The Heresy of the Twelve Steps

The fundamentalist, former drunks who run AA (and the entire "industry" including Amethyst Foundation, Inc.), if they had functioning intellects, would quickly realize that the Twelve Steps are heresy.  But, either by choice, or by past alcohol use, or genetics, or a combination thereof, they don't.  I'll spell it out for them:

"I am the LORD your God: you shall not have strange Gods before me."  1st Commandment

In the Alcoholics Anonymous program, you can use anything for your "God" or "Higher Power". A.A. has lots of stories of people using a bedpan, a teacup, a doorknob, a stone, a teddy bear, a mountain, a motorcycle, or "Good Orderly Direction" for their "Higher Power". You can pray to any Golden Calf, stone idol, or Higher-Powered item of Household Hardware that you like.  One of the more ridiculous word redefinitions that A.A. offers us is, you can make the word "G.O.D." mean "Group Of Drunks".  The LADC I was mandated to see told me, therefore, that my atheism was no excuse not to like A.A.

A.A. founder Bill Wilson ("Bill W.") wrote:

        "I must quickly assure you that A.A.'s tread innumerable paths in their quest for faith.   ...   You can, if you wish, make A.A. itself your 'higher power.' Here's a very large group who have solved their alcohol problem. In this respect they are certainly a power greater than you, who have not even come close to a solution. Surely you can have faith in them. Even this minimum of faith will be enough."

             --Twelve Steps and Twelve Traditions, William G. Wilson, page 27.

Given that most Christians believe in the holy trinity (The Father, The Son, and The Holy Ghost), I don't think many of them would think kindly to praying to a Group Of Drunks, or seeking and doing the will of a bunch of drunkards.  Also, how would Muslims, Buddhists, Hindus, or Jews feel about being told this?

But then, that's assuming that people that go to A.A. think.  They don't.

In addition, the Twelve Steps talk about "God as we understood Him". Members are allegedly free to define God however they imagine or understand "Him" to be. Bill Wilson told A.A. recruiters to

        Stress the spiritual feature freely. If the man be agnostic or atheist, make it emphatic that he does not have to agree with your conception of God. He can choose any conception he likes, provided it makes sense to him. The main thing is that he be willing to believe in a Power greater than himself and that he live by spiritual principles.

                    --The Big Book, William G. Wilson, Chapter 7, Working With Others, page 93. 

Obviously, this makes A.A. incompatible with atheism.  Atheism is the non-belief in a higher power.  But A.A. members just see an atheist's nonbelief as another fault (like his alcoholism in denial) that needs to be cured.  God will cure the poor sap's atheism--he just needs to be dragged in to A.A. meetings.

How about making my higher power Satan?  Or Hitler?  Or Wotan, Thor, Loki, etc...?  Some of the people I've meet at A.A. meetings are absolutely insane.  They have truly drunk the cool-aid and are full-blown cult followers.  I'm sure some of the things they understand god to be would get them committed if anyone looked at A.A. with any degree of scrutiny.  (A.A., for some reason, likely ignorance, gets largely a free pass by society, despite it being a religious cult which is completely ineffective at treating alcoholism.)

Bill Wilson emphatically repeated that doctrine in the Big Book:

        Despite the living example of my friend [a sober Ebby Thacher] there remained in me the vestiges of my old prejudice. The word God still aroused a certain antipathy. When the thought was expressed that there might be a God personal to me this feeling was intensified. I didn't like the idea.   ..

        My friend suggested what then seemed a novel idea. He said,"Why don't you choose your own conception of God?"

        That statement hit me hard. It melted the icy intellectual mountain in whose shadow I had lived and shivered many years. I stood in the sunlight at last.

        It was only a matter of being willing to believe in a Power greater than myself. Nothing more was required of me to make my beginning. I saw that growth could start from that point. Upon a foundation of complete willingness I might build what I saw in my friend. Would I have it? Of course I would!

        Thus was I convinced that God is concerned with us humans when we want Him enough. At long last I saw, I felt, I believed. Scales of pride and prejudice fell from my eyes. A new world came into view.

                    --Big Book, 3rd Edition, William G. Wilson, Chapter 1, "Bill's Story", Page 12.

        We were now at Step Three. Many of us said to our Maker, as we understood Him: "God, I offer myself to Thee — to build with me and to do with me as Thou wilt. Relieve me of the bondage of self, that I may better do Thy will. Take away my difficulties, that victory over them may bear witness to those I would help of Thy Power, Thy Love, and Thy Way of life. May I do Thy will always!" We thought well before taking this step making sure we were ready; that we could at last abandon ourselves utterly to Him.

                    --A.A. Big Book, 3rd Edition, William G. Wilson, page 63.

        Follow the dictates of a Higher Power and you will presently live in a new and wonderful world, no matter what your present circumstance.

                    --The Big Book, 3rd Edition, William G. Wilson, page 100. 

You might be thinking that this is just "The Big Book" and A.A. doesn't really follow it strictly.  You would be wrong in thinking so.  You will very quickly learn that "The Big Book" is the absolute final authority and is never to be questioned!  Bill W. is viewed as a near-God by these people.  This, despite his well-documented abuse of his wife, infidelity, narcissism, and his utter failure at being sober (he cried out for whiskey on his deathbed).

The blind, cult-like obedience to the religion of A.A. extends beyond the meetings in church basements.  In New Hampshire, the agencies entrusted with carrying out court-ordered Impaired Driver Intervention Programs (IDIPs), such as Amethyst Foundation, Inc., REAP, Inc., and Serenity House, Inc., are owned, operated, and staffed by A.A. members.  Staff members spread the gospel of A.A. during IDIP classes, declare everyone an alcoholic (either admitted or in denial) and order mandatory A.A. attendance as part of the aftercare that virtually everyone is assigned.  Also, as part of the "aftercare" is mandatory counseling sessions with Licensed Drug and Alcohol Counselors, who happen to espouse...yes, that's right, the tenets of A.A. 

