"I Want A New Drug"

People often ask me, "so what kind of law do you practice?"... my response is generally...well, I love cars and drugs, so anything that involves them, especially together are a favorite practice area. Now don't get me wrong, when I say I love drugs it's because I see their value. I understand their place in society, and when used with respect, they can be incredibly useful.

Socially, alcohol allows people to loosen up, and communicate more freely. In this day and age, there are people who disagree with my position. They feel alcohol, and other drugs are an evil which needs to be purged from our landscape. This to me is the new prohibition.

When I think of drugs, alcohol, and pot (you can see how dated I can be) that Huey Lewis song comes to mind...

"I want a new drug. One that wont make me sick. One that wont make me crash my car Or make me feel three feet thick.

I want a new drug. One that wont hurt my head. One that wont make my mouth too dry. Or make my eyes too red."

The reason I bring up all this talk of drugs is that if you have been charged with a DWAI, ADWI, or a DWI it is likely you will need an alcohol evaluation as part of the DDP (Drunk Driving Program). Also, if you had a BAC of .15 or higher it is mandatory to have one, see NY DMV brochure:

http://www.nydmv.state.ny.us/broch/c40.htm

You will be required to undergo a alcohol screen/evaluation as part of the DDP program by a OASAS certified provider: http://www.oasas.state.ny.us/index.cfm

Treament and providers can be searched for any New York county here:

http://oasasapps.oasas.state.ny.us/portal/pls/portal/OASASREP.DYN_PROV_SEARCH.show

Now before you go get your OASAS screen and evaluation, there are a few things you need to know:

1. You will be having a urine screen. So "any" drugs in your system will show up. This includes marijuana. Pot has a long half life, which can range from 3- 30 days depending on numerous factors. See Concept 420 website for more info:

http://www.concept420.com/how-long-does-marijuana-stay-system.htm

2. Whatever recommendations the OASAS certified provider makes needs to be followed. This ordered treatment can be up to 8 months under NY law. However, you can go for a new evaluation, read through the DMV brochure linked above. "If you are not satisfied with the results of the evaluation, you may contact the DDP director and request a second evaluation. However, you must accept the findings of the second evaluation."

3. The Court can also require as a condition of your plea that you show proof of follow through (compliance), and completion of all recommeded treatment programs.

Alot of my college clients don't always remember (THC can affect short term memory, there is evidence that 9-THC destroys short-term memory (Heyser, 1993) )that even though they smoked a week or two ago it is still going to show up in their urine, and then bang, they have a dreaded Drug Abuse Diagnosis, and a 3-8 month treatment plan (usually 12 step class based).