Dec 18, 2014 - Refrain from illegal drugs and you will have no problem.
As a DWI defense lawyer I am often asked, 'so what happens at the DDP (drinking driver program) and the VIPs (victim impact panel)?' If your scour the internet very little is divulged about either of these two programs. They do not admit attorneys because I have asked, and they do not even give out a curriculum.I am a curious person. I have a need to know about things. I am forever inquiring about How things work, and what procedures people follow. I admit I love to go on the internet and find stuff about stuff. Well all that I am about to reveal is after extensive surfing and research.
The completion of these programs is usually necessary to obtain a conditional driving license or privilege to drive in NYS, and to satisfy Conditions of the Court. The DDPs are ongoing programs but the VIPs are given at specific times and dates depending on the county you are in. Some Courts do not require out of state motorists to complete the VIP or the DDP but some require a like (similar) program's completion to satisfy a plea bargain.
Yates County, NY holds two VIPs per year whereas Tompkins County, NY has a VIP every three months. Some counties are just starting to form VIPs.
How serious are the VIPs taken? Recently in Dryden, NY a person was sent to jail for a failure to attend the program on the specified date. Maybe it would have helped had he not stated in Court to the Judge that his reason for non-attendance was that he decided to go on vacation during the VIP date.
The DDP seeks to examine the arrest experience, evaluate the factors that led to the DWI arrest, and to help drivers make appropriate future driving decisions.
1. It is not merely a class but involves discussion among the participants about problems involving drug and alcohol abuse. Be prepared to interact, this is not a passive experience.
2. The program is seven (7) sessions in total. One (1) session per week. Each session lasts from two to three (2 to 3) hours. Total program time of sixteen (16) hours.
3. The first session discuss the reasons for the program (education and rehabilitation).
NYS seeks to decrease the personal and property losses due to driving under the influence of drugs and/or alcohol. The program's original intended goal was educational and not rehabilitative but that has changed over the last thirty years. I think because the political tenor of our country and Courts has shifted to adopt a AA position in regards to the treatment of alcohol and drug problems. The NYS DDP has been around for over 30 years in one form or another.
4. As discussed before you will participate. You will fill out a drug/alcohol screening form (see the M.A.S.T.), usually the Michigan Alcohol Screening Test or like format. You will write about the night of your arrest, and the events proceeding it. The DDP wants you to look at your behavior, and what led you to this point in your life. This program is about self reflection.
5. There will be two instructors, one who is an alcoholism counselor, and one who is a highway safety expert. Session two will cover traffic safety and safe driving. There will be films to watch and discuss. The alcoholism counselor will decide whether further drug and alcohol evaluation is necessary for each of the participants.
6. Session three connects the use of drugs and/or alcohol with driving safety issues. Myths concerning drinking coffee or splashing cold water or listening to music to sober up are dispelled.
7. The fourth session deals with the physiologic effects of alcohol on the body, and it's various systems. What happens at various blood alcohol levels. How function and behavior are dramatically affected. How alcohol affects the central nervous system See the youtube videos by Father Martin a proponent of AA. This was in the old version of the DDP. New versions don't have Father Martin or the Twelve Steps.
His videos have been used at the DDP. His views and emphasis are on the disease concept of addiction.
8. Session five and six deals with alcoholism as a disease, and discusses alcohol abuse detection. AA (alcoholics anonymous) is discussed and recommended by the DDP.
9. Session seven is a summary of the course. The sessions as a whole were developed to instill healthy decision making, change the participants attitudes, and prevent future unsafe driving patterns.
The VIP (Victim Impact Panel)
![Drinking Drinking](https://media.apnarm.net.au/media/images/2017/08/23/b88936419z1_20170823170223_000g2aom48s2-0-4dgf6j00i5vpoyyrso2_t620.jpg)
It can run from one to three hours in length.
Some of the speakers will be professional counselors involved in rehabilitation.
Some of the speakers may be people affected directly by drunk driving.
There are usually people affiliated with AA (alcoholics anonymous) who present at the VIP.
The doors will be locked so be prompt.
You will be observed so do not bring books, ipods, or any distractions or else you will be marked as absent.
Do not fall asleep or else you will be marked as absent.
