In Maryland, a judge may order that a defendant who is charged with a DUI (driving under the influence), a DWI (driving while intoxicated), or another alcohol/drug-related offense undergo a substance abuse evaluation. This evaluation is used to evaluate if the defendant has a substance abuse disorder and what treatment plan should be ordered depending on the result of the criminal charges.

Generally, the substance evaluation must be completed before the defendant is sentenced. In many cases, the evaluation must be completed before any trial. Judges can also require that the evaluation be completed within a specific period if the defendant is being placed on probation before judgment (PBJ).

According to American Addiction Centers, about 45% of US inmates committed drug-related offenses. Nearly “85% of the prison population meet the criteria for a substance abuse evaluation or committed crimes under the influence of drugs or alcohol.”

What happens at the substance abuse evaluation?

Defendants should expect that the following will happen at their evaluation:

• They’ll be interviewed by a certified alcohol or drug treatment provider.
• The evaluation will include a review of the defendant’s driving record, criminal history, and arrest record.
• The defendant may be required to submit to an alcohol and drug blood or urinalysis test.
• The cost of the evaluation will run about $100 to $200.

Once the evaluation is complete, the person making the evaluation will make a recommendation as to whether the defendant has a substance abuse problem or if the problem was just a cautionary event – an exercise in bad judgment.

If the evaluator determines that a defendant has a substance abuse disorder, the evaluator will recommend a course of treatment. The treatment plan will normally include counseling, random alcohol or drug testing, either an outpatient or an inpatient treatment program, and group or individual treatment sessions. The more severe the disorder, the longer and more intense the treatment program is likely to be.

Even when the substance abuse evaluation shows that that arrest was due to poor judgment, the defendant will likely be ordered to attend a substance abuse education course as a preventive measure.

Are there consequences for failing to attend or complete the judge’s required substance abuse evaluation?

Generally, we recommend that you should complete the evaluation. If you fail to complete the evaluation you:

• May not be eligible for a probation without judgment.
• May receive a harsher sentence
• May be denied eligibility for any alternate sentencing programs

In addition, the Maryland Department of Motor Vehicles may deny your request to reinstate your license after a DUI or DWI conviction until you show proof that you completed the evaluation and any recommended treatment programs.

Maryland law on alcohol and drug evaluations of criminal defendants

Maryland Health – General Code Section 8-505 (2022) provides that before a criminal trial, during the trial, or before or after sentencing, a Maryland judge can order an evaluation if:

1. “It appears to the court that the defendant has an alcohol or drug abuse problem; or
2. The defendant alleges an alcohol or drug dependency.”

The court can set and change the evaluation conditions. If a defendant is serving a sentence for a crime of violence, the evaluation must wait until the defendant is eligible for parole.

The conditions may include determining:

• Whether the examination can be conducted at an outpatient center.
• The amount of bail that should be set for the defendant, or authorize the defendant’s release on his/her personal recognizance.
• Ordering confinement of the defendant in “a medical wing or other isolated and secure unit of a detention facility.”
• Other conditions, depending on the severity of the dependency and other factors.

What types of rehab treatments help DUI defendants with substance abuse problems?

Defendants who are assigned to an alcohol rehab treatment program can expect the following, according to Very Well Mind (the rehab will vary depending on the type of addiction, the severity of the addiction, and many other factors):

There are generally three types of rehab centers that a judge can assign you to attend:

• Long-term residential treatment. This type of facility offers 24-hour care generally for between 6 and 12 months. It includes group therapy, individualized therapy, education programs, nutrition, addiction therapy, and socialization. These facilities are not hospitals.
• Short-term residential treatment. This type of treatment is based on the 12-step approach to addiction recovery. The programs generally last about 3-6 weeks – followed up by outpatient therapy and support from groups such as Alcoholics Anonymous.
• Outpatient alcohol treatment. With this type of treatment, you can live at home and attend a treatment center during the week. Many of the treatment sessions will be similar to those offered at residential treatment centers.

A typical day at an alcohol rehab center is structured. A common day might include the following:

• Waking up at a set time. Taking any prescription medications, such as medications to help with withdrawal symptoms. Breakfast. A group therapy session. Some time to yourself.
• Lunch. An individual therapy session. Time to exercise to help manage mood swings. An education course that focuses on addiction, mental health, or nutrition.
• Dinner. Another group session. Time to get ready for bed at a preset time.

Many alcohol rehabilitation centers offer family group therapy.

When you’re first admitted, you’ll take part in an intake interview that will review how much you drank or used drugs in the prior 30 days, where you live, how stressed you’ve been, what activities you did or didn’t participate in, whether you have a job or attend school, whether you’ve had prior treatments, and other questions.

Once there’s been an assessment, DUI defendants will go through a detoxification process, which is likely to include some withdrawal symptoms.

Near the end of your treatment program, you and your counselor will develop an aftercare program to assess and prepare for your life once the basic program is completed. You may be assigned to a sober living home, have follow-up therapy, join alumni support groups, and make other changes to avoid the possibility of a relapse.

If you were arrested with a DUI or a DWI, our skilled criminal defense lawyer fights to obtain a dismissal, an acquittal, or an acceptable plea bargain. We’ll explain why you need to complete a substance abuse evaluation and any court-ordered rehabilitation requirements. We will work to obtain a dismissal, an acquittal, or a plea bargain. We’ve helped many DUI and DWI defendants. Carey Law Office has locations in Bowie, Crofton, and Dunkirk. Call us or fill out our contact form now to schedule a consultation. We also serve Calvert County.