ADMINISTRATIVE HEARINGS

Alcohol/Drug-Related Hearings

In all alcohol/drug-related cases, certain documentation must be presented at the time of a hearing to be considered for driving relief (Restricted Driving Permit (RDP) and/or Reinstatement). Please be completely prepared for your hearing. A continuance will not be granted if you do not have proper documentation. You must have no pending traffic tickets at the time of your hearing, unless the pending ticket is the only cause of the current loss of driving privileges.

Requirements

You must submit an Alcohol/Drug Evaluation Report, completed after your most recent DUI arrest, by an agency licensed by the Division of Alcoholism and Substance Abuse (DASA). This report must include a recitation of your complete alcohol/drug use history. The uniform report evaluation will place you at a specific classification level. Depending on your classification level, you must comply with additional requirements. Completion of the DUI Risk Education Course must occur after the last DUI arrest date. The requirement of the risk education course cannot be waived. Please refer to your classification level below for complete requirements.

Minimal Risk:

• If your Uniform Report evaluation or the last update evaluation is more than six months old at the time of your hearing, you also must submit a current updated evaluation. An updated evaluation must be completed by the agency that completed your Uniform Report evaluation.
• Must document successful completion of DUI Risk Education Course.

Moderate Risk:

• If your Uniform Report evaluation or the last update evaluation is more than six months old at the time of your hearing, you also must submit a current updated evaluation. An updated evaluation must be completed by the agency that completed your Uniform Report evaluation or by the agency that completed your Early Intervention Program.
• Must document successful completion of DUI Risk Education Course.
• Must document successful completion of Early Intervention Program on the providing agency letterhead indicating the number of hours completed, dates of involvement, a summary of what was explored- addressed and the outcome of your involvement.
• If no Early Intervention provided, must submit a written waiver.
• Must document successful completion of any additional substance abuse treatment recommended by a licensed evaluator or treatment provider.

Significant Risk:

• If your Uniform Report evaluation or the last update evaluation is more than six months old at the time of your hearing, you also must submit a current updated evaluation. An updated evaluation must be completed by the agency that completed your Uniform Report evaluation or by the agency that completed your treatment.
• Must document successful completion of DUI Risk Education Course.
• Must document successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider, including: copy of the Individualized Treatment Plan; copy of Discharge Summary; copy of Aftercare/Continuing Care Plan; and Original Continuing Care Status Report
• If no treatment provided, must submit a treatment waiver.

High Risk — Dependent:

• If your Uniform Report evaluation or the last evaluation is more than six months old at the time of your hearing, you also must submit a current updated evaluation. An updated evaluation must be completed by the agency that completed your Uniform Report evaluation or by the agency that completed your treatment.
• Must document successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider, including: copy of the Individualized Treatment Plan; copy of Discharge Summary; copy of Aftercare/Continuing Care Plan; and Original Continuing Care Status Report
• If no treatment provided, must submit a treatment waiver.
• Must document the establishment of a support/recovery program (Alcoholics Anonymous, church, etc.) and abstinence, by submitting (in all of the following situations witness testimony is acceptable instead of letters): at least three original letters signed and dated within 45 days prior to your hearing, from fellow members/participants verifying your active involvement in your support program; if you have a support/recovery program sponsor, an original letter from your sponsor documenting your active involvement in your support program, signed and dated within 45 days prior to your hearing; at least three original letters signed and dated 45 days prior to your hearing, from individuals (friends, family, etc.) who can verify your abstinence form alcohol/drugs for at least 12 months if seeking reinstatement, but no less than six months for a driving permit.

High Risk — Non-Dependent:

• If your Uniform Report evaluation or the last evaluation is more than six months old at the time of your hearing, you also must submit a current updated evaluation. An updated evaluation must be completed by the agency that completed your Uniform Report evaluation or by the agency that completed your treatment.
• Must document successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider, including: copy of the Individualized Treatment Plan; copy of Discharge Summary; copy of Aftercare/Continuing Care Plan; and Original Continuing Care Status Report
• If no treatment provided, must submit a treatment waiver.
• Must submit at least three original letters, signed and dated within 45 days prior to the hearing, from individuals (friends, family, etc.) who can verify either your alcohol/drug use pattern or abstinence for at least the last 12 months if seeking a reinstatement, but no less than six months for a Restricted Driving Permit. (Witness testimony is acceptable instead of letters.)
• Must submit an additional report from the treatment provider explaining why dependency was ruled out and the cause of your behavior that resulted in three or more DUI dispositions. This requirement cannot be waived.

For more information regarding these requirements, please contact a hearing officer at a Driver Services facility.