Hudson Valley DWI Evaluations Blog

What is DUI: In New York State, DUI (Driving Under the Influence) refers to operation of a motor vehicle (including motorcycle) under the influence of a mind-altering substance. DUI (Driving Under the Influence) of any of mind-altering substance is considered a crime in most states. DWI stands for Driving While Intoxicated or Driving While Impaired and is interchangeably used with DUI and also refers to operating a motor vehicle under the influence of alcohol or other mind-altering substances.

Mind-altering substance refers to any natural /chemical or legal/ illegal substance that change and influence the mental status of the person and include alcohol, marijuana, ecstasy, cocaine, opiates (illegal like heroin or legal like painkillers), benzodiazepines (Xanax, Klonopin, Valium) etc. These substances impair memory, judgment, and coordination of the driver and can results in inability to operate a motor vehicle safely.

If you have been charged with a DUI (driving under the influence) or DWI (Driving While Intoxicated/ Impaired ), you may have heard the judge, district attorney, or your lawyer referring you for an OASAS evaluation. Although OASAS may sound pretty oasis, in fact OASAS stands for Office of Alcoholism and Substance Abuse (at least in New York State) and OASAS has nothing to do with oasis and is a far cry from it. My goal is to make an OASAS evaluation as close to an oasis as much as possible by providing you with high quality report, understanding your case and offering support without judgment.

So, after all this lengthy introduction, you may ask what is OASAS evaluation and what does it have to do with DWI and DUI evaluations?

OASAS evaluation refers to an alcohol/ substance abuse evaluation which is done by a mental health professional (psychiatrist, psychologist, social worker, etc. ) who is approved by the NYS Office of Alcoholism and Substance Abuse (OASAS) to provide OASAS screening, evaluation, and treatment. Although you may think OASAS screening, OASAS evaluation and OASAS treatment are the same, in reality, they are different processes.

OASAS SCREENING for DUI or DWI involves screening to determine whether you have a pattern of problem drinking/ using drugs or abusing them because those who abuse alcohol and drive, pose a risk to the community

OASAS ASSESSMENT for DWI or DUI: Assessment is usually done after screening and sometimes it is court ordered. This is a more in-depth interview that involves asking different questions and gathering information about mental health, substance abuse, criminal, family, medical, etc, (called biopsychosocial) to make a determination if you need treatment or not. In order to do DUI/ DWI Assessment or evaluation , NYS has established rules (standards) that the providers have to follow and include:

1. Reviewing your driving abstract to see for previous convictions of DWI, DWAI, or Aggravated DWI.

2. Reviewing the tickets to see the alcohol level, previous convictions of DWI or DWAI. This is important because after a period of time- usually 10 years- the convictions of DWI or DWAI are no longer in your current abstract that the provider has access to, but they stay in your lifetime abstract that the police officers have access to and will put on the tickets.

3. Asking questions about your drinking pattern using standardized instruments for alcohol screening

4. A toxicology test- usually urine test- to see if you have alcohol or drugs in your system.

5. Speaking to a family/ friend who knows you well (collateral information)

OASAS certification is very important, because if the provider is not OASAS certified, he or she does not have access to New York State DMV’s website. Over the years, I have seen people who go and find a psychologist, therapist, etc. who gives them a letter that they are screened and do not need treatment, but DMV does not care about a letter from a provider, they need the OASAS approved provider to fill out online form and electronically submit the results of the OASAS evaluation to DMV. Therefore, to make sure your license is reinstated, make sure you find an OASAS APPROVED PROVIDER.

Here is some more infomation about what we do and some information about DWI and the evaluation process.

OUT OF STATE DRIVERS:

OASAS approved providers in New York State, we only have access to the NYS driving abstract- not the lifetime- If you have had a DWI (DUI) conviction years ago, it is important to bring a copy of your lifetime abstract. However, this is not true about out of state drivers who have a DWI (DUI) in New York State. It would be very important if you can get a copy of your abstract for the OASAS assessment and evaluation processes.

Costs:

At Hudson Valley DWI Evaluations, we do accept most major insurances for the clinical visits only. Extra charges that cannot be submitted to insurance company are the final comprehensive report and a random toxicology test that will be done by a third-party laboratory.

Here are the list of Alcohol or drug related violations in New York State:

1. DWAI-Alcohol: (Driving while ability impaired) is for anyone who has BAC (blood alcohol content) of 0.05 to 0.07. This is not a misdemeanor and is considered a moving violation.

2. DWAI- Drug: Driving is under the influence of mind-altering substances including sedatives, marijuana, painkillers, and other drugs (legal or illegal).

3. DWI – Driving While Intoxicated means to have a blood alcohol level between 0.08 to 0.17. 4. Aggravated DWI – 0.18 BAC or higher

5. Chemical Refusal test: Refusing to submit to a take a test (either by the police through breathalyzer or going to a hospital for blood test (mostly for drug cases when no alcohol is involved) . This can result in your license being suspended for up to six months automatically. In addition to going to criminal court, you also have to go to DMV court for a hearing.

6. Zero Tolerance Law – pertains to drivers under the age of 21 with blood alcohol content of 0.02 or above. 6. Felony DWI: Refers to getting a second DWI within 10 years of a DWI conviction. So, if your first case was pleaded down to a DWAI, the second DWI is still considered a misdemeanor.

7. Leandra’s law felony DWI: Named after a child victim, Leandra's Law refers to drinking and driving with a child under the age of 15 in the vehicle.

WHAT IS IDP? IDP is NY State Impaired Driver program. After conviction, you may be referred to take the course (usually 7 weeks) class.