dwi in north carolina amy l. bauer, ms, lcas, ccs gary kaufmann, lpc, lpcs, lcas, ccs
TRANSCRIPT
DWI in North CarolinaAmy L. Bauer, MS, LCAS, CCSGary Kaufmann, LPC, LPCS, LCAS, CCS
Agenda DWI and the laws of NC and statistics Assessments and treatment in NC
Clinical interview Clinical tool i.e. SASSI (Gary Kaufmann) E508 Driving records and Interlock system ADETS, short and long term, SAIOP, inpatient Out of State DWI’s Difference between DWI assessment and DMV
eval
Statistics – obtained from MADD website
In 2010 more than 32% of all fatal crashes in NC involved alcohol
In 2010, 43% of NC high school students reported drinking alcohol in past 30 days
An average drunk driver has driven drunk 80 times before first arrest
MADD serves a victim or survivor of drunk driving every 9 minutes
MADD estimated that this year, 10,839 people will die in drunk-driving crashes – one every 50 minutes
1 in 3 people will be involved in an alcohol related crash in their lifetime
1 in 3 8th graders drinks alcohol 50-75% of convicted drunk drivers
continue to drive on a suspended license 1 in 5 teens binge drink
Teen alcohol use kills about 6000 people each year, more than all illegal drugs
Car crashes are the leading cause of death of teens and 1 out of 3 of those is alcohol related
Kids who start drinking young are seven times more likely to be in an alcohol related crash
High school students who use alcohol to other substances are five times more likely to drop out of school or believe good grades are not important
Every minute, one person is injured from an alcohol related crash
BAC for a DWI in NCUnder 21 Zero Tolerance
21 or older .08
Commercial .04
DWI proven in 1 of 2 ways:1. Proving the driver’s physical or mental
fitness (field sobriety test)2. BAC
DWI charge categories Misdemeanor Aid and Abet Impaired
Driving Misdemeanor Drive After Consuming Misdemeanor Driving While Impaired Misdemeanor DWI Commercial Vehicle Felony Habitual Impaired Driving
DWI 9 conviction categories Not guilty No probable cause Voluntary dismissal by prosecutor Dismissal with leave to reopen Guilty of charge other than impaired driving Habitual impaired driving Aid and abet impaired driving Drive after consuming DWI Level 1 DWI Level 2 DWI Level 3 DWI Level 4 DWI Level 5 DWI commercial vehicle
Penalties for DWI in NC1st offense 2nd offense 3rd offense
Minimum jail 24 hrs. (level 5)
4 days 14-30 days (up to 2 yrs)
Fines & Penalties
$200 (level 5)
Range depends on level
Range depends on level
License Suspension
60 days to 1 year
1-4 yrs. (if previous DWI was w/in 3 yr)
1 yr to perm. (if last DWI was w/in 5 yr)
Interlock required
None Required If license restored, required for 7 years
Levels and gross aggravating factorsLevel
Factors
Min. Sentence
Max Sentence
If suspended,probation
Max fine
1A 3 GAF 12 mo. 36 mo. 240 days $10,000
1 2 GAF or 1 minor
30 days 24 mo. 30 days $4,000
2 1 GAF 7 days 12 mo. 7 days $2,000
3 Agg>Mitig 72 hours 6 mo. 72 hrs or CS $1,000
4 Agg=Mitig 48 hours 120 days 48 hrs or CS $500
5 Mitig>Agg 24 hours 60 days 24 hrs or CS $200
Grossly Aggravating Factors -- GAF A conviction of n offense involving impaired driving within 7
years of current DWI A conviction of DWI ager the date of offense for the current
DWI but prior to or at the same time as the present sentencing A conviction for DWI that was in district court; case appealed
to superior court; appeal withdrawn, or the case has been remanded back to district court; and a new sentencing has not been held
Driving with a revoked license for a prior DWI when committed current DWI
DWI caused serious injury to another person at the time of the offense
DWI with child under age of 18 in vehicle
Aggravating Factors Gross impairment while driving or BAC of .15 or more Reckless and dangerous driving Negligent driving that led to a reportable accident Driving while license revoked 2 or more convictions of a vehicle offense not involving impaired
driving for which at least 3 points are assigned One or more DWI prior to the 7 years of the current offense Person is convicted of speeding while fleeing or attempting to
elude apprehension Person is also convicted of speeding at least 30 mph over the
limit Person is also convicted of passing a stopped school bus Any other factor the judge finds aggravates the
seriousness of the offense
Mitigating Factors Slight impairment of .09 or less Safe driving record, no conviction of at least 4 points , or
no history of revocation Impairment due to medical issue Voluntary mental health assessment with voluntary
