Will Drug and Alcohol Counseling Be Required After a DUI?
In Kansas, a drug and alcohol evaluation is a standard requirement for anyone who pleads guilty, is found guilty, or accepts a diversion for a DUI charge. This evaluation, known as an ADSAP (Alcohol and Drug Safety Action Program) evaluation, plays a critical role in determining the level of treatment or education a defendant may need as part of their sentencing. Whether it’s a first-time offense or a repeat DUI charge, an ADSAP evaluation is a mandatory step in the legal process.
What Is an ADSAP Evaluation?
An ADSAP evaluation is a structured assessment designed to evaluate a defendant’s use of drugs and alcohol, and to identify any potential patterns of abuse or dependence. The evaluation is conducted by a court-approved provider or through court services, depending on the jurisdiction. These evaluations are integral to helping the court understand the defendant’s relationship with substances and determining the appropriate level of counseling or treatment.
What the evaluation involves:
The ADSAP evaluation usually lasts between 30 to 90 minutes, during which the defendant undergoes a thorough interview and a battery of psychological and substance-use assessments.
The evaluator uses various diagnostic tools to gauge the defendant's level of alcohol or drug dependence.
Based on the findings, the evaluator provides a recommendation to the court regarding the type and intensity of treatment or education the defendant should undergo.
The purpose of the evaluation is to identify whether the defendant has underlying substance use issues that contributed to the DUI and to propose a treatment plan that will help prevent future offenses. This treatment plan is not punitive; instead, it is designed to aid rehabilitation and reduce the risk of recidivism.
Is an ADSAP Evaluation Required by Law?
Yes, an ADSAP evaluation is required under Kansas law. Specifically, K.S.A. 8-1567 mandates that any person convicted of a DUI, whether by plea, guilty verdict, or diversion, must submit to a pre-sentence drug and alcohol evaluation. The statute clearly 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.”
This means that the results of the ADSAP evaluation are not merely formalities. The sentencing judge will review the evaluation and consider its recommendations when determining the conditions of your probation or diversion agreement. In most cases, the court will incorporate these recommendations into the defendant’s probation contract, making the completion of counseling or educational programs a condition of probation.
View the Law: K.S.A. 8-1567 (link to the relevant law section).
What Are the Possible Levels of Treatment?
While the ADSAP evaluator does not have the authority to mandate treatment—only the judge can do that—it is common for judges to closely follow the evaluator’s recommendations. Depending on the outcome of the evaluation, the judge will assign one of several levels of treatment, which are generally classified into three tiers based on the defendant’s level of substance use or dependency.
Here are the most common levels of treatment:
Level One – 8-Hour Drug and Alcohol Education Class:
This is the most basic form of treatment and is often assigned to individuals who show no significant signs of substance abuse or dependence. The class focuses on educating participants about the dangers of driving under the influence and the effects of alcohol and drugs on the body and mind. This level is typically for first-time offenders with no prior history of substance use problems.Level Two – 12-Hour Drug and Alcohol Education Class:
This class is slightly more intensive than Level One and is often assigned to individuals who may have displayed minor indicators of substance use problems. In addition to education about the risks of drug and alcohol use, participants may also receive some basic counseling aimed at helping them recognize the signs of early substance abuse and avoid risky behaviors in the future.Level Three – Outpatient Counseling for Drug and Alcohol Abusers:
This level is reserved for individuals who exhibit signs of substance dependency or who have a history of alcohol or drug abuse. Outpatient counseling varies in length and intensity, depending on the individual’s needs, but typically involves regular sessions with a licensed counselor or treatment program. The number of hours required can vary significantly, but the goal is to help the participant manage their substance use, develop healthier coping mechanisms, and reduce the likelihood of reoffending.
How Does the Court Use ADSAP Results in Sentencing?
While the ADSAP evaluator cannot order a defendant into treatment directly, the sentencing judge typically incorporates the evaluator's recommendations into the probation contract. In about 95% of cases, the judge will require the defendant to complete the level of treatment or education suggested by the evaluator as part of their probation conditions. This means that, although the evaluation is just one part of the sentencing process, it plays a pivotal role in determining what treatment or educational programs the defendant must complete.
If the defendant fails to complete the recommended treatment, they could be found in violation of their probation, which may result in further penalties, including jail time.
Where Do I Go to Get an ADSAP Evaluation?
Each court in Kansas maintains a list of approved providers who are authorized to conduct ADSAP evaluations. It’s essential to choose a provider from this approved list, as evaluations from non-approved providers will not be accepted by the court. However, not all providers offer the same quality of service, and some may be more difficult to work with than others.
Because the evaluation plays such a critical role in your case, it’s advisable to work with your attorney to select a reputable provider. In some courts, the provider will essentially act as your “probation officer” throughout the treatment process, making it even more important to choose the right one.
How to Select the Right ADSAP Provider
The right ADSAP provider can make a significant difference in your experience and the success of your treatment. Some providers may be more strict or offer less flexibility in scheduling, while others may be more supportive and easier to work with. Your attorney can recommend a provider based on their experience with similar cases and their understanding of your personality and needs.
It’s important to understand that the wrong provider could make the process unnecessarily difficult, and in some cases, lead to complications in completing the necessary treatment. Therefore, taking the time to discuss your options with your attorney is key to ensuring a smoother process.
Final Thoughts: ADSAP Evaluations and DUI Cases in Kansas
An ADSAP evaluation is an inevitable and essential part of the legal process for anyone facing DUI charges in Kansas. It serves as the foundation for the court's decisions regarding treatment or education as part of your probation. By understanding the evaluation process and working with your attorney to select the right provider, you can ensure that you meet the court's requirements and complete the necessary steps toward rehabilitation.
Although the process may seem daunting, the ADSAP evaluation and any required treatment programs are designed to support rehabilitation and reduce the likelihood of repeat offenses. Completing the recommended treatment not only fulfills your legal obligations but can also help you move forward in a positive direction.