If you are convicted of an alcohol or drug-related driving offense, you will be required complete an alcohol evaluation and treatment as recommended by the evaluator. The duration of treatment depends on multiple factors such as your blood or breath alcohol content and whether you have any prior convictions.
While the law does not always require Level II alcohol education, most judges require Level II education at a minimum. Level II education is a 12 week, 24 hour course. In addition to Level II education, the court may require therapy to follow. There are four therapy tracks ranging from A to D, A being the least extensive and D being the most. This chart provides a guideline for the different tracks of therapy.
|Minimum BAC||Priors||Length of Therapy||Length of Level II Education|
|Track A||.120 – .169||None||42 hours||24 hours|
|Track B||.170 or over||None||52 hours||24 hours|
|Track C||Under .170||1 or more||68 hours||24 hours|
|Track D||.170 or over||1 or more||86 hours||24 hours|
If you have undergone an alcohol evaluation and you disagree with the treatment recommendation, you do have a right to ask the judge to order less treatment. The judge will set your case for a hearing and at that hearing, he or she will hear evidence as to the reason you think less treatment is appropriate and will hear from the evaluator as to the reason the higher level of treatment is being recommended. At the end of the hearing, the judge will make a decision and order the level of treatment he or she believes is appropriate.
If your driver’s license is revoked as a result of a DUI or DWAI, DMV may also require treatment. This is the same treatment that will be required by the court, so you should not have to complete two sets of treatment. You may start treatment in advance of any court hearing or license revocation and you will receive credit for any treatment completed ahead of time. Before starting treatment, make certain your selected treatment provider is certified to ensure you will receive credit for the treatment. Generally, any treatment that is offered as an online course is not going to be acceptable.