Driving Under the Influence Program
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Under-21 DUI and Zero Tolerance Questions
Click on a question below to reveal or hide its answer.
- Q.
- How do DUI providers handle getting Zero Tolerance clients straight from the court?
- A.
- Once it is confirmed that a client has been convicted of Zero Tolerance (ZT) the client must be referred to an Early Intervention Program (EIP) and receive services in accordance with administrative regulation 908 KAR 1:315. The EIPs have been instructed to contact the court in their region and advise the judges and the clerks of the proper handling of ZT convictions. If the court continues to refer individuals convicted of ZT to your DUI program, then you should ask the EIP to contact the court to ensure that the proper procedure is followed.
- Q.
- Should DUIs for individuals under age 21 with a BAC of .10 go to an Early Intervention Program?
- A.
- No. An individual who is under 21 with a .10 BAC convicted of driving under the influence must receive an assessment and complete the required education or treatment in a certified DUI program. KRS 189A.010(7) states: "If the person is under the age of twenty-one (21) and there was an alcohol concentration of 0.08 or greater based on the definition of alcohol concentration in KRS 189A.005, the person shall be subject to the penalties established pursuant to subsection (5) of this section." Subsection 5 contains the penalties for a person convicted of operating a motor vehicle while under the influence of alcohol or any other substance which impairs one's driving ability.
- Q.
- How do we treat a 19-year-old with a first offense DUI with a BAC of .12 and a first offense DUI with a BAC of .06?
- A.
- The first thing you must do is to confirm with the court if the client is convicted of Driving Under the Influence (DUI) or Zero Tolerance (ZT). It is important to remember that a nineteen-year-old can be convicted of DUI, and that either of these charges could result in a conviction for DUI. The .12 BAC would result in a per se conviction and the .06 BAC could result in a conviction where impairment is proven.
It is more likely, however, that this client would be convicted of ZT on this latter charge. If it is determined that the client has been convicted of DUI for one or both of these charges, then he must receive an assessment and complete the required education or treatment in a certified DUI program. If the client is convicted of ZT on one of the charges, then the DUI program should first refer the client to an Early Intervention Program (EIP) for enrollment. The EIP should then refer the client back to the DUI program for the required services. The DUI and EIP programs should communicate to be sure that the services the client receives will satisfy the requirements for both convictions.
Also, the EIP must be notified when the client completes the program, so that the required paperwork for the ZT conviction can be sent to the court and the Transportation Cabinet by the EIP. Of course, the DUI program must also send in the required paperwork for the DUI conviction. The key here is to ensure that the client receives a service at a level of care sufficient to satisfy the more serious offense so both offenses will be satisfied. The main thing to consider is that the client should not have to complete two programs.
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