dwi in north carolina amy l. bauer, ms, lcas, ccs gary kaufmann, lpc, lpcs, lcas, ccs

45
DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Upload: rudolf-thomas

Post on 03-Jan-2016

216 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

DWI in North CarolinaAmy L. Bauer, MS, LCAS, CCSGary Kaufmann, LPC, LPCS, LCAS, CCS

Page 2: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Agenda DWI and the laws of NC and statistics Assessments and treatment in NC

Clinical interview Clinical tool i.e. SASSI (Gary Kaufmann) E508 Driving records and Interlock system ADETS, short and long term, SAIOP, inpatient Out of State DWI’s Difference between DWI assessment and DMV

eval

Page 3: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Statistics – obtained from MADD website

In 2010 more than 32% of all fatal crashes in NC involved alcohol

In 2010, 43% of NC high school students reported drinking alcohol in past 30 days

An average drunk driver has driven drunk 80 times before first arrest

MADD serves a victim or survivor of drunk driving every 9 minutes

Page 4: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

MADD estimated that this year, 10,839 people will die in drunk-driving crashes – one every 50 minutes

1 in 3 people will be involved in an alcohol related crash in their lifetime

1 in 3 8th graders drinks alcohol 50-75% of convicted drunk drivers

continue to drive on a suspended license 1 in 5 teens binge drink

Page 5: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Teen alcohol use kills about 6000 people each year, more than all illegal drugs

Car crashes are the leading cause of death of teens and 1 out of 3 of those is alcohol related

Kids who start drinking young are seven times more likely to be in an alcohol related crash

High school students who use alcohol to other substances are five times more likely to drop out of school or believe good grades are not important

Every minute, one person is injured from an alcohol related crash

Page 6: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

BAC for a DWI in NCUnder 21 Zero Tolerance

21 or older .08

Commercial .04

DWI proven in 1 of 2 ways:1. Proving the driver’s physical or mental

fitness (field sobriety test)2. BAC

Page 7: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

DWI charge categories Misdemeanor Aid and Abet Impaired

Driving Misdemeanor Drive After Consuming Misdemeanor Driving While Impaired Misdemeanor DWI Commercial Vehicle Felony Habitual Impaired Driving

Page 8: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

DWI 9 conviction categories Not guilty No probable cause Voluntary dismissal by prosecutor Dismissal with leave to reopen Guilty of charge other than impaired driving Habitual impaired driving Aid and abet impaired driving Drive after consuming DWI Level 1 DWI Level 2 DWI Level 3 DWI Level 4 DWI Level 5 DWI commercial vehicle

Page 9: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Penalties for DWI in NC1st offense 2nd offense 3rd offense

Minimum jail 24 hrs. (level 5)

4 days 14-30 days (up to 2 yrs)

Fines & Penalties

$200 (level 5)

Range depends on level

Range depends on level

License Suspension

60 days to 1 year

1-4 yrs. (if previous DWI was w/in 3 yr)

1 yr to perm. (if last DWI was w/in 5 yr)

Interlock required

None Required If license restored, required for 7 years

Page 10: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Levels and gross aggravating factorsLevel

Factors

Min. Sentence

Max Sentence

If suspended,probation

Max fine

1A 3 GAF 12 mo. 36 mo. 240 days $10,000

1 2 GAF or 1 minor

30 days 24 mo. 30 days $4,000

2 1 GAF 7 days 12 mo. 7 days $2,000

3 Agg>Mitig 72 hours 6 mo. 72 hrs or CS $1,000

4 Agg=Mitig 48 hours 120 days 48 hrs or CS $500

5 Mitig>Agg 24 hours 60 days 24 hrs or CS $200

Page 11: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Grossly Aggravating Factors -- GAF A conviction of n offense involving impaired driving within 7

years of current DWI A conviction of DWI ager the date of offense for the current

DWI but prior to or at the same time as the present sentencing A conviction for DWI that was in district court; case appealed

to superior court; appeal withdrawn, or the case has been remanded back to district court; and a new sentencing has not been held