participation in the recommended treatment Completion of SA assessment, comply with
recommendations, AND maintain 60 days of continuous abstinence from alcohol consumption, as proven by a continuous alcohol monitoring system (must be approved by DOC)
Any factor that the judge finds that mitigates the seriousness of the offense
Refusal to take chemical test in NC
1st offense 2nd offense 3rd offense
Refusal to take test
1 year license suspension; interlock too*
No statutory provision
No statutory provision
The Implied Consent law in North Carolina You agree to submit to a chemical test
of your blood. breath, or urine if an officer of the laws suspects that you are driving while intoxicated/impaired
If you refuse such a test your drivers license will be immediately suspended for 30 days followed by a hearing in which the court could suspend your license for an additional 12 months
Ignition Interlock Device A breathalyzer like device connected to the vehicle
dashboard or other location inside the vehicle Required if BAC is .15 or higher Required if there is a second offense of DWI within
7 years after a prior impaired driving conviction License will not be reinstated without completing
the IID requirement* Requires the driver, prior to starting the vehicle, to
breath into the device If the IID detects that there is a BAC above the
programmed limit, the vehicle will not start
IID
How it works… Blow into mouthpiece A fuel cell will detect or not detect
BAC If no BAC, the fuel cell triggers a
relay to stay closed and the car will start
If BAC is detected, fuel cell triggers a relay to stay open and the car will NOT start
“rolling retest” is when the IID notifies the person driving that a test is required to perform; you pull over and breath into the IID
Can I “trick” the device?
Even if a person is able to find a way around the IID, when the events are reviewed (all events are recorded), one is likely to make their bad situation worse
If IID detects tampering it will request a “rolling retest” which requires you to pull over and repeat the requested event
IID general info Who pays – the person convicted of the charge
installation ($100 and up) monthly fees ($50 and up)
A person is not able to reinstate drivers license until IID is installed for the length of time determined by state law
If a person has more than one vehicle they drive, one must install in all vehicles
If you share a vehicle with other family members, the family members must get trained and tested to blow into the device.
Must install IID if you have been convicted of DWI with BAC .15 or higher, or if you have a prior DWI within past 7 years
Overall General DWI Laws Allow enforcement agencies to set up roadblocks to check for impairs
drivers (Booze It Loose It Bus) Prohibits drivers from consuming ANY alcohol beverage while driving Prohibit the transport of an open container including passenger area Prohibit the possession of alcoholic beverages (open or closed) in the
passenger area of a commercial vehicle while on a highway, street, or public vehicular area
Provides different levels of severity of punishment based on severity of offense
Requires jail time for second DWI conviction Attempts to punish DWI drivers but also tries to help them with
identifying or treating problems Those with lower BAC’s to do alcohol safety school (ADETS) Requires DWI to obtain SA assessment prior to reinstatement of
driving privileges
Alcohol and the Young DriverOne year revocation for the following: Any underage person who attempts to purchase or
purchases alcohol Any underage person who aids or abets another who
attempts to purchase or purchase alcohol Any underage person who obtains or attempts to
obtain alcohol by using or attempting to use a fake ID or DL
Any person who permits he or her DL or any other ID to be used by an underage person to purchase or attempt to purchase alcohol
Any person who gives alcohol to any underage person
The DWI Journey
Drink & Drive Stop by police FST Arrested Vehicle securedBreath test .08 or less
.08 or greater charged with DWI Court….. Not guilty – done…
Guilty – SA assessmentNo handicap/no diagnosis
ADETS Complete class Center completes 508 Form 508 Form sent to DWI
services DMV lifts “STOP” from client 508 Form posted to client
record at DMV DWI shows complete on
DMV record
Handicap/Diagnosis Treatment recommended Complete treatment Center completes 508 Form 508 Form sent to DWI
services DMV lifts “STOP” from client 508 Form posted to client
record at DMV DWI shows complete on
