What Is an ADSAP Evaluation in a Kansas DUI Case?
Interviewer: You mentioned ADSAP, what does that mean? What does that stand for?
Paul: It is the Alcohol and Drug Safety Action Program, ADSAP. Kansas’ DUI law requires that anyone who is found guilty of drunk driving must complete an ADSAP evaluation with a court-approved counselor before the judge is allowed to enter a sentence in the case. Similarly, the law requires that anyone who wants to particiate in Diversion of a First-Time Driving Under the Unfluence charge must complete an ADSAP evaluation..
The ADSAP Will Evaluate Your Alcohol Use and Recommend Treatment
Anyone charged with an alcohol-related driving offense needs to go complete an evaluation with a licensed clinical therapist to determine the person’s patterns of use. The provider wants to determine if this person is someone who drinks on a daily basis and only by pure luck they have not been arrested for DUI yet. Or do we have someone who drinks very responsibly and very occasionally and was truly just in the wrong place wrong time? The provider tries to figure that out during the assessment and then they will assign drug and alcohol classes or treatment according to the person’s needs.
The Treatment Program Could Range from a One-Day Class to a 4-Month Class
For someone who does not appear ot have an addiction issue, they may need to complete a one day one time once class on a Saturday. They go in the morning, and by 5:00 they get their certificate of completion. But for someone who appears to be a real heavy user and sort of has maybe an addiction issue with alcohol they may be required to complete 16 or more weeks of one on one clinical therapy in order to get that certificate that completion.
Will It Help Your DUI Case if You Voluntarily Attend Counseling?
Interviewer: Given that a lot of people could face this, whether they’re convicted or they go into the diversion program, do you recommend people voluntarily get a drug and alcohol evaluation even before their case is resolved? Does that help?
Attorney Cramm Will Occasionally Recommend Voluntary Counseling to Mitigate Potential Penalties
Paul: Occasionally I will make that recommendation, after I obtain the police reports and the field video. After I have reviewed that material myself and with my client, if there’s some evidence in there that we’re just not going to get around despite my best effort then it is in my client’s interest to be proactive and get the assessment early.
If I know I have a case that I will not be able to win at trial, I will often recommend that my client complete the ADSAP evaluation and evin begin the recommended course of treatment, before we show up to negotiate with the prosecutor. I think it looks good when I can show the prosecutor, “My client already has the evaluation and has already scheduled his Saturday class, or has already scheduled his first of however many recommended sessions there are.”
Is There a Cost for the Alcohol Evaluation and Treatment?
Interviewer: How much does the ADSAP program cost somebody, whether it’s a low level or a high level?
Paul: I believe it is still $150 for the evaluation, though that is likely to go up a little bit every legislative session. The treatment will depend on what is required and who you chose. The ADSAP provider will give the person a list of approved counselors and different private practice counselors may charge different fees for their services. It could be several hundred dollars to participate in the recommended treatment.
Watch this video to learn how Paul Cramm defends DUI and DWI defense and to see why you need his representation in your Kansas City Drunk Driving case.
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