In essence, the state of New Hampshire let A.A. infiltrate a significant component of the government.  (And I haven't even mentioned A.A.'s role in New Hampshire's prisons, parole hearings, professional disciplinary proceedings, and others yet...I will later.)  The entire recovery industry is reaping in huge (tax free) revenue while indoctrinating new member into their A.A. cult.  It's a great scam, and I'm sure the smart ones at the top are laughing their way to the bank.  The stupid ones being exploited merely think they are saving souls.

Here's one final secret about A.A. members:  they lie.  They lie because they believe they are saving souls and that they know better than you.  I've caught people at A.A. meetings (and at Amethyst Foundation, Inc.) red-handed in the act of lying, with well-documented evidence, and they still shamelessly maintain they are right.

If you are at the mercy of these people and need your license back, you need to understand the personalities you are dealing with.  These are people who think they are fault-less and perfect because god has revealed to them the truth.  They take pity on you.  With the power they have been entrusted by the state they will bend you to their will.  Play dumb.  Reveal no will, backbone, or free-thought.  Lie, as they will lie to you.  Escape their clutches, get your license back and flip them the bird in your rear view mirror as you drive away.

If there were a god, and the Ten Commandments, these people would surely be going to hell.

16 Red Flag Hearings: 14 Affirmed, 0 Reversed, 2 Remanded

Looking for Justice by holding a Red-Flag Hearing?  Don't Count On It

The Department of Safety, Bureau of Hearings, has posted a Compendium of Superior Court Cases.  Under "I. Substance Abuse Completion Requirements" there are listed sixteen red-flag hearings, or appeals of decisions made by Amethyst Foundation, REAP, or other administrators of IDIP programs.  Of those sixteen hearings, none were reversed.

"90 meetings in 90 days"

Keskula v. Beecher, 04-E-142, (Merrimack, Lewis, 07/19/04) AFFIRMED
Referred to further counseling by LADAC; Petitioned for, and after a hearing, Hearings Examiner entered as his disposition the indefinite suspension of Petitioner's driving privileges and further directed that he attend 90 self-held group meetings in 90 days, and securing a low-risk alcohol evaluation from a LADAC …; Petitioner disagreed; appeal filed; HELD: "The Hearings Examiner acted within his discretion in making the rulings and determinations … There is ample support for the conclusion that the required aftercare was warranted in this case."

Charming.   Ninety meetings in ninety days is an old AA slogan.  It is how new people ("pigeons" in AA slang) are recruited.  Like other cults, AA tries to insulate new member from the outside world during the period of indoctrination.  There's no evidence that this helps in maintaining sobriety at all.

Issues of effectiveness aside, ordering AA attendance, which this clearly is doing, is unconstitutional.

All of these courts have ruled that Alcoholics Anonymous is a religion or engages in religious activities:

• the Federal 7th Circuit Court in Wisconsin, 1984.
• the Federal District Court for Southern New York, 1994.
• the New York Court of Appeals, 1996.
• the New York State Supreme Court, 1996.
• the U.S. Supreme Court, 1997.
• the Tennessee State Supreme Court.
• the Federal 2nd Circuit Court of Appeals in New York, 1996.
• the U.S. Court of Appeals for the Seventh Circuit.
• the U.S. Court of Appeals, Seventh District, 1996.
• the Federal Appeals Court in Chicago, 1996.
• the 9th U.S. Circuit Court of Appeals, September 7, 2007. 
• the 8th U.S. Circuit Court of Appeals, 2006.
• the 3rd U.S. Circuit Court of Appeals, 2005.
• the U.S. District Court for the District of New Hampshire, 2006.

The United States Supreme Court has refused to hear challenges to those rulings, or to change or over-turn those lower court decisions. By letting them stand, the Supreme Court has made them the law of the land.  

In the case of Grandberg v. Ashland County, a 1984 Federal 7th Circuit Court ruling concerning judicially-mandated A.A. attendance, the court said:

Alcoholics Anonymous materials and the testimony of the witness established beyond a doubt that religious activities, as defined in constitutional law, were a part of the treatment program. The distinction between religion and spirituality is meaningless, and serves merely to confuse the issue.
— Wisconsin's District Judge John Shabaz

Really, could the law be any clearer than that?

"Conflicting LADACs"

Reyno v. Beecher, 05-E-603,(Merrimack, Fitzgerald, 01/18/06) AFFIRMED
Referred to further counseling by LADAC; suspension sustained after hearing with conflicting testimony from more than one LADAC. Program disagreed with LADAC. Hearings Examiner held that Petitioner must follow program's recommendation. Court affirmed in a short one-line opinion.

Bastille v. Beecher, 05-E-055,(Rockingham, McHugh, 04/27/05) AFFIRMED
Referred to further counseling, suspension was sustained after hearing with conflicting LDACs. Director ordered counseling. Court ordered Petitioner to submit to a new LDAC evaluation. Evidence was sufficient to sustain order, but time was up and court ordered restoration after it reviewed additional submissions by petitioner about two weeks later.

The bottom line appears to be:  In a contest of opinion between an Amethyst Foundation/REAP/Serenity House LADC vs. your outside expert, you lose.

"The Court may not 'Second Guess' the Examiner's reliance on the Reports, as to what weight and credibility to assign them."