Driving with a revoked license for a prior DWI when committed current DWI

DWI caused serious injury to another person at the time of the offense

DWI with child under age of 18 in vehicle

Page 12: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Aggravating Factors Gross impairment while driving or BAC of .15 or more Reckless and dangerous driving Negligent driving that led to a reportable accident Driving while license revoked 2 or more convictions of a vehicle offense not involving impaired

driving for which at least 3 points are assigned One or more DWI prior to the 7 years of the current offense Person is convicted of speeding while fleeing or attempting to

elude apprehension Person is also convicted of speeding at least 30 mph over the

limit Person is also convicted of passing a stopped school bus Any other factor the judge finds aggravates the

seriousness of the offense

Page 13: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Mitigating Factors Slight impairment of .09 or less Safe driving record, no conviction of at least 4 points , or

no history of revocation Impairment due to medical issue Voluntary mental health assessment with voluntary

participation in the recommended treatment Completion of SA assessment, comply with

recommendations, AND maintain 60 days of continuous abstinence from alcohol consumption, as proven by a continuous alcohol monitoring system (must be approved by DOC)

Any factor that the judge finds that mitigates the seriousness of the offense

Page 14: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Refusal to take chemical test in NC

1st offense 2nd offense 3rd offense

Refusal to take test

1 year license suspension; interlock too*

No statutory provision

No statutory provision

Page 15: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

The Implied Consent law in North Carolina You agree to submit to a chemical test

of your blood. breath, or urine if an officer of the laws suspects that you are driving while intoxicated/impaired

If you refuse such a test your drivers license will be immediately suspended for 30 days followed by a hearing in which the court could suspend your license for an additional 12 months

Page 16: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Ignition Interlock Device A breathalyzer like device connected to the vehicle

dashboard or other location inside the vehicle Required if BAC is .15 or higher Required if there is a second offense of DWI within

7 years after a prior impaired driving conviction License will not be reinstated without completing

the IID requirement* Requires the driver, prior to starting the vehicle, to

breath into the device If the IID detects that there is a BAC above the

programmed limit, the vehicle will not start

Page 17: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

IID

How it works… Blow into mouthpiece A fuel cell will detect or not detect

BAC If no BAC, the fuel cell triggers a

relay to stay closed and the car will start

If BAC is detected, fuel cell triggers a relay to stay open and the car will NOT start

“rolling retest” is when the IID notifies the person driving that a test is required to perform; you pull over and breath into the IID

Can I “trick” the device?

Even if a person is able to find a way around the IID, when the events are reviewed (all events are recorded), one is likely to make their bad situation worse

If IID detects tampering it will request a “rolling retest” which requires you to pull over and repeat the requested event

Page 18: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

IID general info Who pays – the person convicted of the charge

installation ($100 and up) monthly fees ($50 and up)

A person is not able to reinstate drivers license until IID is installed for the length of time determined by state law

If a person has more than one vehicle they drive, one must install in all vehicles

If you share a vehicle with other family members, the family members must get trained and tested to blow into the device.

Must install IID if you have been convicted of DWI with BAC .15 or higher, or if you have a prior DWI within past 7 years

Page 19: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Overall General DWI Laws Allow enforcement agencies to set up roadblocks to check for impairs

drivers (Booze It Loose It Bus) Prohibits drivers from consuming ANY alcohol beverage while driving Prohibit the transport of an open container including passenger area Prohibit the possession of alcoholic beverages (open or closed) in the

passenger area of a commercial vehicle while on a highway, street, or public vehicular area

Provides different levels of severity of punishment based on severity of offense

Requires jail time for second DWI conviction Attempts to punish DWI drivers but also tries to help them with

identifying or treating problems Those with lower BAC’s to do alcohol safety school (ADETS) Requires DWI to obtain SA assessment prior to reinstatement of

driving privileges

Page 20: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Alcohol and the Young DriverOne year revocation for the following: Any underage person who attempts to purchase or

purchases alcohol Any underage person who aids or abets another who

attempts to purchase or purchase alcohol Any underage person who obtains or attempts to

obtain alcohol by using or attempting to use a fake ID or DL

Any person who permits he or her DL or any other ID to be used by an underage person to purchase or attempt to purchase alcohol

Any person who gives alcohol to any underage person

Page 21: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

The DWI Journey

Page 22: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Drink & Drive Stop by police FST Arrested Vehicle securedBreath test .08 or less

.08 or greater charged with DWI Court….. Not guilty – done…

Page 23: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Guilty – SA assessmentNo handicap/no diagnosis