DMV record
SA Assessments/Treatment Assessments must be conducted by a CSAC or LCAS* at an
approved licensed DWI facility with DWI facility code; a person licensed by the NC Medical Board or the NC Psychology Board; a physician certified by ASAM
Treatment can be done by either a registered, intern/provisional/associate, or fully credentialed CSAC or LCAS
Assessment can only be completed and results given if following materials are obtained and reviewed: Complete driving record history from DMV BAC ticket ** $100
DWI assessment elements Face to face clinical interview including DSM diagnosis and ASAM Releases for 42 CFR Part 2, DMV, DMH/DD/SAS, area authority, DOC, court,
lawyer if applicable Approved standardized test/clinical tool such as SASSI and Results of SA clinical tool – review with client Complete Driving Record from DMV If person is recommended treatment, agency must provide in writing the
outcome/recommendations and give to client a list of available treatment facilities within the county
If ADETS, provide listing of agencies offering this level of care Complete a 508-R Form/E-508 Review consequences of failing to comply with treatment
recommendations or ADETS; only good for 6 months* If there is a language barrier, agency must either refer to center offering
the language or provide an approved interpreter Clinician has 2 weeks to enter the outcome of assessment in E-508!
ADETS – Alcohol and Drug Education Traffic School Assessment outcome
does not identify a SA diagnosis (handicap)
No previous DWI convictions in lifetime
BAC of .14 or less at time of arrest
Person did not refuse to submit a chemical test
Meets ASAM 0.5 early intervention
Prime For Life (EBP) education program is the only program used in NC for ADETS – one must be certified in Prime for Life to facilitate ADETS; CEUs are mandatory to uphold certificate
Goal is to prevent any type of SA problem
Group no larger than 20 participants
$160 for 16 contact hours over a minimum of 5 days
No class over 3 hours in length and offered when not in conflict with education/employment
Outpatient Treatment
Short Term Meets SA diagnosis of abuse only Or one of the following:
BAC of .15 or higher Refused chemical test at time of
arrest Problems r/t family hx of SA Other problems which seem to
be a contributing factor such as grief, loss…
Meets ASAM level I 20 contact hours over minimum
of 30 days Average cost around $354
Longer Term Meets SA
dependence Level I ASAM
placement criteria 40 contact hours
over minimum of 60 days
Average cost $605
Outpatient or other treatment
Day treatment/IOP
Meets SA dependence ASAM level II placement
criteria met 90 hours of contact over a
minimum of 90 days Program must provide & urge
continuing care, family involvement, basic CM
Could be preceded by brief detox or inpt. stay
Average cost $920
Inpatient/Residential Treatment Services
Meets SA dependence Outpt has been
unsuccessful ASAM placement criteria of
III.5 or higher is met In order to meet minimum
of 90 day time frame for tx client must enroll into continuing care following inpt/detox
Average cost -- varies
Documentation requirements All assessments completed for DWI must complete a Form 508-R/E-
508; when treatment completed the Form 508-R/E-508 must be submitted to DMV
Clinical interview Standardized test – SASSI, SALCE…any approved tool by the State
DWI office Releases for collaterals Client contract including rights, grievance, other policies… Proof Federal law of Confidentiality was reviewed Copy of outcome given to client with listing of facilities able to
complete ADETS and or treatment Progress notes of treatment and/or ADETS In client’s chart the following must also be present: complete driving
record, BAC results, and ticket if client has a copy Treatment plan
Program contentMinimum program content for all DWI levels: Review of DWI laws, penalties, and requirements for DL
reinstatement Effects of alcohol & other drugs of abuse on the body,
brain, judgment and emotions of individuals; with special attention to the systems and abilities used in the operation of a motor vehicle
Measurement of alcohol in the system; alcohol concentration
Effects of fatigue, hunger, anger, depression and prolonged inattention on driving behavior, by themselves and in conjunction with mood altering drugs in the body
Program content
Short term Responsible decision making
concerning alcohol use Introduce coping skills –
refusal skills, setting limits, abstinence