Gregoire v. Beecher, 04-E-0063, (Strafford, Smukler, 07/07/04) AFFIRMED
Referred to further counseling; did not comply and at a hearing, the Hearings Examiner ordered Petitioner to show compliance; Petitioner argues that although the examiner was correct in reaching the foregoing conclusions based on the evidence before him, the evidence upon which he relied was inaccurate. HELD: Petitioner has not met his burden of demonstrating that the examiner's decision was unreasonable or unlawful. "The Court … may not second-guess the examiner's reliance on the reports or his determination, as to what weight and credibility to assign them."

Oeser v. Beecher, 02-E-50, (Cheshire, Groff, 8/19/02) AFFIRMED
After a hearing ordering aftercare, Petitioner appealed raising "the following five issues on appeal: (1) …sentence has been served and her license must be restored; (2) … was not granted a hearing; (3) … license must be reinstated after 1-year; (4) hearing violated … right to due process and the DOS regulations; (5) … counselor is unqualified and the tests used … to determine her risk of re-offending were unreliable." Court held: "clearly the statute provides for continued revocation of the license of a person convicted of a DWI offense beyond the 1-yr period, if the person fails to meet the further counseling requirements. The Court finds that there is no evidence the hearings officer failed to follow the departmental regulations in the conduct of the hearing, or failed to give … a full and fair hearing in complete accord with all constitutional requirements of due process. Finally, the Court finds that … has failed to establish as a matter of law that the counselor was unqualified or that the tests were unreliable. The Court finds that the hearings officer's acceptance of the counselor's opinions and recommendations for treatment were reasonable."

Ferris v. Beecher, 01-E-42, (Strafford, Mohl, 4/6/01) AFFIRMED
Referred to further counseling by CADAC; after hearing the Hearings Examiner agreed with the CADAC and concluded that petitioner's alcohol abuse problem was not under control and that he was at risk to be a repeat DWI offender; appeal filed; petitioner considers himself only a "problem drinker" and argues that his test scores were inaccurate because he answered the questions based on his life style habits in 1998 as opposed to the present, as directed to do by the CADAC. The Court held: once petitioner demonstrates compliance with the program and is not at risk to recidivate, he can then petition to be decertified as an Habitual Offender.

So not only will your expert witness be wrong, the court will too, and it must defer to the wisdom of the Amethyst Foundation/REAP/Serenity House LADC!  Nevermind that to be a LADC requires only a rudimentary training, and not even a high school diploma, which is driven by christian fundamentalist ideology that is unconcerned with issues such as fairness.  Retribution, punishment, and "saving you" for your own good is all that they are concerned with.

Amethyst Foundation, Inc.'s Financial Documents Look Shady

One measure of how honest a non-profit organization is, is how transparent it is.  Amethyst Foundation, Inc., is not very transparent, to put it mildly.  They seem to try as hard as possible to maintain as much secrecy as possible.  Their website is bare-bones with not a single name of anyone affiliated with it, only a general phone number and email address.  There are only five consumer reviews of it on the entire web.  If you've tried to find out anything about Amethyst Foundation, you'll know what I'm talking about.  It's quite a feat for any corporation to keep such a low profile, particularly a non-profit.  There's usually a reason for this.

For those, interested, I have located their IRS Form 990 filings for the fiscal years 2009, 2008, and 2007.  Federal law mandates that at least the last three years must be made publicly available.  Most non-profits provide more, but Amethyst Foundation supplies only the Federal minimum of three years.

Despite these 990 Forms being the most sparse, nondisclosing  I've ever seen, they tell quite a story.  For the last eight years, Amethyst Foundation, Inc., with its three tiny locations, has received over $1.2 million annually--99.5% from gifts, grants, contributions and membership fees (in other words exclusive, noncompetitive New Hampshire state contracts paid by the taxpayers).  Where does the $1.2 million go?  Total expenditures are reported to come to just under $1.2 million.  They are breaking even, right?  What an efficient non-profit!

Let's look closer:  There are two employees.  Bob Kelley, the Director, makes roughly $70k annually.  The Board of Directors work for nothing (really??).  There are no other key employees who are reported to earn any income.

"Office expenses" come to nearly $40,000(!)--I saw one old ink jet printer, some antique PCs, and a DVD player that doesn't work when I was there, and their documents look like the work of a high school student.

"Health Insurance" came to over $100,000, which is surprising given that there are only two employees.  Are all the contract part-time workers provided with health insurance?  I doubt that  At least I've never heard of such a thing.

"Utilities" came to almost $20,000!

Most of the rest of the expenditures fall into the amorphous categories of "other salaries and wages" (roughly $550,000 annually) and "all other expenses" (roughly $100,000).  Where is this $650k going to? There's no way of knowing.   They can't employ that many people.  It's impossible.  And LADCs, administrators, janitors, etc...don't make that much.  And the money's not going toward facilities--take a look at the dump that is Amethyst Foundation, Inc.'s corporate headquarters in Epping, New Hampshire:

Amethyst Foundation gets a gift from New Hampshire tax  payers of $1.2 million yearly.  More than half of that disappears into the amorphous categories of "other salaries and wages" and "other expenditures."  Other amounts seem outrageously high.  They also sit  on nearly $700,000 of assets.  And remember, because Amethyst Corporation, Inc., is a IRS 501(c)(3) corporation, they are tax exempt.

When investigating non-profit organizations, one looks for the following trouble signs:

• large end of year assets, which indicate hoarding;
• vague categories (such as "other salary and wages") to inflate spending; and,
• an overall lack of transparency.
  