Some of the ideas, history, and concepts presented in this blog were inspired and adapted from online articles, the book Drunk Driving 'an American Dilemma' by James Jacobs, and assorted sources. It is presented merely as an education and information tool in response to many people who have asked me about what really goes on behind closed doors.![Does The Drinking Driver Program Drug Test Does The Drinking Driver Program Drug Test](https://www.theawarenessgroup.org/wp-content/uploads/2016/10/cropped-imageedit_1_8942749384.gif)
Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
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If your New York State driver’s license has been suspended or revoked due to a drug or alcohol-related driving violation, the DMV may issue you a conditional license so that you can do the necessary things in your life that require you to be able to drive. However, there are certain requirements that you must meet in order to get and keep a conditional license, including participating in the Impaired Driver Program (IDP). In order to prepare yourself for enrolling in the IDP, you should know what the program requires, what you must do to complete it, and what the penalties are for not finishing.
What can I do with a conditional license?
A conditional license allows you to drive to a limited number of places, including:
- To and from work
- To and from school
- To and from probation
- To and from the DMV
- To and from doctor’s appointments
- To and from your child’s school or daycare
- To and from the Impaired Driver Program
In order to be eligible for a conditional license, you must attend an Impaired Driver Program approved by the DMV.
The Impaired Driver Program
The Impaired Driver Program (IDP), previously known as the Drinking Driving Program, is in-depth alcohol and drug education that helps people identify and change and high-risk behaviors in which they engage. The instruction is given in the forms of multimedia presentations, discussions, and workbook exercises. You must also go through a preliminary screening to identify any risk factors that may indicate a substance abuse disorder. If you are found to be at risk, you will be referred for clinical assessment.
To maintain your conditional license, you must attend all seven classes of the Impaired Driver Program for a total of 16 hours. Once the classes are over, your enrollment in the program ends unless you are referred for formal evaluation and treatment. This referral can be made by the state court, the Department of Probation, or by the IDP. IDP referrals can stem from a number of different factors, such as:
- The results of your written self-assessment
- If you have two or more alcohol or drug-related driving convictions within 10 years
- If you were arrested for an alcohol or drug-related driving violation while enrolled in the IDP
- If you ever attended class under the influence
- If you ask for help with a substance abuse problem or are already in treatment
If you are referred for evaluation and potential treatment, you must choose a provider who is preapproved by the Office of Alcohol and Substance Abuse Services (OASAS). If you are unhappy with the results of your evaluation you are allowed to ask for a second one, but you must accept the results of the second one if you choose to have it. In the event that you do not complete your required evaluation or treatment, you will be dropped from the Impaired Driver Program and your conditional license will be revoked. You may also be referred by the court or Department of Probation before you enroll in the IDP. If your assessment determines that treatment will be required, you must complete your treatment before the IDP will issue you a completion certificate.
Completing the program
Once you have met all of the program requirements, the Impaired Driver Program will issue you a Notice of Completion. The completion information will also be submitted electronically to the DMV. Once this has happened, depending on your license status and your driving record, you may be eligible to apply for a new driver’s license. Your eligibility for this may be affected if:
- You have two or more alcohol or drug-related driving violations on your record
- Your conditional license has been revoked
- You were under 21 when your alcohol or drug-related driving violation occurred
- You refused an alcohol or drug test on the date of your violation
- You committed your violation while operating a commercial vehicle
If you do not satisfactorily complete the required components of the Impaired Driver Program, you will be dropped from the course and lose your conditional license. If you are dropped, you must get consent from the director of the program to re-enter. The re-entry fee is $50. Your conditional license can be reissued, but it can only be reissued once.
Unless you have participated in the Impaired Driver Program within the past five years or you have been convicted of another alcohol or drug-related violation within five years of your current violation, participation in the program is voluntary for those convicted of an alcohol or drug-related violation. These limitations, however, do not prevent the court from being able to mandate that you participate in the program.
What to do
If you have been charged with DWI and are concerned about your license being revoked or suspended, call the law offices of Lipsitz Green Scime Cambria. Our DWI attorneys know your rights and will be able to find the weaknesses in the charges against you. Call today to find out the potential penalties you may be facing and what your rights are going forward.
This article does not purport to give legal advice and is for informational purposes only.