A common question that many defendants have when it comes to their DWI cases is regarding whether or not they should go to Drug Court. In most cases, yes, you should go to Drug Court. However, this is only advisable if you are ordered to go to Drug Court.
Ordered Drug Court
Generally speaking, going to Drug Court is usually an option for either repeat DWI offenders or aggravated DWI cases. Aggravated DWI cases are when the breath alcohol score is so high that it indicates a serious problem. There could be other factors as well where a judge or prosecutor might include Drug Court as part of a plea or sentencing.
If the Drug Court is a condition of a plea offer, the prosecutor does not have to accept the plea. If this happens, you will go to trial. If the plea is agreed upon, the judge can still refuse it. The judge can also add Drug Court as a condition to part of a sentence or plea.
If the judge denies your plea, you may be able to withdraw it. However, this is best done as a last resort so be sure to ask your lawyer for guidance.
Drug Court When It’s Unnecessary
Drug Court is a very intensive, challenging program. Not only are there intense requirements regarding counseling and supervision, but there are regular court appearances and regular random urine tests. Because of this, the chance of failing Drug Court if you are not seriously committed to it is great, which means you will go to jail. If you fail Drug Court, there is no way around serving jail time.
Drug Court is a great alternative to jail when there is no other choice. If you are not ordered to attend Drug Court, however, it is not a good idea to willingly volunteer. You may have great intentions, but it may ultimately set you up for failure. Alternatively, if you are looking for the type of support that is offered by Drug Court, you would be better off to explore your local AA or NA programs. Additionally, detox or rehab centers can be very helpful if you are struggling with drugs and alcohol and it is affecting your life.
If you are facing charges for a DWI, do not hesitate to set up a consultation with a criminal justice lawyer, like the ones at May Law, LLP, as soon as possible. The sooner that you begin the process, the more time you will have to build a solid case.