Amethyst Foundation, Inc., exhibits all three.   Their end of year assets are huge--nearly equal to their total revenue, in fact.  They use very vague categories for most of their expenditures, suggesting that they might be inflating spending.  The specific categories appear at face value to be inflated (Office expenses, Health Insurance, Utilities).  And I refer to Amethyst Foundation, Inc., as the "Amethyst House of Mystery" because it is nearly completely lacking in transparency.  Just google it for yourself and see.

What a sweet deal Amethyst has going.  If they weren't so incompetent at what they do, and weren't such religious ideologues intent on forcing everyone into admitting they're "an alcoholic with an incurable disease" requiring months of AA attendance, it might even be somewhat moral.

Here are the IRS Form 990's that Amethyst Foundation filed for the last several years.  The 2007 form has information on it for several prior years.  The members of the Board of Directors are listed, too:

2009 Form 990

2008 Form 990

2007 Form 990

Laws And Rules You Must Know If You've Been Arrested For DUI/DWI In New Hampshire

This is probably my most useful post. If you've been arrested for a DUI/DWI in New Hampshire you must arm yourself with knowledge of the laws and rules of "the game." If you do not, you will be helpless and operating blind. You will be at the mercy of people of both good and bad intentions, eager to give you poor advice. In the case of attorneys, this advice will be extremely expensive and not always correct.

Knowing the laws and rules will prevent you from greedy lawyers and abusive recovery industry workers who want to see you suffer and abuse their power. Time to go to law school!

The Difference Between Laws And Rules

Laws

A little legal history first. Law may be either common law or civil law. Common law is based on the decisions of courts under the doctrine of precedent, or "stare decisis." This judge-made law originated in England with the signing of the Magna Carta in 1215, which limited the power of King John to arbitrarily make laws and influence the court system. Most countries that had ties at one point to the British Empire, including the United States, use the common law system. The most well known examples of common law in the U.S. are the Supreme Court opinions, which establish the "supreme law of the land" on various issues. Common law systems also rely on statutes, passed by the state and federal legislatures, but may make less of a systematic attempt to codify their laws than in a "civil law" system.

Civil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not (as in common law) interpreted by judges. Most countries in the world today use the civil law system. Though common law also relies on statutes, the difference is that in common law those statutes are based on common law, whereas civil law statutes proceed from abstractions, formulate general principles, and distinguish substantive rules from procedural rules. In a civil law system, the courts are merely inquisitorial, unbound by precedent, and just apply the law, with very little flexibility in interpreting it.

What's nice about a common law system is that legislators are limited in what laws they propose. If their laws conflict with judge-made law in court decisions, they can be challenged. Further, state legislators are also restrained in the scope of their law-making powers by federal law (both federal judge-made law and federal legislative law) under the Supremacy Clause of the Constitution. There's a constant tension between the courts and legislators, and the state and federal governments. This design of our government, created over two centuries ago, works extremely well.

In our common law system, statutes are the result of legislators who pass and codify laws consistent with binding judge-made law. New Hampshire state legislators compile and organize all of the statutes and have limited power to modify them. These are the laws that we, as citizens of New Hampshire, must comply with.

When you were arrested, you were suspected of violating statutory law (specifically Title XII Chapter 265-A:2), and your case was adjudicated in New Hampshire District Court. RSA 265-A:2 entitled you to a court trial involving all the protections such a proceeding affords: the rules of evidence, the high threshold of proof that the state must meet, subpoena power, etc. The prosecution must prove beyond a reasonable doubt, through witnesses, each and every element of the offense with with you are charged.  If it was a first Offense DUI, you are entitled to a trial by judge, but not by jury.  If it was an Aggravated DUI, 2nd Offense DUI, or subsequent offense, you are entitled to a trial by jury, but you may have to submit to a trial before a judge in the District Court first and then take an appeal to the Superior Court if you are convicted.

Rules

A rule is a different creature altogether, and more difficult to understand. The executive branch of state and federal governments cannot enforce and carry out every law by themselves. The President, for example, must "take care that the laws be faithfully executed" and "preserve, protect and defend the Constitution."  Imagine the President himself single-handedly doing this. Instead, he delegates some of his executive power to cabinet members, executive departments, and administrative agencies. The governor of New Hampshire (or any other state) delegates his power similarly. 

The body of law that governs the administration and regulation of administrative agencies is Administrative Law. Such agencies are delegated power by the legislature (Federal or State) to act as agents for the executive (the President or Governor). Generally, administrative agencies are created to protect a public interest rather than to vindicate private rights. Administrative agencies do this by creating rules, which have the effect of law.  If you break an rule of an administrative agency, you usually have to appear before an administrative board as part of a hearing, adjudged guilty or innocent, and punished.  The difference between the court and agency tribunals is that with an administrative agency tribunal,  the laws of evidence do not usually apply, you have fewer rights, you are adjudged by an board (not a judge or jury), and the punishments are less severe compared with the judicial courts.  The threshold of proof is lower:  the side with the burden need only show a "preponderance of the evidence" (more likely than not, 51% probability).  Hearsay is allowed.  Hearing procedures may be altered at the discretion of the administrative board.  What this means for you, the defendant, is that you are not afforded the protections you would get in criminal court.  It's much more risky, but this is rationalized by the need for expediency and supposed lesser penalties (if loss of a your license for 2 years may be called that).

Examples of administrative agencies include:

Federal Administration Agencies:

Patent and Trademark Office, Bureau of the Census, Food and Drug Administration, National Institutes of Health

New Hampshire Administrative Agencies:

Boxing and Wrestling Commission, Board of Chiropractic Examiners, Department of Health and Human Services, Department of Safety, Board of Acupuncture Licensing

(You can see how that the powers delegated by state legislators are more mundane compared with federal legislators, especially in New Hampshire.)