ADETS Complete class Center completes 508 Form 508 Form sent to DWI

services DMV lifts “STOP” from client 508 Form posted to client

record at DMV DWI shows complete on

DMV record

Handicap/Diagnosis Treatment recommended Complete treatment Center completes 508 Form 508 Form sent to DWI

services DMV lifts “STOP” from client 508 Form posted to client

record at DMV DWI shows complete on

DMV record

Page 24: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

SA Assessments/Treatment Assessments must be conducted by a CSAC or LCAS* at an

approved licensed DWI facility with DWI facility code; a person licensed by the NC Medical Board or the NC Psychology Board; a physician certified by ASAM

Treatment can be done by either a registered, intern/provisional/associate, or fully credentialed CSAC or LCAS

Assessment can only be completed and results given if following materials are obtained and reviewed: Complete driving record history from DMV BAC ticket ** $100

Page 25: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

DWI assessment elements Face to face clinical interview including DSM diagnosis and ASAM Releases for 42 CFR Part 2, DMV, DMH/DD/SAS, area authority, DOC, court,

lawyer if applicable Approved standardized test/clinical tool such as SASSI and Results of SA clinical tool – review with client Complete Driving Record from DMV If person is recommended treatment, agency must provide in writing the

outcome/recommendations and give to client a list of available treatment facilities within the county

If ADETS, provide listing of agencies offering this level of care Complete a 508-R Form/E-508 Review consequences of failing to comply with treatment

recommendations or ADETS; only good for 6 months* If there is a language barrier, agency must either refer to center offering

the language or provide an approved interpreter Clinician has 2 weeks to enter the outcome of assessment in E-508!

Page 26: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

ADETS – Alcohol and Drug Education Traffic School Assessment outcome

does not identify a SA diagnosis (handicap)

No previous DWI convictions in lifetime

BAC of .14 or less at time of arrest

Person did not refuse to submit a chemical test

Meets ASAM 0.5 early intervention

Prime For Life (EBP) education program is the only program used in NC for ADETS – one must be certified in Prime for Life to facilitate ADETS; CEUs are mandatory to uphold certificate

Goal is to prevent any type of SA problem

Group no larger than 20 participants

$160 for 16 contact hours over a minimum of 5 days

No class over 3 hours in length and offered when not in conflict with education/employment

Page 27: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Outpatient Treatment

Short Term Meets SA diagnosis of abuse only Or one of the following:

BAC of .15 or higher Refused chemical test at time of

arrest Problems r/t family hx of SA Other problems which seem to

be a contributing factor such as grief, loss…

Meets ASAM level I 20 contact hours over minimum

of 30 days Average cost around $354

Longer Term Meets SA

dependence Level I ASAM

placement criteria 40 contact hours

over minimum of 60 days

Average cost $605

Page 28: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Outpatient or other treatment

Day treatment/IOP

Meets SA dependence ASAM level II placement

criteria met 90 hours of contact over a

minimum of 90 days Program must provide & urge

continuing care, family involvement, basic CM

Could be preceded by brief detox or inpt. stay

Average cost $920

Inpatient/Residential Treatment Services

Meets SA dependence Outpt has been

unsuccessful ASAM placement criteria of

III.5 or higher is met In order to meet minimum

of 90 day time frame for tx client must enroll into continuing care following inpt/detox

Average cost -- varies

Page 29: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Documentation requirements All assessments completed for DWI must complete a Form 508-R/E-

508; when treatment completed the Form 508-R/E-508 must be submitted to DMV

Clinical interview Standardized test – SASSI, SALCE…any approved tool by the State

DWI office Releases for collaterals Client contract including rights, grievance, other policies… Proof Federal law of Confidentiality was reviewed Copy of outcome given to client with listing of facilities able to

complete ADETS and or treatment Progress notes of treatment and/or ADETS In client’s chart the following must also be present: complete driving

record, BAC results, and ticket if client has a copy Treatment plan

Page 30: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Program contentMinimum program content for all DWI levels: Review of DWI laws, penalties, and requirements for DL

reinstatement Effects of alcohol & other drugs of abuse on the body,

brain, judgment and emotions of individuals; with special attention to the systems and abilities used in the operation of a motor vehicle

Measurement of alcohol in the system; alcohol concentration

Effects of fatigue, hunger, anger, depression and prolonged inattention on driving behavior, by themselves and in conjunction with mood altering drugs in the body

