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DWI Conviction and Process

If you have been convicted of a DWI (Driving While Impaired), you must get a substance use assessment. You must also complete either an education program or treatment program. If you fail to submit to a breath test or if you are registered over 0.14%, you will be referred to treatment.

To get your driver's license re-instated, you must complete a Substance Use Assessment.

All assessments must be conducted in person by a qualified or certified substance abuse professional.
You are required to bring your court papers to the assessment.
The assessor must have a copy of your "Complete Driving History" from the DMV.

Assessments must follow American Society of Addiction Medicine criteria to decide your needs. If you are not given a diagnosis, you will be referred to an education program.

The provider is required to inform you of other local providers who offer the service you need.
The provider may not charge a fee to transfer your case to another in-state provider.
The provider may charge for special services and for handling out-of-state cases.

Alcohol Drug Education Traffic School (ADETS)


ADETS is an educational program for someone with a DWI conviction. This program is for people who don’t have an identified substance use disorder but may be at risk for these disorders.

PRIME for Life is the educational program used in all the ADETS in North Carolina. The program’s goal is prevention of any type of alcohol or drug problem and the health problems these lead to.

Educational Information for ADETS Clients

Treatment Considerations

You have a right to professional and ethical services based upon your level of need
You may be asked to sign a treatment contract
You must have a certified counselor
Treatment groups must be conducted by trained therapists. Groups must be limited to 20 clients and must be conducted for the scheduled period of time.


http://www.ncdhhs.gov/assistance/mental-health-substance-abuse/driving-while-impaired

DOT Assessment and Service

DOT Rule 49 CFR Part 40 Section 40.285

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process§ 40.285 When is a SAP evaluation required?
 
(a) As an employee, when you have violated DOT drug and alcohol regulations, you cannot again perform any DOT safety-sensitive duties for any employer until and unless you complete the SAP evaluation, referral, and education/treatment process set forth in this subpart and in applicable DOT agency regulations. The first step in this process is a SAP evaluation.
 
(b) For purposes of this subpart, a verified positive DOT drug test result, a DOT alcohol test with a result indicating an alcohol concentration of 0.04 or greater, a refusal to test (including by adulterating or substituting a urine specimen) or any other violation of the prohibition on the use of alcohol or drugs under a DOT agency regulation constitutes a DOT drug and alcohol regulation violation.
 
Updated: Friday, June 10, 2016


https://www.transportation.gov/odapc/part40/40-285


DWI/ ADETS/ DOT  Services

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