The State of New Hampshire Office of Legislative Services concisely define an administrative rule:

An administrative "rule" is defined as:

Each regulation, standard or other statement of general applicability adopted by an agency to:

1. implement, interpret or make specific a statute enforced or administered by such agency or
2.  prescribe or interpret an agency policy, procedure or practice requirement binding on persons outside the agency, whether members of the general public or personnel in other agencies.

"AGENCY" DOES NOT INCLUDE THE LEGISLATURE OR THE COURTS

The term "agency" is defined as:

Each state board, commission, department, institution, officer, or any other state official or group, other than the legislature or the courts, authorized by law to make rules or to determine contested cases.

RULES HAVE THE FORCE OF LAW

Rules shall be valid and binding on persons they affect, and shall have the force of law unless amended or revised or unless a court of competent jurisdiction determines otherwise.

Rulemaking is therefore lawmaking, in areas which the legislature has decided are too specific or too detailed to be handled by legislation. The legislature therefore delegates its lawmaking power to an agency by passing a law granting rulemaking authority to the agency to adopt rules in selected areas.

After you are convicted of a DUI/DWI in New Hampshire, you'll have entered the Administrative Law arena.

The Laws And Rules You Need To Know For Your DUI/DWI

A DUI/DWI involves a combination of Law and Administrative Rules from two Administrative Agencies (Department of Health and Human Services to "rehabilitate" you, and the Department of Safety, DMV, to keep our roads safe).  The laws and rules all refer to each other in one big, complicated mess.  The law is pretty straightforward and predicable as to the likely outcome.  The rules, however, are less protective of your rights, more open to discretion (and abuse), less predicable as to the likely outcome, and more confusing.

Laws

The laws that you need to know if you've been arrested for a DUI/DWI in New Hampshire are in TITLE XXI: MOTOR VEHICLES, CHAPTER 265-A: ALCOHOL OR DRUG IMPAIRMENT.  This is abbreviated to RSA 265-A, and this is how you will read it on all of the paperwork you receive.  RSA stands for "Revised Statutes Annotated."  Revised refers to the statute being the most up to date version--laws are constantly undergoing revision.  Annotated refers to the added notations to how courts have interpreted the laws.  RSA 265-A may be found here.


You will want to read almost every section of this Chapter.  IMPORTANT:  Print it out, keep it handy (i.e. by your nightstand), and read it multiple times, taking notes.


If it is beyond a reasonable doubt that the police officer had reasonable suspicion to pull you over, obtained probable cause to arrest you for driving under the influence (i.e., you were driving, failed a field sobriety test, blew over 0.08 BAC or refused to blow at all), and you were properly arrested (read your Miranda rights), you don't have much of a chance in court.  You can usually obtain a free consultation with an attorney and sound him/her out to help determine this.


However, if you believe, and can provide evidence that, the stop was illegal, the tests were unreliable, or that your arrest was improper, you will want to hire an experienced criminal defense attorney and go to court.  All you need to do is show that there is a reasonable doubt, but the rules governing a criminal trial (i.e., what type of evidence/testimony is admissible and when, depositions, subpoenas, motions, etc...) are complicated and you will need an attorney for this.  Keep in mind that attorneys are very, very expensive.  Good ones cost over $300/hour and the hours add up fast.  By the time you even reach your District Court appearance your bill will be at least $4,000.  This is important to consider.  If your odds of prevailing aren't good, you are likely better off putting on a nice suit, cleaning up, and respectfully pleading guilty to the judge, asking for leniency if there are substantial mitigating factors in your favor.


If you plead guilty you will receive a Sentencing Order stating your plea, the fine amount (which you need to pay to the clerk then and there), and the duration of license suspension.  If it's your first DUI, the judge might, on the Sentencing Order, state that you may shorten the length of suspension by enrolling in an IDIP within 45 days.  Note that if you don't enroll in an IDIP by 45 days, you still must enroll and complete an IDIP before you get your license back.  So, you're going to have to do the IDIP one way or another.  Enroll within 45 days and lessen your suspension period.


Rules

This is where it gets confusing.  After you go through this, you'll understand why this particular executive power is delegated to someone else:

He-A.  Department of Health and Human Services:  Office of Alcohol and Drug Abuse Prevention
Saf-C.  Department of Safety:  Division of Motor Vehicles.

You have no doubt already heard from the Department of Motor Vehicles.  Even before your court date you should have received a Notice of Suspension/Revocation Action stating something like:

As a result of:
The Director of Motor Vehicles receiving a sworn report from a law enforcement officer alleging you submitted to a chemical test(s) that disclosed a drug/alcohol concentration in your system that met or exceeding the limit


all license/operating privileges are suspended/revoked for     X months.

It will go on to say that you can submit a written request for a hearing.  It also states what you must do to get your license back:

If no other suspension/revocation is in effect you may be considered for restoration of all license/operating privileges on XX/XX/XXXX, if you complete the following requirements:

1.  Any New Hampshire License you currently hold must be turned in immediately
2. There is a $100.00 License/Operating privilege restoration fee required if the suspension/revocation remains in effect over 15 days.  License/operating privileges by law cannot be restored if this fee is outstanding.

This is the first of two suspensions your will get:  the Administrative License Suspension (ALS).  It was suspended by Department of Safety's Rule Saf-C 2800 under New Hampshire Statutory Authority RSA 265-A:30.  You will want to read all of Saf-C 2800 and RSA 265-A:30 immediately upon receiving your notice of ALS because you have only 30 days in which to request an administrative hearing to contest it (i.e., if you believe that the stop was illegal, the sobriety test faulty, the arrest illegal, etc...).  If you do not request a hearing, in writing and in proper form, within 30 days, you forever forfeit this right.