Page 31: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Program content

Short term Responsible decision making

concerning alcohol use Introduce coping skills –

refusal skills, setting limits, abstinence

Indicators that a person is at increased risk for more SA problems Family hx Peers/social activities with SA Tolerance…

Longer term Explanation of SA

dependence as bio-psycho-social illness Progression, denial,

social/family systems Introduce concepts, skills,

& resources for recovery Relapse prevention,

spirituality, self-help, support…

Page 32: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Program content – Day Treatment or SAIOP Thorough history of the client and address

all relevant problems through further assessment/services – possible referrals Health and medical conditions Family relationships Manifestations of emotional problems or

psychiatric illness Legal issues Employment related issues

Page 33: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

I live in another State, but was convicted of a DWI in NC Complete a SA assessment, SA education or

treatment (based off outcome) Documentation of the above to be sent and

reviewed by an approved DWI provider in NC A fee* may or may not be requested for this review The approved facility in NC will complete the

review, process the information, complete a 508 Form in order to resolve the outstanding DWI offense

Client to receive a copy of the certificate of completion

Page 34: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

I live in NC but was convicted of a DWI in another State Client must comply with laws of the

State in which the conviction was received

Client complete treatment/education at authorized DWI provider

A case management fees may be associated with collaboration with the other State in which conviction was obtained in

Page 35: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Client transfer Client received assessment at your

center and wants to go elsewhere for treatment …..complete Client Information Transfer Sheet

Client received assessment elsewhere and requesting treatment at your center…request from other center a Client Information Transfer Sheet

This transfer sheet will transfer the E-508

Page 36: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Accepting prior treatment Authorized DWI facility can review the prior

content from the completed program/services as long as the treatment was obtained AFTER the DWI

If content is deemed appropriate, a E-508 form will be generated to remove the block from your DL (appropriate means it meets the content listed earlier)

May or may not be a fee from the authorized facility

Page 37: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

I received a DWLR conviction while my DL was suspended for a DWI conviction

An assessment is required by an authorized DWI provider ($100)if there is an “*” (asterisk) next to the incident on the driving record

Results of assessment determine treatment

Must complete treatment if recommended When completing the E-508 be sure you

click DWLR and not DWI

Page 38: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Is a SA assessment the same as a SA DMV Evaluation?

NO!!!!!!!!!

If a person is to obtain a SA DMV evaluation he/she will have been given the papers for the evaluator to complete with a listing of certified CSAC or LCAS that are able to facilitate this evaluation. The cost of a DMV evaluation is $60.00.

Page 39: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Reading a DMV Driving RecordImportant A copy of one’s DMV complete record must be in the client’s chart and have been obtained prior to determining the outcome for education or treatment!!!!

Pay attention to the following: 10 or 30 day revocation Aid and abet Consuming alcohol/drugs while less than 21 Refused chemical test Driving while impaired Transporting open container after consuming

Page 40: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Tidbits of information Can a person do ADETS if a open container is found on

the DMV record? Yes A minimum of $75 must be obtained for

treatment* If a person has a dependency that is in remission for

several years…the minimum number of hours for DWI is 40

Can a person take care of multiple DWI’s at in one treatment setting? Yes but each DWI must have a E-508

Treatment must be started within 6 months of assessment completion or another assessment must be completed

Page 41: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Agencies are not permitted to charge for DMV records

Clerk of court office will have copies of BAC tickets MUST give a copy of E-508 form* to clients at

time of assessment with outcome on it to take to other provider (be sure to sign the E-508 copy)

An unknown BAC must be verified with the clerk of court prior to giving outcome of assessment to client

A facility can request a new and updated DMV record for a person who is returning for an assessment over 6 months

Page 42: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

SASSISubstance Abuse Subtle Screening

Inventory

How to complete and understand a SASSI

Page 43: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Treatment suggestions and EBP Curricula - Hazelden See outline Who’s driving curriculum– Hazelden

Curriculum for First Time Impaired Driving Offenders

A Design for Living – The Hazelden Substance Abuse Curriculum for DUI/DWI Offenders

Alternate Routes: An Alcohol Diversion Program by Hazelden

Page 44: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Audit tools Includes staff training records

Page 45: DWI in North Carolina Amy L. Bauer, MS, LCAS, CCS Gary Kaufmann, LPC, LPCS, LCAS, CCS

Questions Resource: Wayne Bailey at state DWI

office