Drug Courts
If you require assistance locating an addiction treatment center that is able to comply with various aspects of the criminal justice system, call Recovery Connection at 1-800-993-3869 and we will be more than happy to assist you in locating one.
In this section we include some information about the relationship between the disease of addiction and its legal consequences.
- Alcohol Impaired Driving Statistics
- Legal Complications Associated with Addiction and Alcoholism
- Possession of Illegal Drugs
- Assault
- Battery
- Treatment vs. Incarceration
- Drug and Alcohol Long Term Treatment Plan
- Equality in Healthcare Benefit Coverage
- The Logic (Why Parity is a MUST)
- The Nature of the Problem
- HIPPA
Alcohol Impaired Driving Statistics
- Over 260,000 people have died in alcohol related accidents in the past ten years.
- One life is lost every twenty minutes in alcohol related accidents.
- Alcohol related crashes are the leading cause of death for young people between 16 - 24 years of age.
- Over 65% of all fatal car crashes are alcohol related.
- Over 36% of all pedestrian accidents are alcohol related.
- According to an insurance company study, alcohol impaired drivers are estimated to cost taxpayers between twenty one and twenty four billion dollars per year.
- 40% of all suicide attempts are alcohol related.
- 54% of all violent crimes are alcohol related.
- 60% of all emergency room admissions are alcohol related.
- 80% of all domestic disputes are alcohol related.
Legal Complications Associated with Addiction and Alcoholism
Driving Under the Influence (DUI) - Driving While Intoxicated (DWI)
Drunk driving or drinking and driving is the act of operating a motor vehicle after having consumed alcohol or drugs to the degree that mental and motor skills are impaired. In the United States alone, over 17,419 people died in 2003 in drunk driving collisions, representing 41 percent of total traffic deaths in the country.
Drunk driving is illegal and laws prohibiting it refer, to driving while intoxicated (DWI) and driving under the influence [of alcohol or other drugs] (DUI). Such laws also apply to boating, often referred to as boating while intoxicated (BWI) or boating under the influence (BUI). There are regulations which also prohibit piloting aircraft while intoxicated.
Most states in the U.S. designate a blood or alcohol breath level as the threshold point where a person is presumed to be impaired. The most common blood alcohol content (BAC) "legal limit" in the United States is 0.08%.
Unlike DUI cases that involve alcohol, there is no "per se" or legal limit that is employed for persons accused of driving under the influence of prescription medication or illicit drugs. Instead, the key inquiry focuses on whether the driver's faculties were impaired by the substance that was consumed.
A conviction for drunk driving (DWI) or driving under the influence (DUI) can result in fines, jail time or probation. There is always the possibility that the judge could choose to withhold adjudication contingent upon a person completing a residential program for the treatment of substance abuse or alcoholism.
If you require assistance locating an addiction treatment center that can comply with court orders, probation or other aspects of the criminal justice system, call Recovery Connection at 1-800-993-3869 and we will be more than happy to assist you in locating one.
Possession of Illegal Drugs
Drug possession is a crime and is defined as possessing any controlled substance (heroin, cocaine, LSD, crystal meth, marijuana), or unauthorized prescription medication (Oxycontin, Vicodin, Hydrocodone, Percocet). Drug possession can also include possession of drug paraphernalia, materials involved in the production of drugs or accessories involved in the distribution of drugs. Approximately 20 to 30 percent of criminal arrests involve the possession of drugs.
Drug possession cases are usually prosecuted as felonies and less than 10 percent of them are settled in trial. In most of the cases, the person enters a plea of guilty with a sentence that could range from a fine, to jail time followed by probation. There is always the possibility the judge could choose to withhold adjudication based upon a person completion of a residential drug or alcohol treatment program.
If you require assistance locating an addiction treatment center that can comply with court orders, probation or other aspects of the criminal justice system, call Recovery Connection at 1-800-993-3869 and we will be more than happy to assist you in locating one.
Assault
Assault is best described separately from battery, although these two crimes are usually linked together. A widely accepted definition of assault is the unlawful attempt to violently injure another person. The types of behavior that are considered assault are attempts to physically injure someone or even a threat to a person. Many factors can seriously heighten the legal consequences associated with assault such as; if it happened during the commission of another crime, like a robbery it would be referred to as "aggravated assault".
A conviction for assault can result in fines, jail time or probation. There is always the possibility that the judge could choose to withhold adjudication contingent upon a person completing a residential program for the treatment of substance abuse or alcoholism.
If you require assistance locating an addiction treatment center that can comply with court orders, probation or other aspects of the criminal justice system, call Recovery Connection at 1-800-993-3869 and we will be more than happy to assist you in locating one.
Battery
Battery is considered a crime and is defined by the unwanted touching of another person or anything connected to that person. Considered to be offensive, battery is an intended act and without the consent of the person affected. Battery is forceful and usually violent. The major difference between battery and assault is that battery requires more than a verbal threat of harm.
The actual charge of battery can vary. When physical injury exists in what is considered a "serious form" it is referred to as aggravated battery. Although charges differ from state to state, aggravated battery usually includes the use of a deadly weapon, serious injury has occurred, or any battery directed at a woman, child or officer of the law.
A conviction for battery can result in fines, jail time or probation. There is always the possibility that the judge could choose to withhold adjudication contingent upon a person completing a residential program for the treatment of substance abuse or alcoholism.
If you require assistance locating an addiction treatment center that can comply with court orders, probation or other aspects of the criminal justice system, call Recovery Connection at 1-800-993-3869 and we will be more than happy to assist you in locating one.
Treatment vs. Incarceration
While under the influence of drugs or alcohol it is not uncommon for people to engage in a variety of criminal activities. Whether the crimes are to gain access to money with which to buy drugs (robbery, embezzlement, forgery), aggressive behaviors (assault, battery, domestic violence) or causing damage while driving under the influence (hit and run, vehicular homicide, accidents) they all can result in substantial legal consequences.
While these crimes may have been occurred while under the influence of drugs or alcohol, this has little bearing on how the prosecutors view their case. The problem in these situations is if the substance abuse problem is not treated, relapse is likely the moment the person is released from jail or experiences feeling as if they have "beat the system" by avoiding more severe consequences.
The criminal justice system is rarely designed to provide addicts or alcoholics with treatment for their addiction or alcoholism. The judge has a responsibility to dispense the law and protect the public. The prosecutor is not a therapist. They do not want to hear excuses that you would have never committed the crime but for the drugs or alcohol. They are not interested in remorse as a consequence or promise to never drink or drug again. What they look for is justice and punishment.
If the law states that a particular sentence is to be imposed, you had better be able to provide the judge and prosecutor with an alternative that will:
- Satisfy sentencing guidelines.
- Protect the public.
- Protect the image of the judiciary and district attorney's office.
- Demonstrate a willingness to go to any lengths necessary to insure that your behavior will never be repeated.
- Demonstrate you understand the consequences of your actions and are willing to take responsibility for them.
Only through the development and implementation of such a plan, will the judge and prosecutor consider an alternative to incarceration. The judicial system, in most parts of the country, has come to realize it is less expensive to treat someone for their addiction than incarcerate them, release them and have them commit additional crimes.
If you require assistance locating an addiction treatment center that is able to comply with various aspects of the criminal justice system, call Recovery Connection at 1-800-993-3869 and we will be more than happy to assist you in locating one.
Drug Addiction Treatment Centers:
- Alabama
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
If your state doesn't appear on this list, please call Recovery Connection at 1-800-99-DETOX and we will be happy to assist you.
