Atlantic Coastal Counseling / Jeff Jaworski LPC, LCAS, CCS, 110 West Woodhill Drive, Nags Head, NC, USA
Assessment
IF you are convicted of DWI, NC DMV will require you to complete an assessment and any education/treatment recommendations PRIOR to full driver's license reinstatement. Completing the assessment prior to court is a mitigating factor and may help your case when going to court.
"What do I need for my Assessment?"
Assessments are confidential and typically take 60-90 minutes. Assessments consist of a clinical interview, completion of a standardized screening tool, review of your driving record, and review of other pertinent factors. In order to complete your assessment the following documents are needed:
- A copy of your ticket
- BAC Report
- Driving Record from all states licensed to drive
"But I don't really drink that much?"
Assessment recommendations are made based on a variety of clinical and administrative factors including ASAM Criteria, diagnosis and BAC. For an example: Anyone with a BAC of .15 or over, or refused BAC should not be recommended to ADETS according to state statutes. Assessments and recommendations are completed consistent with North Carolina 10A NCAC 27G .3800.
"How many hours am I going to have to complete?"
10A NCAC 27G .3813 identifies the following levels of care:
- ADETS - 16 hours
- Short Term - Minimum of 20 hours over 30 days
- Long Term - Minimum of 40 hours over 60 days
- IOP/Day Treatment - Minimum of 90 hours over 90 days
- Inpatient/Residential Treatment -
Many are referred to the first three levels of care. In some cases that require mandatory jail time served, inpatient/residential care may be completed in lieu of jail.
"What Is your schedule? Can I do this online? "
ADETS: Prime for Life 16 hours in 8 - 2 hour group sessions completed in 5-10 days. Completed in office or on line. MUST ATTEND ALL SESSIONS in order.
Short Term & Longer Term Treatment: We will meet individually to develop a treatment plan consisting of both group and individual treatment to best suit your needs and goals. Group sessions will allow you to complete the recommendation in a more efficient manor.
Group Options
ADETS / Prime For Life
Prime for Life 16 hours in 8 - 2 hour group sessions completed in 5-10 days. Completed in office or on line. MUST ATTEND ALL SESSIONS in order. .
Tuesday Nights 5:30pm - 7:30pm
A 2 hour group session utilizing both process and psychoeducation formats to assist individuals in developing and utilizing low risk decision making regarding substance use. We will explore low risk drinking guidelines, "successful drinking" and abstinence based models. Individuals will have an opportunity to explore their own progression
A 2 hour group session utilizing both process and psychoeducation formats to assist individuals in developing and utilizing low risk decision making regarding substance use. We will explore low risk drinking guidelines, "successful drinking" and abstinence based models. Individuals will have an opportunity to explore their own progression of use and factors affecting such progression, including but not limited to genetics, tolerance, social influences and personal belief systems.
Thursday Mornings 9am - 11am
Thursday Mornings 9am - 11am
A 2 hour group session utilizing both process and psychoeducation formats to assist individuals in exploring their decision making and relationship with alcohol and drugs. Explores the progression of use and factors affecting the progression such as tolerance, family history, social influences and personal belief systems. Not always, but
A 2 hour group session utilizing both process and psychoeducation formats to assist individuals in exploring their decision making and relationship with alcohol and drugs. Explores the progression of use and factors affecting the progression such as tolerance, family history, social influences and personal belief systems. Not always, but often clients may be referred due to a legal infraction such as a DWI or other drug related offense.
NC Sentencing Factors
Grossly Aggravating Factors
Grossly Aggravating Factors
Grossly Aggravating Factors
- A prior conviction or guilty plea for DWI if:
The conviction occurred within seven years before the date of the offense for which the defendant is being sentenced;
The conviction occurs after the date of the offense for which the defendant is presently being sentenced, but prior to or contemporaneously with the present sentencing; or
The conviction occurred in District Court, the case was appealed to Superior Court, the appeal has been withdrawn or the case has been remanded back to District Court and a new sentencing hearing has not been held pursuant to G.S. 20‑38.7. - The DWI occurred while driving with a revoked license because of a prior DWI.
- Someone was seriously hurt as a result of the DWI.
- A minor child under 18 was in the car during the DWI.
Aggravating Factors
Grossly Aggravating Factors
Grossly Aggravating Factors
- Gross impairment or blood alcohol concentration of 0.15 or more.
- Especially reckless or dangerous driving.
- Negligent driving that led to a reportable accident.
- Driving while license revoked, for any reason other than a prior DWI.
- Two or more prior convictions for a motor vehicle offense other than DWI for which at least three points are assigned under G.S. 20‑16 or for which the convicted person’s license is subject to revocation, if the convictions occurred within five years of the date of the offense for which the defendant is being sentenced, or one or more prior convictions for DWI that occurred more than seven years before the date of the offense for which the defendant is being sentenced.
- Conviction of speeding by the defendant while fleeing or attempting to elude arrest.
- Conviction of speeding by the defendant by at least 30 mph over the legal limit.
- Passing a stopped school bus.
- Any other factor that aggravates the seriousness of the offense.
Mitigating Factors
Grossly Aggravating Factors
Mitigating Factors
- Slight impairment solely from alcohol, and blood alcohol concentration not more than 0.09.
- Slight impairment solely from alcohol, but no chemical analysis available.
- Driving was safe and lawful except for the impairment.
- A safe driving record, having no convictions for any motor vehicle offense for which at least four points are assigned within five years of the date of the offense for which the defendant is being sentenced.
- Impairment caused primarily by a lawfully prescribed drug for an existing medical condition, and the amount of the drug taken was within the prescribed dosage.
- Voluntary submission to a mental health facility for assessment after being charged with the impaired driving offense for which he or she is being sentenced and, if recommended by the facility, voluntary participation in the recommended treatment.
- Completion of a substance abuse assessment, compliance with its recommendations, and maintaining 60 days of continuous abstinence from alcohol consumption, as proven by a continuous alcohol monitoring (CAM) system. The CAM device must be approved by the Division of Adult Correction (DOC).
- Any other factor that mitigates the seriousness of the offense.