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Michigan Criminal Defense Lawyer Blog
Substance Use Evaluations in Michigan DUI Cases: What to Expect and How to Choose an Evaluator
Short Answer: A substance use evaluation is a clinical assessment conducted by a qualified professional to determine whether a person has an alcohol or drug use disorder and whether treatment would be beneficial. In a Michigan DUI case, an independent evaluation may also help with plea negotiations and sentencing. Obtaining the evaluation early gives the client time to begin any recommended treatment and establish a record of progress before the case reaches sentencing.
Being arrested for drunk driving does not necessarily mean that someone has an alcohol use disorder. An arrest may raise legitimate questions about a person’s relationship with alcohol, but answering those questions requires more than a review of the police report, chemical test results and prior record. A qualified evaluator considers the person’s drinking history, health, personal circumstances, and other clinical information before reaching a conclusion.
At the Barone Defense Firm, we frequently recommend a private substance use evaluation early in the representation. The evaluation can help us understand whether treatment would be appropriate and, when necessary, begin developing a sentencing mitigation strategy. It may also help the client recognize and address problems that extend beyond the criminal case.
The controlling Michigan Supreme Court decision remains People v. Perlos. It upheld the statutory procedure in 1990. More recent Fourth Amendment law creates a principled basis for challenging the statute as unconstitutional as applied to the warrantless acquisition of private medical information and for asking the Michigan Supreme Court to reconsider Perlos. But no controlling decision has displaced Perlos. A careful defense must therefore develop the constitutional challenge while also testing whether the prosecution satisfied the statute in the first place.