A licensed substance abuse expert can help any criminal case involving alcohol or drugs, whether it is a first-time misdemeanor DUI or a felony DUI with severe injuries.  One of the important questions you should ask of any potential lawyer is whether they have a licensed and well-respected substance abuse expert that will be working as part of your defense team.

Why is this expert so important?  Judges and prosecutors are political creatures, and they are naturally concerned with their own job security.  They know that it is easy and safe for them to be tough on crime, to throw the book at every defendant.  Being “soft” on crime, or giving someone who stands accused a break, is very risky for them.  Their fear is that if they give a defendant a great deal, that person will go out and quickly re-offend, perhaps even causing injury, and that it is their own career that will be hurt. 

A substance abuse expert can help bring comfort to a judge or prosecutor in just these circumstances, so that a great outcome can be achieved.  These experts are often viewed as more neutral than either the defense lawyer or the prosecutor, who are advocates for their respective side. Just like with defense lawyers, the skill, training, and reputation of the substance abuse expert is vital

The expert can be of help in a serious and aggravated DUI case, or even a misdemeanor DUI case with no aggravating factors.  In aggravated cases, it may be helpful to convince the prosecutor or judge there is a drug or alcohol addiction problem, and that the accused would benefit from a treatment program instead of jail. Treatment is insurance against re-offending.  An appropriate expert can be a vital part of qualifying the accused as being likely to benefit from and succeed in such a program.

A substance abuse expert can also be helpful in a non-aggravated case.  Here, it is helpful for an evaluation to demonstrate that the defendant does not suffer from alcoholism or drug addiction.  This is used to show that the arrest is out of character for the accused, that it was a one-time incident that will not be repeated.  This may provide just the kind of peace of mind that is necessary for a great negotiated outcome.

Many people who are arrested for DUI have simply had a bad-luck problem.  Perhaps they are falsely accused simply because of problems with a machine or an inadequately trained police officer.  Perhaps they shouldn’t have been on the road and were just in the wrong place at the wrong time.  For other people, getting arrested for DUI is simply validation of something others (or they, themselves) have suspected for some time:  There is an underlying problem with alcohol or other drugs.

If you are struggling with such a problem, a DUI arrest may be a silver lining to an otherwise dark cloud.  Notwithstanding the expense, inconvenience and fear associated with a DUI arrest, if it is the catalyst for an alcoholic to find long-lasting sobriety, it is well worth twice the cost.  Alcohol problems are generally self-diagnosed.  These questions are from Alcoholics Anonymous to help you decide for yourself.  

1. Have you ever decided to stop drinking for a week or so, but only lasted for a couple of days?
   
   
2. Do you wish people would mind their own business about your drinking—stop telling you what to do?
   
   
3. Have you ever switched from one kind of drink to another in the hope that this would keep you from getting drunk?
   
   
4. Have you had to have an eye-opener upon awakening during the past year?
   
   
5. Do you envy people who can drink without getting into trouble?
   
   
6. Have you had problems connected with drinking during the past year?
   
   
7. Has your drinking caused trouble at home?
   
   
8. Do you ever try to get “extra” drinks at a party because you do not get enough?
   
   
9. Do you tell yourself you can stop drinking any tie you want to, even though you keep getting drunk when you don’t mean to?
   
   
10. Have you missed days of work or school because of drinking?
    
    
11. Do you have “blackouts”?
    
    
12. Have you ever felt that your life would be better if you did not drink?
    
    
13. Did you answer YES four or more times?  If so, you would likely benefit from help.