Indicators that a person is at increased risk for more SA problems Family hx Peers/social activities with SA Tolerance…
Longer term Explanation of SA
dependence as bio-psycho-social illness Progression, denial,
social/family systems Introduce concepts, skills,
& resources for recovery Relapse prevention,
spirituality, self-help, support…
Program content – Day Treatment or SAIOP Thorough history of the client and address
all relevant problems through further assessment/services – possible referrals Health and medical conditions Family relationships Manifestations of emotional problems or
psychiatric illness Legal issues Employment related issues
I live in another State, but was convicted of a DWI in NC Complete a SA assessment, SA education or
treatment (based off outcome) Documentation of the above to be sent and
reviewed by an approved DWI provider in NC A fee* may or may not be requested for this review The approved facility in NC will complete the
review, process the information, complete a 508 Form in order to resolve the outstanding DWI offense
Client to receive a copy of the certificate of completion
I live in NC but was convicted of a DWI in another State Client must comply with laws of the
State in which the conviction was received
Client complete treatment/education at authorized DWI provider
A case management fees may be associated with collaboration with the other State in which conviction was obtained in
Client transfer Client received assessment at your
center and wants to go elsewhere for treatment …..complete Client Information Transfer Sheet
Client received assessment elsewhere and requesting treatment at your center…request from other center a Client Information Transfer Sheet
This transfer sheet will transfer the E-508
Accepting prior treatment Authorized DWI facility can review the prior
content from the completed program/services as long as the treatment was obtained AFTER the DWI
If content is deemed appropriate, a E-508 form will be generated to remove the block from your DL (appropriate means it meets the content listed earlier)
May or may not be a fee from the authorized facility
I received a DWLR conviction while my DL was suspended for a DWI conviction
An assessment is required by an authorized DWI provider ($100)if there is an “*” (asterisk) next to the incident on the driving record
Results of assessment determine treatment
Must complete treatment if recommended When completing the E-508 be sure you
click DWLR and not DWI
Is a SA assessment the same as a SA DMV Evaluation?
NO!!!!!!!!!
If a person is to obtain a SA DMV evaluation he/she will have been given the papers for the evaluator to complete with a listing of certified CSAC or LCAS that are able to facilitate this evaluation. The cost of a DMV evaluation is $60.00.
Reading a DMV Driving RecordImportant A copy of one’s DMV complete record must be in the client’s chart and have been obtained prior to determining the outcome for education or treatment!!!!
Pay attention to the following: 10 or 30 day revocation Aid and abet Consuming alcohol/drugs while less than 21 Refused chemical test Driving while impaired Transporting open container after consuming
Tidbits of information Can a person do ADETS if a open container is found on
the DMV record? Yes A minimum of $75 must be obtained for
treatment* If a person has a dependency that is in remission for
several years…the minimum number of hours for DWI is 40
Can a person take care of multiple DWI’s at in one treatment setting? Yes but each DWI must have a E-508
Treatment must be started within 6 months of assessment completion or another assessment must be completed
Agencies are not permitted to charge for DMV records
Clerk of court office will have copies of BAC tickets MUST give a copy of E-508 form* to clients at
time of assessment with outcome on it to take to other provider (be sure to sign the E-508 copy)
An unknown BAC must be verified with the clerk of court prior to giving outcome of assessment to client
A facility can request a new and updated DMV record for a person who is returning for an assessment over 6 months
SASSISubstance Abuse Subtle Screening
Inventory
How to complete and understand a SASSI
Treatment suggestions and EBP Curricula - Hazelden See outline Who’s driving curriculum– Hazelden
Curriculum for First Time Impaired Driving Offenders
A Design for Living – The Hazelden Substance Abuse Curriculum for DUI/DWI Offenders
Alternate Routes: An Alcohol Diversion Program by Hazelden
Audit tools Includes staff training records
Questions Resource: Wayne Bailey at state DWI
office