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Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Friday, February 17, 2017

NJAC 10:162-4.2. Criteria for client referral to treatment

NJAC 10:162-4.2.  Criteria for client referral to treatment

   (a) The purpose of Intoxicated Driver Resource Center screening is to identify clients who may be alcohol or drug abusers or who need a structured intervention into their alcohol or drug use.
(b) A referral to treatment or for further evaluation shall take into consideration the following facts as relevant to a client's need for treatment or further evaluation:
1. The client is a repeater;
2. A blood alcohol concentration of .15 percent or higher, as evidenced by the client's arrest record if he or she pled guilty, or if convicted at trial with a blood alcohol concentration of .15 percent or higher. Blood alcohol concentration shall only be used to refer where other supporting information exists that indicates a need for treatment;
3. A counselor's evaluation of the answers recorded on the evaluation instrument based on the definition of alcohol or drug abuser;
4. Any prior outpatient or inpatient treatment for alcohol or drug abuse;
5. Any prior self help group attendance for an alcohol or drug abuse problem;
6. Driving record. There must be a clear, independent reason for a treatment referral other than the driving record; however, a driving record that includes motor vehicle or boat accidents, reckless or careless driving, or persistent moving or other motor vehicle violations shall be considered in making a treatment referral and shall be mentioned on any client evaluation documents;
7. Counselor interview and observations. All counselor observations and data used to determine treatment appropriateness shall be documented. They may include symptoms of alcohol or drug abuse including voluntary admission by the client that an alcohol or drug problem exists. A counselor's evaluation based on documented observations and data that a client is an alcohol or drug abuser (as defined herein) is sufficient to refer a client to treatment;
8. Outside information. The Intoxicated Driver Resource Center/Intoxicated Driving Program staff may receive information from outside sources such as a client's family, treatment facilities counselors or physicians. Such information may be utilized if the source of the information is disclosed to the client and he or she is given the opportunity to review and comment on the information; and
9. Age. The age of an offender may be considered as a factor, but only in addition to other criteria listed in this subsection indicating the appropriateness of a referral to treatment.