Should I Go to Dr. Feel Good or Nurse Ratchet for My Substance Abuse Evaluation?

In the State of Iowa, a substance abuse evaluation is a typical condition of pretrial release on an OWI (DUI) or controlled substance charge. If a Defendant is released on his or her own recognizance or otherwise posts bond, the Judge can order the Defendant to obtain such an evaluation.

Moreover, pursuant to Iowa Code § 321J.3, the Court must impose the requirement that a Defendant obtain a substance abuse evaluation prior to sentencing.

In addition to these  conditions for the above offenses, Iowa Code § 124.47 requires, as a “penalty” for possessing alcohol under the legal age that a Defendant choose between completing a substance abuse evaluation or surrendering their driving privilege for one year.

Pursuant to Iowa Code § 901.5, the Court has the authority to impose the treatment recommended by such an evaluation in any case where it is authorized to order the evaluation.

In addition to these requirements, the Iowa Department of Transportation will insist that a Defendant show proof of completion of a substance abuse evaluation prior to reinstatement of a driving privilege.

Substance abuse evaluations are part of “court life” and thus there has sprung up a cottage industry of evaluators. Some such evaluators also sell treatment services—and a reasonable argument can be made that, because the Court has the authority to order the Defendant to pay for any recommended treatment, such treatment sellers are conflicted. On the flip side, there are evaluators who proclaim that they are “conflict free” in this regard—and disavow “coercive treatment” recommendations on philosophical grounds. So who should the Defendant go to for his or her evaluation?

My answer has surprised many defendants. For those who are seeking to prove themselves worthy of leniency—either in the deferred judgment or sometimes even the weekend program context—I will recommend that the Defendant go to an evaluator likely to recommend treatment. Why? If the evaluation recommends nothing, the Court could consider that it was the intent of the Defendant to avoid treatment. Second, it won’t give the Defendant an opportunity to prove himself or herself—to bring in the Gold Star Diploma after having completed the recommended treatment.

It’s a great feeling, as an attorney, to bring in all of the necessary documentation to show that the Defendant has completed, with flying colors, a treatment program at sentencing. It has to be a great feeling for the Defendant, too. Because it predictably earns kudos for Defendants who have done “what you’re supposed to do” and “what we like to see.”

On the other hand, there are those who are not seeking leniency. They may have already served the minimum jail sentence or have other charges pending that will require additional time. A substance abuse evaluation may be pro forma and a recommendation for treatment might not otherwise benefit the Defendant. For these Defendants, I don't usually have to make a recommendation. They usually have heard from friends about the best choice for a substance abuse evaluation.

No matter what, there is no way to predict the outcome of a substance abuse evaluation. I have seen professionals accused of consistently making a “no rec” recommend treatment come back with treatment options. And, on rare occasions, I have seen self-serving treatment sellers make “no rec” recommendations, as well.

 

The short answer is that an eval is required and it's best to get it out of the way early and follow any recommendations to the letter.

 

A blog is not legal advice. No attorney-client relationship is established by reading a blog or by sending unsolicited information to a lawyer over the Internet.