Some attorneys find ALS hearings to be of great importance to the court DUI defense. Such hearings may result in overturning the ALS, can put you in a better plea-negotiating position in court, and may provide valuable testimony for the DWI trial, because at the ALS  hearing your attorney can cross-examine the State's witnesses, under oath, and on the record.

After your sentence is handed down in District Court, you will get another Notice Of Suspension/Revocation Action stating something like:

**Amended Notice**

This amended notice covers only specific information on the charge referenced.  You may have other outstanding administrative requirements that must be met in addition to the ones indicated herein before you can be considered for restoration.  Please refer to other suspension/revocation notice(s).

***  This notice takes effect at 12:01 AM on YY/YY/YYYY  ***

As a result of your conviction in the [deleted] District Court on YY/YY/YYYY for:
Driving While Intoxicated First Offense


All license/operating privileges are suspended for    Y months.

 It also states what you must do to get your license back:

If no other suspension/revocation is in effect you may be considered for restoration of all license/operating privileges on YY/YY/YYYY, if you complete the following requirements:
1.  You must submit a report showing successful completion of an approved IDIP or WIDIP.
2.  You must submit an SR-22 insurance certificate.
3.  There is a $100.00 license/operating privilege restoration fee required if the suspension/revocation remains in effect over 15 days.

This is the second suspension you get, your court-imposed license suspension.  The courts are done with you at this point, and have delegated execution of the suspension to the Department of Safety; Division of Motor Vehicles.  Your suspensions may run consecutively or concurrently.  If you refused a BAC test, these suspensions will run consecutively.  Usually, they will run concurrently.


Everything from now on will involve either the Department of Safety: Division of Motor Vehicles, or Department of Health and Human Services:  Office of Alcohol and Drug Abuse Prevention.  You need to know their laws ("rules").  For example, if you want to contest the ALS hearing you need to read Saf-C 2800.  You will need to know He-A 700 or He-A 900 depending upon which Impaired Driver Program you have been mandated to attend (W/IDIP or Phase II).  I'll go into this in more detail below.


Post-Conviction Requirements For Restoration of License Privileges


This is where the rules get complicated and confusing and where there is a huge potential of discretion and abuse, particularly when it comes to fulfilling the Department of Health and Human Services requirements for rehabilitation.  The DHHS has rules that determine the process for rehabilitation.  

If this is your first DUI you must take the Impaired Driver Intervention Program (IDIP) or the Weekend Impaired Driver Intervention Program (WIDIP).  The rules that determine the procedure for fulfilling this requirement are in He-A 700, Impaired Driver Intervention Programs.  It is essential reading (so print it out and read it multiple times).


If this is your second DUI within the last ten years, or an Aggravated DUI, you must take the Phase II (or MOP) Program.  The rules determining this program are in He-A 900, Phase II Programs.



I will write in more detail about the He-A 700, 900, and the W/IDIP and Phase II programs in a later post.


Once you complete your program, you now move to the Department of Safety.  You will need to read the rules on reissuance of license.  These are in Saf-C 205.  Also, if you disagree with the assessments made by the LADCs running the W/IDIP or Phase II programs (which is highly likely), you will need to read about how to contest them.  The rules governing this process are in Saf-C 204.

Important Advice Regarding Whom To Trust For Advice

Do not trust Amethyst Foundation, Inc. or anyone running these programs for advice! 

They don't care.  They don't want to help you.  In fact, they want to PUNISH you.  Also, frankly, most of them are recovered drunks and are quite stupid.  Any statements they make to you, try to get in writing, because they lie and will deny having ever said it.

Do not trust your aftercare counselor for advice!   

Whereas, based on my experience, I do not believe them to be vindictive like the Amethyst Foundation people, remember, they are most likely former drunks with very little education.  To be a LADC, I'm not even sure you need a GED or HS diploma.   The requirements are here, and they don't state that a GED or HS Diploma is needed in their requirements.  So, these people are not very bright.  Never trust them for legal advice.  And even those with Master's degrees (MLADCs), I've found are not very intelligent.

Even if you have an attorney, you need to understand the laws and rules. 

This is just being a smart consumer and assuming responsibility for your future.  It's you that's losing your license for a most likely a very long time, not the attorney.  Except for being paid, the attorney might not care about your situation at all.  I hired an attorney from the best firm in New Hampshire and I later found out he was wrong about several issues.  He was also so naive as to trust the word of people at Amethyst Foundation and not get it in writing.  So be careful!  At the very least, make sure they have lots of experience dealing with DUIs in New Hampshire.

Good luck.  Next time I'll talk about the W/IDIP and Phase II Program procedure.  It consists of an intake, classes, assigned "aftercare", and maybe more.  You need to be very careful what you say and do at this point.

Amethyst Foundation, Inc.: Actual Consumer Reviews

Consumer Reviews of Amethyst Foundation, Inc.

As a consumer, before I fork out my hard earned cash, I always Google using terms like, ""Company X" consumer reviews."  Invariably, you get dozens of hits with reviews both glowing and critical.  This was NOT the case with Amethyst Foundation, Inc.

I found a total of three websites and read a total of five reviews.  Thousands of consumers have bought Amethyst Foundation, Inc., products (state-mandated rehab programs).  So, why were there only five on-line reviews?
 

Here's one from "Rip-off Report," describing how Amethyst House lost his records, charged him $500, and diagnosed him as an alcoholic and drug abuser even though he hadn't used for 15 years.

"I had a dwi in 1993 when I was young and stupid. I went to the amethyst foundation and took care of it. 1 year ago(may 2008) the state of nh tells me I didn't. So not having my records from 1993 and amethyst shredding reports after 7 years they told me i had to take the classes again.

