Legal Question in DUI Law in New York

Alcohol Treatment Programs in NY state

Is there any way that I do not have to go to a alcohol treatment program? I have 2 DWI's and I plead guilty to the last one. I was aressted Sept.2006 and sentenced Ja.2007 to 3 years probation very high fines. I attended the NYS Drinking Driving Impact Class, hve one payment left on my fine, go to probation every week, work 5 days a week, do not drive, I have completed all my community service(180hrs), attended 12 weeks of a alcohol program. (I have not had a drink since Sept. 2006.) I had to stop because of college. Last week my probation officer violated me and had me arrested for not enrolling in a treatment program. I went to court and the judge said either enroll in a program or go to jail. I start college 4 nights a week(6pm-9pm) and on Saturdays. I work 5 days a week. If I have to go, I to drop out of college and will still be liable to pay my student loans for something I could not attend. Is there any thing I can do?


Asked on 8/24/07, 10:56 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Alcohol Treatment Programs in NY state

You are not thinking straight. You also do not understand your disease. You may even be in denial of a disease. There are many definitions of Alcoholism. The one lawyers and judges use is that alcohol has caused you to get into trouble with the law.

This has happened to you twice. You are appropriate for alcohol therapy.

That said, you need to understand a few things about Alcoholism. First, most alcoholics, especially in the first throws of the disease, are exeptionally functional. Hence while it is a credit to you, that you have managed to hold a job and go back to school and not have a drink in a year, it is also not a suprise.

Second, you do not have to be actively drinking to be an alchololic. Being a dry alcoholic is still a problem.

Now, lets look at your immediate problem. It appears that the court is looking for an alcohol treatment program. Have you looked into a program at the college you are attending. Some schools will provide these types of programs and at the same time give you college credit in psychology or social science. Is there a therapy program available on Sunday? Will enrollment and active participation in AA give you an opportunity to fufill the requirement?

Once again, everything you are doing now is not only admirable but important... however, if you fail to really address the issues that caused your "stinkin' thinkin'" to begin with, you will only sentence yourself to destroy, what you are trying to build for yourself.

Contact your lawyer. If you do not have one, you can contact me and I will get you a name of someone who both understands the disease and can work to convince the court to give you more time to get your therapy done.

Your job is to start to study the disease and get to know it well. Then you will understand why the P.O. is being so insistent and see this as more a part of your recovery and less as something that is being done to you. I urge you to get to Barnes and Nobles or to an AA meeting and buy the Big Book of AA. The first 180 pages or so will give you all you need to know to understand what the court wants you to accomplish, and why you probably need to walk that walk in order to assure yourself a life, free of alcohol addiction, and more criminal penalties.

Good Luck.

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Answered on 8/25/07, 11:27 am


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