inventory. This is a self-administered tool that is used when you believe you have an alcohol abuse problem
- The Substance Abuse Subtle Screening Inventory. Evaluators will use this to determine how serious your substance abuse is and how willing you are to make modifications to your substance use
The evaluator will compare your answers to your driving history and the results of chemical tests. You can decline to answer questions, but this can affect the outcome of your evaluation.
Depending on the outcome of the initial screening, you may also be asked to undergo a more thorough substance abuse assessment.
The DUI Evaluator Assigns You a Risk Level
In some states, you will be assigned a risk level as part of your DUI evaluation. The risk level determines the type of treatment the court orders. For example, you may be classified as:
- Minimal risk: This applies if you had a BAC below a certain threshold and no previous drunk driving convictions.
- Moderate risk: This can apply if you had a high BAC in your current case but no prior DUI convictions
- Significant risk: If you had previous DUI convictions or a high BAC, you may be assigned this risk level
- High risk: If you show signs of dependence on substances, you may be considered high risk even if you did not have previous DUI convictions on your record
Your risk level will determine how many hours of DUI education you are required to undergo, as well as what types of substance abuse treatment you must complete.
Other Possible Outcomes After a DUI Evaluation
Not all states use the same risk-level model, but the purpose of a DUI evaluation is the same across the country.
The goal is to assess what kinds of support you need after a DUI offense to try to avoid reoffending and to address any substance abuse issues. Possible outcomes of your evaluation may include:
- Required attendance at Alcoholics Anonymous or Narcotics Anonymous meetings
- Mandated DUI education courses
- Inpatient or outpatient treatment
- Drug or alcohol screening
You may also be eligible for deferred sentencing or diversion programs depending on the outcome of your evaluation.
Frequently Asked Questions (FAQs)
Do I need an attorney for a DUI evaluation?
If you have been accused of drunk driving, it is generally a good idea to reach out to a qualified criminal defense attorney as soon as possible. An attorney can help you to understand what to expect during the legal proceedings that will result and can provide advice on undergoing a DUI evaluation.
Be sure to look for a lawyer with experience handling DUI cases so you get the best legal representation when coping with serious criminal charges.
Can I refuse a DUI evaluation?
You have the right to withdraw from a DUI evaluation or to refuse to answer questions. You also have a right to request a second opinion from a different evaluator or to reject the results of the DUI evaluation.
However, refusal to participate could affect eligibility for diversion programs or could otherwise adversely impact your DUI sentence or your eligibility for probation. You do not want to refuse to undergo an evaluation without talking to a legal professional to fully understand the consequences of your decision.
Who pays for a DUI evaluation?
You will be required to pay the cost of the DUI evaluation. The cost varies by state but is generally under $200.