At first they said they need $25 to open my records(which they told me they didn't have). I went and got a money order then she tells me it went up to $50..I said in the one day it went up $25 she said yes.lol. Ok so I bit my tongue and did it. Then I paid the $500+ and had to go to classes once a week for many weeks. Then the lady tells me not only am I am alcoholic but a druggy also that i need further treatment. I having drank hard since my young partying days 15 years ago. Let alone ever touching drugs. Hell i haven't even drank a beer in maybe 2 years. I thought i was on candid camera.

So i call NH and they said there is nothing they can do until the amethyst says I completed the treatment. So i call the bastards and ask them ok how can i get my license back. They tell me I need to see a doctor or whatever it is in 3 separate classes. I know now they just want more money to take more of their classes.

So thinking i will out smart them I didn't go through them since I live in mass. I sign up with the psychological center. They then decided I need 8 weeks of treatment plus 2 AA classes a week. OK biting my tongue off now I do it giving the psychological center the money instead. Now i am finished after 2 months. They send the Amethyst my records stating I am not an alky or druggy plus all the forms they need.

I have been going back and forth with these people for 5 months now and still the amethyst will not say yes. They are asking for a 3 page essay from the psych center before they then send me to NH.

Please can anyone help. My boss is giving me until the end of the week or I will lose my job which consist of the company vehicle. How is this legal??? BTW isn't not having a DWI in 15 years proof enough that I don't drink and drive. IDIOTS

Pissedoff
methuen, Massachusetts
U.S.A."

Another from Rip-off Report:

If you have to go to a 'red flag hearing' make sure you ask for detailed information on how their 'test' results were found.  Ask them about their control groups.  Ask them for the actual numbes and sets of statistics that aren't taken from population samples that favor their theories.  The tests are arbitrary and the information isn't based on solid outcomes, im sure its unconstitutional but it makes them feel like they're doing something to protect citizens from harm. 
Another issue is the service, I find the employees to be unpleasant and unhelpful.  This is an expensive service but the employees act like any other state office because they have job security because they're just another state office...  No wait, they're a non-profit, right?

 Here's another from Rip-off Report:

Beware of Amethyst Foundation in NH-I paid $585.00 for classes to be taken in one weekend (20 Hrs) so I could reinstate my license in Massachusetts..for a dui that happened in 2004.

After I completed the weekend I was led to believe that this was the last step.....then they spring on me that I need to go to further counciling and AA meetings for 4 months!!!!!

Also found out that this organization was owned by a NewHampshire Senator!!, is't this a conflict of interest .......there were 30 people at this weekend class you figure it out $585.00x30. SOMEONES MAKING SOME BUCKS!!.....does anyone have any info on this SCAM? and who is this senator?

Carol
Weymouth, Massachusetts
U.S.A.

 Here's a Google User Review:

These people are horrible!! If you have a chance to do your classes elsewhere do it ! After you complete your 6 classes they will then tell you that you need after care and it will be another 6 months and more money before you get your license back, they will tell you your a drunk a druggy and that you lie, This all happened to me! I am a first time offender! Its all about money, I can only hope that someday that these people can expirence the "horrible pleasure" of dealing with the amethyst foundation.

angryinnh 

 Here's one from Merchant's Circle:

Don't go there--it's rigged to rip you off!!!

This is the worst place to go to they are all a bunch of miserable recovering drunks and they will make you one on paper too and if you don't lie about how much you have drank in your life or how young you were or if anyone in your family drank you will never get your license back. They trick you into thinking you are going to be assessed after the program but they are doing it while you are there you are better off to go to the classes and not the weekend save your money and get there on time and keep your mouth shut or you will be screwed!!

June 03, 2010 by anonymous in Concord, NH

There Was A Blog On Amethyst Foundation!

Here are all the entries from a blog called Amethyst Foundation NH DWI program:

Amethyst Foundation-It's all lies (Monday, January 19, 2009)

This place is a scam you are better off to go to a 16 week program than waste a weekend being told you are an alcoholic and a piece of shit. I can't wait till one of them needs to deal with this!!

I just got back from a weekend with these people who will try to convince you that if you ever have a drink you are an alcoholic 

Amethyst foundation- Joke  (Monday, January 19, 2009)

Just found a mistake on my test results, they have the wrong info when inputted by the expert? Most likely to make their case against me(you some day). I sound bitter but if you ever have to go Thur this you will understand.I will continue to help bring down this bs, self-serving institution.

on and on it goes  (Thursday, January 29, 2009)

Have been told by the Foundation I need 12 weeks of after care? this is their way of having someone else sign off on their program.they will tell you it is covered by your insurance company, not true, it's a legal matter.

There were 16 replies to this last entry and then the blog went silent:

Anonymous said...

Wow!! You are going to be even more upset after you complete your aftercare and then they tell you now you get another hoop to jump thru.

March 30, 2009 3:46 PM

Anonymous said...

My friend just went through the same thing with them. She is going to take them to court over stealing her money

April 8, 2009 6:37 PM

KylieStills said...

I am in the same situation with these people. Only they have me stonewalled because I went for a red flag hearing. Now they are making it impossible to complete the aftercare, thus making it impossible for me to attain my license. I have a friend who works for the paper. I'd like to bring this foundation down. Feel free to contact me.

May 13, 2009 9:48 AM

Anonymous said...

I have my Exit interview tomorrow, hoping for no aftercare because i already went through rehab and jail after my conviction... but by the sounds of it i guess im getting a red flag hearing. this whole setup is a bunch of BS. I would love to see this organization brought to its knees.

May 26, 2009 9:02 PM

Anonymous said...

