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Requirement for drug and alcohol assessments after a DUI

Many people enjoy alcohol from time to time in Philadelphia? While there is nothing illegal about consuming alcohol if the person is 21 or older, many decisions people make after drinking too much can get them in trouble. Some of these decisions just lead to personal problems with friends or family, but others lead to trouble with the law. One illegal decision that people make is to get behind the wheel after consuming too much alcohol.

If a person is convicted of a DUI, they may face a number of severe consequences. One of these consequences is that they will have to submit to a drug and alcohol assessment. These assessments are used to determine the person’s issues with alcohol or drugs and to help guide the judge when determining the punishment.

Some people will also be subject to a full assessment for addictions. A person will have to undergo one of these, if certain criteria are met. The criteria includes having a DUI within the previous 10 years; if the person’s initial assessment indicates that they need treatment; or if the person’s BAC was at .16 percent or above at the time they were driving. These assessments must be conducted by the Department of Health, a county agency or clinical professionals licensed by the Department of Health to facilitate drug and alcohol treatment programs.

Many people are charged with DUIs in Philadelphia every year. The penalties can be severe, if a person is convicted, including having to undergo drug and alcohol assessments. However, not everyone who is charged with a DUI is automatically guilty of the crime. There are many potential defenses to DUIs, which can suppress evidence and ultimately lead to a dismissal or acquittal. Understanding these defenses is important to protect one’s rights.

Source: Pennsylvania State Legislature, “Chapter 38, Section 3814,” accessed on Sept. 12, 2016


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