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Treatment or Jail for Drunk Driving (DUI)
It has been proven that individuals arrested for alcohol and drug related offenses who are identified and begin treatment quickly are more successful than those whose entry into a community- based treatment program is delayed. Many studies nationwide have confirmed that more time in treatment leads to more positive post-treatment outcomes on measures such as alcohol and drug use, criminal activity and employment.
Some contend treatment, per se, does not contribute to the overall effectiveness of drug courts and instead, judicial supervision makes the greatest difference. Contrary to this position, evidence indicates that treatment can make a difference. Comprehensive evaluation on each offender with the appropriate placement into treatment has proven effective in preventing future relapses while attempting to keep his or her family in tact. When we treat an offender, we treat the whole family. Most treatment programs include some type of family component. Family involvement would include educating family members on both alcoholism as well as the treatment/recovery process.
Options for minimizing jail time
In our experience, effective representation for DWI/DUI offenders includes an effort by counsel to make a client better at the conclusion of their case than they were when it started. Successful substance abuse counseling equips the client with adequate strategies to reduce the likelihood of a relapse in the use of alcohol and or drugs. As a result, a criminal defense attorney often must work closely with the substance abuse counselor to ensure a successful outcome for the client, both in court and in their personal life. Ultimately, the goal of the attorney is to avoid having the client offend repeatedly.
Repeat DWI/DUI offenders
For repeat offenders, Judges and probation officers may agree on long term treatment options, i.e. 30-90 day residential treatment to be followed by living in a half-way house setting. Long term treatment is appeasing to the system as they see it as an alternative to doing time behind bars. One way or other, offenders will suffer consequences for their choices and actions.
Dual Diagnosis
Many people suffering from mental illness or dual-diagnosed disorders cycle through the criminal justice system across the nation. Many defendants are never properly diagnosed and therefore lose their best chance for successful recovery. National studies indicate that 16% of the jail population suffers from some form of mental illness that poses significant challenges for judges. As an alternative to incarceration, drug courts typically aspire to reduce time that defendants spend in jail or prison. Drug courts save money over the long term.
Alternatives & Options
With the recidivism rate on the rise, the judicial system across the country is looking for alternatives that can help break the cycle of addiction. Proper assessment of the client with the appropriate treatment recommendations becomes crucial. Today’s substance abuser comes multi-faceted with a host of other issues to include mood disorders, trauma issues, family dysfunction, and medical related issues. In order for treatment to be successful, all issues must be addressed simultaneously. In addition, aftercare treatment, is also imperative to continue the monitoring of the client through outpatient treatment, mental health related links, identifying a sponsor and regular attendance to self-help (AA) support meetings. Probation officers look at key elements when they evaluate a DWI/DUI client which include how immediate did the client engage in treatment following his or her arrest, how cooperative are they in treatment, do they recognize the fact that they have a problem, did they take the initiative to get into treatment before being court ordered, do they take responsibility for their actions especially if an accident occurred and they may have hurt someone else, and are they a repeat offender? Their responses to these questions can make the difference between recommendations to go to jail or probation after successful completion after treatment.
Remember:
If you drink and drive….They don’t serve alcohol in prison
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