I just went to the weekend program and they literally screw you over. I went to my exit interview and was told Amethyst foundation thought i was an alcoholic. Even though im 23 and barely drink. Its almost funny that i would be labeled as an alcoholic and when you try to deny you are one. They will say well first sign of alcholism is denial. This whole foundation is a money making program trying to stop the whole world from drinking because they are the miserable ones as you can see by there mood and manners. So i sent the thing in for my red flag hearing hopefully i get a trial soon because this is bullshit

May 28, 2009 5:32 PM

Anonymous said...

can anyone give advice on how to avoid a red flag hearing in the first place what do you need to do to make them happy???

May 19, 2010 6:35 PM

Anonymous said...

I think the place is a sham and somehow would love to expose them for what they really are! I have already been 6 mos without my license on a first offense. They totally lie to you and tell you they are there to help you and all they do is get you to incriminate yourself so they can make you look like a severe alcoholic. Whatever you do if you go there dummy up! Don't tell them you drank before 21 and if your parents ever drank don't tell them you will be stuck in aftercare forever and the ladc counselors on their list are in on it and will also keep making you into an alcoholic too.

June 10, 2010 4:03 PM

Anonymous said...

Hey KylieStills. Have you done anything about bringing that foundation down. I got 4-6 aftercare sessions and just went to the first one today. Paid a 125 dollars to answer the same fucking questions again and didnt even get a full hour. I would like to help bring these bloodsucking bastards down. ive never been so infuriated in my life!

June 21, 2010 10:58 PM

Anonymous said...

I went to that SHITHOLE a few years ago & like everything else with New Hampshire's F----d up system is that they want your $$$! You pay for a lawer,pay your fine, do the time without your license & have to go see one of these idiots that knows nothing about the outside world & thinks that their gonna save it! Well put them in Afganastan & tell them to save them or tell the truth that they are all stupid & playing pass the buck because I don't think that they can even wipe their own asses, it's a good thing that they have Depends for them because they need them!!!

August 26, 2010 11:26 AM

DOWN WITH R.E.A.P said...

I Went to there counter part R.E.A.P (Serenity Place) in Manchester NH. they too are blood sucking bastards who extend your loss of license by months. I Plead guilty to DUI because I was told by the DA that I would get my Lic. back in 90 days. Guess what...almost 180 days now and still no license and I have no idea when or If i will get it back for my 1st time offense. Because i failed that BOGUS (RIASI test) which Predicts if your going to do this in the future .....PREDICTS...seriously you blood sucking bastards can predict the future...if so why don't you predict the fucking Lottery numbers...oh wait..you make more $$ off of your clients who are struggling to feed there family then winning the lottery. I was told I have to take all these LADC vists at 140.00 a visit...Thanks REAP...its only my children's frigin grocery shopping bill every week.

September 29, 2010 9:36 AM

Anonymous said...

I have been trying to get my license back now for 5 months and was given after care because of these dumb test saying I will so it again...I am at my wits end and not sure how much longer I can go not driving and in turn not working because of it. I was given 6-8 aftercare sessions and have done 3 now...am I an idiot to think I will be all set in 3-5 sessions???

March 1, 2011 4:32 PM

Anonymous said...

I went to Amethyst in the fall and was given 6 to 8 sessions of after-care. I ended up going to after-care for 4 months because Amethyst said I was a substance abuser, which requires 4 months of self-reported abstinence before they will consider your treatment complete. So, watch what you say at Amethyst (not that it makes a difference, it seems) and when you get to aftercare, "I stopped drinking right after my DWI (or whatever got you there)" or "I stopped when I went to Amethyst." Whether you did or not!

April 20, 2011 3:48 PM

Anonymous said...

So true... watch what you say and claim that you have never drank after the DWI.. and stick to the story

June 8, 2011 8:40 PM

Why are there so few review of Amethyst Foundation, Inc.?  People must either be too frightened to post, or Amethyst Foundation, Inc., is somehow getting the reviews removed.  Since this blog will be up in perpetuity, on Blogger, or some other server, I'll probably find out.

As a result of my DUI arrest, I now have a criminal record, no license, astronomical auto insurance rates, and have spent $12,000.  Haven't I suffered enough?  In addition to this, do I have to be psychologically tortured by Amethyst House, aftercare LADCs, AA attendees, and administrative officials who force me to either admit I'm an alcoholic or conclude that I'm in denial?  I feel, as the anonymous posters above feel, that the real punishment is to have all that's left of your will and spirit broken by these spiteful people.  That's not America.  That's more like the re-education camps of the USSR, China, and North Korea.  It is profoundly, profoundly disturbing.

The more I learn, and the more I try to learn, about Amethyst Foundation, Inc., the more spooked and paranoid I get.  There is a ton of tax exempt profit being made by Amethyst, and they are the entry way to a whole recovery industry that takes on the assigned "aftercare."  Amethyst has lobbyists and receives huge amounts of taxpayer money.  One poster above, claims a former owner of Amethyst Foundation was also a NH Senator.  (I need to investigate this claim.)  There is a shocking absence of criticism on the web.  I'm sure people are submitting it--who's removing it?

I will follow the advice that Deep Throat gave in "All The President's Men" and will "follow...the money."  The answer will be there.

Have you had any experiences with:

• IDIP, WIDIP, Phase II, or MOP Programs;
• Amethyst Foundation, Serenity Place (REAP), Community Alcohol Information Program (CAIP), Southeastern New Hampshire Drug & Alcohol Abuse Services, or Tri-County Community Action Program;
• "Aftercare" involving AA and LADCs; or
• Administrative Hearings (i.e., "red flag" hearings)?

If so, please write to me!