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Get Help Now! Michigan's DUI
Court System
![]() Defending Drinking Drivers In January 2006, Mr. Barone was selected after a national search to assume authorship of Defending Drinking Drivers (James Publishing) a well-known and highly respected multi volume national legal treatise on DUI-DWI law and practice. |
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I thought that you did a remarkable job and I am extremely proud that I had a chance to work with you. I have NEVER worked with a lawyer who was more thorough and dedicated on a case... ever. -S.L. |
Substance Abuse Evaluations
Using an Evaluation to Obtain Driving Privileges If your are eligible to apply for restricted driving Privileges or full restoration, then you will need to present the hearing office with an appropriate substance abuse evaluation. A well written and favorable evaluation will be the very foundation of your case, and the standards set forth in Rule 13 of the Administrative Rules should be addressed in this evaluation. While it will be difficult to obtain an evaluation that contains the exact language of the Rule, you should consider attempting to obtain an evaluation that at a minimum forcefully states the opinion that you are at low or minimal risk for relapse, and incorporates as many as possible of the other standards set forth in Rule 13. You might consider giving the rule to your therapist prior to having them prepare your evaluation.Ê You might also consider seeing a therapist for a period of time before seeking the evaluation, because this way your therapist will be able to more accurately state a forceful and favorable opinion and prognosis. You will need to decide where to go to have such an evaluation performed, and the materials from the SOS contain several locations throughout the State that provide these services.ÊYou might also consider contacting your insurance carrier for a suggestion as to where to go for this evaluation. Another alternative to obtaining a referral from an insurance company is to directly contact a treatment center in your area that specializes in substance abuse.Ê A center weÕve used successfully in the past is Maplegrove which is located in Farmington Hills.Ê You may want to first check with your health insurance carrier to determine if they cover this service. Whatever you decide relative to who will perform the substance abuse evaluation, once youÕve had the evaluation done, you will need to sign a release with the evaluating therapist, who will then provide our office with a copy.Ê We will present same to the DLAD along with our request for a hearing.
In the context of the underlying criminal case, the purpose of this evaluation is to determine what treatment, if any, might be necessary to address any underlying alcohol or substance abuse problems.Ê Once we have such an evaluation, and we can show that you are following through on the treatment plan, then we can use this information to help persuade the Judge that you are making a diligent effort toward maintaining your sobriety.Ê
The reason that this information is useful and important is because it shows that you are a viable candidate
for "rehabilitation", and therefore, that less or no punishment in the form of incarceration is required to
"protect society".Ê Armed with this information, we can (in the event of a conviction) make an appropriate
argument to obtain the best possible sentence.
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