The Skinny on Substance Abuse Assessment and Treatment for DWI Offenders

When a person’s license is revoked for certain offenses involving impaired driving, the person must, before his or her license may be restored, obtain a substance abuse assessment and complete the treatment or education recommended based on that assessment. G.S. 20-17.6. This requirement applies when a person’s license is revoked upon conviction of any of the following offenses: driving while impaired pursuant to G.S. 20-138.1, commercial driving while impaired pursuant to G.S. 20-138.2, driving while less than 21 after consuming alcohol or drugs in violation of G.S. 20-138.3, driving a school bus, school activity bus, or child care vehicle after consuming alcohol under G.S. 20-138.2B, or a second or subsequent conviction of driving a commercial motor vehicle after consuming alcohol under G.S. 20-138.2A. DMV must receive a certificate of completion before it may restore the person’s driver’s license; indeed, the revocation period is extended until it does. G.S. 20-17.6(b). And for defendants sentenced to probation under G.S. 20-179, a substance abuse assessment and completion of recommended education or treatment must be required as a condition of probation. G.S. 20-179(g),(h), (i), (j), (k). These assessments must be completed by facilities so authorized by the state Department of Health and Human Services. G.S. 20-17.6(c); G.S. 122C-142.1(a). An assessment consists of a face-to-face clinical interview, administration of an approved standardized test to determine chemical dependency, review of the person’s driving record, and verification of the person’s alcohol concentration at the time of the offense.  10A NCAC 27G .3807.  After the assessment is completed, the [...]