Being that my legal case is still so new neither my police report nor court case have been filed with the city. I have not met with any attorneys yet so if I were to go and get an alcohol assessment and U.A. on my own in order to prove that I was not under the influence of drugs will the results be considered official and be valid in court?
A substance abuse evaluation and U.A. is always a good thing to get done early in the process for several reasons. First, at arraignment the court can set conditions of release pending trial (FYI- the court will probably have a brief synopsis of the police report if not the whole thing). These may include bail, home monitoring, day reporting, SCRAM bracelet, interlock ignition device or whatever the court deems appropriate to protect the community and assure a person's appearance. Anything that you can do to show the court that you are not likely to continue to drink and drive while the case is pending will be helpful in minimize the likelihood of these conditions. Second, if you are convicted or enter a plea the court will require you to do these things. It is far better to know up front what you are facing in the way of treatment (if any). Finally, a early evaluation that indicates you do not have a problem can help with negotiations.
What the evaluation and U.A. won't do is show that you were not under the influence at the time of driving. Instead, good DUI defense involves attacking the admissibility and credibility of the evidence they will offer against you. Remember that the burden is on the prosecutions to prove you were affected by alcohol or drugs beyond a reasonable doubt.
Recommendations for treatment can vary wildly from agency to agency. It does matter where you go to do your evaluation. Get an attorney, work with your attorney to pick the right agency., then get an evaluation.
Most often, I advise my clients to get their evaluation soon after reviewing their case. The court can't and won't require it as a condition. If you're charged, you're better off spending your time and resources hiring a skilled and qualified DUI Attorney. Someone who can guide you step by step through the process and tell you when and how to get these things done to minimize the consequences to you.
Remember - DUI carries MANDATORY JAIL and LICENSE consequences. Hire a lawyer immediately.
Feel free to call me for a FREE CONSULTATION.
Thre are certian hair follicle tests that can ceck for drug and alcohol consumption for 3 months. Certain UA test go back a few days so the answer to one part of your question depends a lot on when you were subject to a traffic stop.
I think getting an alcohol assessment can be a good idea but I think having a free inital consultation with a lawyer--which many lawyers provide--can help determine whether that is the right approach for your case and which treatment provider is the best to adress the issues.
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