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Forms Of Alcohol Treatment Available For DUI Cases

Posted by Ronald D. Hedding | Aug 27, 2018

I have handled a lot of DUI cases over the last twenty-five years. One issue that comes up a lot of times people are addicted to alcohol and are getting multiple DUIs or getting a DUI where they have a terrible accident. They are facing a bunch of jail or prison time, or their blood alcohol level is exceptionally high, way too high for somebody who is just a social drinker.

So, that's when we start talking about alcohol treatment programs. Many lawyers or their salespeople tell people you should go to AA and do these alcohol programs before you even go into court. When I talk to the people, I'm like, wait a minute – do you have an alcohol program?

Because if you don't have an alcohol problem, and this is your first offense, and you just had a few drinks, do you want the prosecutors to think that you're an alcoholic?

Therefore, many of these actions are not intelligent moves. You don't approach every DUI case in Los Angeles the same way. You have to look at the facts and the circumstances surrounding your case, and then you make the decision based on counsel from a reasonable DUI defense attorney on exactly how you're going to deal with your issue.

If somebody is facing jail time and they don't want to go to jail, or they're facing prison time, and they don't want to go to prison, sometimes I've been able to get them a live-in alcohol treatment program.

Often, prosecutors will do this because a good program can help identify the root of the person's problem. Especially let's say, for example, the prosecutors are trying to give somebody a year in the local county jail because they have a second, third, or fourth-time DUI, or maybe because they got in an accident and hurt somebody.

There are several different reasons. Maybe they're going 100 miles an hour. The more dangerous you are, the more likely they will want to throw you in jail.

In this case, instead of jail time, we might consider trying to get you into a live-in program, because I can say to the prosecutor, ' Listen, if you give him a year, he's probably going to be out in two or three months. ' Why not give him a ninety-day live-in program?

Then you know he's off the street for ninety days, and not only that, he's getting help and treatment for the issue that is the genesis of why this person is in trouble, why this person is endangering the public.

And the prosecutors and judges know that if you don't do the alcohol program or walk away from the live-in alcohol program, they're going to alert the court. The court will put a warrant out for your arrest, and when the court catches you, they're going to put you in jail. This underscores the importance of commitment to the program and the potential consequences of not following through.

Outpatient Alcohol Treatment Program

So, I can often get these live-in alcohol treatment programs for people. There are also outpatient alcohol programs. These are not as effective as a live-in program at really stopping people from drinking and getting to the root of the problem, and figuring out how this person is not going to drink alcohol anymore for their health and safety, and is not going to be in a position to endanger the public anymore.

So, I love alcohol treatment programs if people need them, and we don't want them to end up in jail, and we are trying to help them. But, if somebody doesn't need it, then there's no reason you would want to go into an alcohol program except to avoid jail, and that's something I don't know that makes sense, depending on the circumstances surrounding your case.

Therefore, an outpatient program is an option we can consider if it suits your situation, but it may not be as effective in convincing the judge and prosecutor not to incarcerate you.

Alcoholic Anonymous Meetings

If you find yourself in this situation, the legal system can provide support. The judge may require you to attend AA meetings or wear a scram bracelet, all with the goal of helping you address your issues and avoid future DUI incidents.

So, when it comes to an alcohol program, other things can supplement an alcohol program and can be used to help you related to your DUI case in Los Angeles.

Other things that I've done – if somebody has an alcohol problem and it shows based on what they did relate to their DUI case – then I'm going to probably have them get into some live-in program or an out-patient alcohol program because I want to show the prosecutors that we know that there's a problem prosecutor, you don't have to tell us, and we're getting help for it.

By undergoing treatment, you're demonstrating to the prosecutors and judges that you're taking your situation seriously and are committed to making positive changes. This can significantly impact their view of your case and your potential for rehabilitation.

So, when it comes to DUI cases and alcohol programs, they will consider them if they think you're serious about it and want to deal with the alcohol program and not put the public in danger related to getting involved in DUIs.

I've been doing this a long time – many years of dealing with DUIs and alcohol programs – and to me, what it boils down to is the person who has a DUI, who has the issue, is the one who is going to have to say enough is enough.

In other words, they're going to have to say, you know what, I'm not drinking anymore. Drinking is getting me in trouble. Drinking is destroying my life, and I'm going to figure out how to stop. If this DUI that I got is the catalyst to get me to stop, and I need to get into a live-in program, then I'm going to do that.

So, if you're thinking about trying to resolve your case with a live-in alcohol program or an out-patient program, what you need to do if you have a DUI case pending is sit down with an attorney who is local to the court where your case is pending who has done a lot of DUI program. This attorney will guide you through the legal process, help you understand your options, and represent your best interests in court.

Program Counselors Appearing Before The Judge

When it comes to these alcohol programs, some counselors can help you get into the programs, which will appear in court and say, Judge, we got him into an alcohol program. Here's the program. It's live-in.

Here's what the structure will be. Here's where it will be. Here's what we do if the person doesn't follow the program's guidelines or walks away – we'll contact the court and inform them.

Here's how we try to help this person and reintegrate them into society, so that when they're all done, they can succeed. We provide them with the tools to grow and exit the criminal justice system as quickly as possible.

This is the type of alcohol program you will need if you have a DUI pending in LA County, and you've got to coordinate that through your attorney, who can help you get what is necessary to help you get out of the system as fast as possible.

About the Author

Ronald D. Hedding
Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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Hedding Law Firm is committed to answering your questions about DUI law issues in California and throughout the United States.

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