WHEN SHOULD DRUG AND ALCOHOL COUNSELING BE DONE ON A DUI CASE?
Every time a defendant pleads guilty, is found guilty or does a diversion on DUI charge in Kansas they will be required to do a drug and alcohol evaluation. A drug and alcohol evaluation in the DUI context is regularly referred to as an, “ADSAP” evaluation, and they are very common.
What is an ADSAP evaluation?An ADSAP evaluation will be obtained through a court approved provider or through court services. Depending on the particular court your case is in, it may be beneficial to have your lawyer help you select a known and proven provider, since some providers are more difficult to deal with. What the evaluation consists of is a 30-90 minute interview, during which the provider will put the defendant through a battery of tests that help the evaluator determine the level of dependence that the defendant has on drugs and alcohol. The evaluator then uses this information to recommend a level of treatment to the sentening court.
Is an ADSAP required by law?Yes. The law is known as KSA 8-1567 which states, “Upon every conviction of this section, the court shall order such person to submit to a pre-sentence alcohol and drug abuse evaluation pursuant to K.S.A. 8-1008, and amendments thereto. Such pre-sentence evaluation shall be made available, and shall be considered by the sentencing court.”
What are the possible levels of treatment that are usually proscribed?It is important to remember that the evaluator does not order a person into treatment, only the judge can do that. However, it is very common for the sentencing court to incorporate the evaluators recommendations into the probation contract that the defendant signs. In other words, 95% of the time the judge will require the defendant to complete the classes the evaluator recommends. There are three common levels of treatment.
Level One– 8 hour drug and alcohol education classLevel Two– 12 hour drug and alcohol education classLevel Three– Outpatient Counseling for drug and alcohol abusers (Number of Hours Varies)
Where do I go to get an ADSAP evaluation?Each court has different approved providers. Most courts update their provider lists about once year, but not all providers are the same. It is best to sit down with your attorney and discuss which providers are recommended for your particular personality. In some courts the provider will become your “probation officer” in a sense. The difference between the right provider and the wrong provider can be dramatic. Below are a list of providers in common jurisdictions.