In accordance with changes in New York State's Vehicle and Traffic law (VTL) of 2006 and 2007 (§1198-a), anyone charged with or convicted of an impaired driving offense in New York State must be evaluated by a qualified professional who has been approved by New York State Office of Alcoholism and Substance Abuse Services (OASAS) for DWI screenings and assessment. This state-mandated process includes a psychosocial interview, physical and mental assessment, alcohol/substance use history, and at least one of the following written instruments:
- Alcohol Use Disorders Identification Test (AUDIT)
- Drug Abuse Screening Test (DAST)
- Michigan Alcoholism Screening Test (MAST)
- Research Institute on Addictions Self-Inventory (RIASI)
- Simple Screening Instrument for Substance Abuse (SSI)
When you come for your initial visit, you should bring copies of all arrest tickets or other documents issued in connection with your impaired driving arrest, a photo ID (preferably your driver's license or DMV non-driver ID card), documentation of any medications you may be currently (or were at the time of your arrest) taking, and payment information.
It is recommended you come to your first appointment with a full bladder. Urine drug screenings are performed by a laboratory licensed pursuant to Section 575 of the NYS Public Health Law using gas chromatography with mass spectrometry or an equivalent scientifically accepted method that provides quantitative data about the detected drug or drug metabolites.
Assessments include the following elements:
- Psychosocial History - personal, marital and relationships, health, family history, legal history, employment status/history, educational history, strengths/areas for improvement.
- Alcohol and Substance Abuse History - substances used, frequency, previous attempts to stop abusing alcohol and/or other substances, usage pattern, and alcohol/substance use by family and friends.
- Health Records - Physical health/needs, medical review of medical records, communication with other healthcare providers if indicated.
- DMV Abstract of Driving Record - Available at this office with your written consent.
- Collateral Sources - Discussions or documents with persons or organizations providing pertinent information.
We must have copies of arrest tickets and related documents, including a copy of any Court Orders if there are any, for this type of evaluation. Ideally, these may be faxed in advance to 866-428-0282, or bring them to your initial office visit.
Driving Privilege Restoration
After you have completed treatment and demonstrated a period of sobriety, a provider authorized by OASAS and the DMV may complete what was previously known as a DS-449 Form (Alcohol & Drug Abuse Rehabilitative Program Summary), now replaced by the online Impaired Driver System documenting that treatment has been completed and no further treatment is recommended as a condition of relicensure.
Treatment completion is only one condition you will need to satisfy in order to regain your driving privileges after a suspension or revocation for an impaired driving offense. There may also be fines or surcharges to pay, as well as approval from probation or parole officers (if applicable), and other administrative requirements. Contact you local or State office of the Division of Motor Vehicles for specific details.
To begin the administrative process of applying to regain your privileges to drive in New York State, create a free MyDMV account which will connect to your personal driving history and guide you through the necessary step. You may obtain a copy of your DMV Driving Abstract online or in-person at the local DMV office for a $7.00 fee; or (in some cases) at no cost through Choices Mental Health Counseling PLLC.