Showing posts with label WIDIP. Show all posts
Showing posts with label WIDIP. Show all posts

Amethyst Foundation, Inc.'s 2010 IRS Form 990 -- More of the $ame

I've previously posted on the outrageous amount of money Amethyst Foundation, Inc., brings in, all tax-free.

Well, their IRS Form 990 for 2010 is now available and shows more of the same:
  • a whopping total revenue of $1,165,753.00, of which $1,161,774.00 is entirely program service revenue from the state.
And, apparently, Amethyst Foundation, Inc., operated in the red last year, with expenses of $1,185,201, including:
  • $557,353 in wages (!)  Really?
  • $76,623 for Director Bob Kelley's salary
  • $35,476 for office supplies (!!)  I saw one old HP inkjet printer when I was there.
  •  $109,868 for "all other expenses." 
And if you buy that, I have some swampland in Florida I'd like to sell you.

Forced Worship Celebrates 3000 hits

Though it doesn't sound like very much, three thousand hits is actually a fairly impressive number for a little blog like this.

Good luck to those of you who are going through what I had to go through.

Would you like your story heard?  Send it to me!

Amethyst Foundation LADC Orders Six More Months of Aftercare For Consuming One Drink, And Despite An Independent LADC's "Low Risk" Assessment

One Drink During Six Months of Assigned Aftercare Results in Six MORE Months of After-Aftercare

Here's a story from a recent victim of Amethyst Foundation, Inc.
"I did amethyst's after care. some counseling and some AA, but one evening I had dinner with my father (who I rarely see). I had one drink. literally, one drink. I admitted it to my counselor and Amethyst ended up hearing about it in her report. My counselor still said that I was a low risk--didn't even make me complete all the counseling. But Amethyst says they want to hold my license for six more months because of that one drink. And even worse, I would have to report to myself about abstinence. HELLO!! You meatballs! I could just lie to you, so what's the point? Sounds more like a punishment. They want to get an alcoholic (which I'm not) off the roads, but instead they are going to put a crazed man going postal pretty soon."
This is very much like my experience with the spiteful idiots that run Amethyst Foundation, Inc.

As a form of self therapy to help me deal with their idiocy, I've written an imaginary letter to the Amethyst LADC in question.  Any rational person will see the problems with what this LADC did, and may not get much from reading it, but my rant will help vent some anger and frustration.  And, who knows, maybe the LADC will read it and have a "moment of clarity," to borrow a phrase from AA.

An Open Letter to the LADC at Amethyst Foundation, Inc., Who Did This:

What did assigning another six months of aftercare for having one drink accomplish?  Really, what good could result from this?  (--and your identity was provided to me by your victim, so I know who you are.)  Does this make you feel good about yourself?  As a licensed counselor bound by an ethical code to help your clients?  As a person?

Your job is as an agent of the state of New Hampshire to competently implement DWI programs.  As an agent of the state, you work for the taxpayers of New Hampshire (even though your paycheck says "Amethyst Foundation, Inc.").  Your job is to protect the public from DWI offenders repeating their offense, by educating them about the dangers of drinking and driving.  To repeat, your job is to educate and intervene, period.  Even had this person gotten behind the wheel, his/her abilities to drive would not have been impaired.

Your job is NOT to punish.  That is the job of the courts, not you.

Your job is NOT to diagnose people as alcoholics. Your job is to stop people from driving while under the influence of alcohol.  People are free to drink as much as they want, as long as they don't drive, or behave in public in a disorderly fashion.  It is not against the law to get drunk.

Furthermore, you are NOT QUALIFIED to diagnose people as alcoholics.  Under He-A 705.02, Minimum Qualifications for Certification;
To qualify as an IDIP or WIDIP instructor, the applicant shall either:
(a)  Meet the following requirements:
  (1)  Possess a valid New Hampshire LADC license; and (2)  Document 6 months experience in substance abuse and group counseling or otherwise formal group facilitation; OR
(b)  Meet the following alternative requirements:
  (1)  Document a minimum of one year's experience in the field of education, social sciences training, or substance abuse and group counseling or otherwise formal group activities facilitation;
  (2)   Demonstrate knowledge of the impaired driver intervention program and curricula and of other programs in New Hampshire that provide intervention and educational programming in the field of alcohol or drug abuse for a comparable clientele, or of equivalent DWI intervention programs in other states; and
  (3)  Hold at least a high school diploma or GED.
Under He-A 705.02(a)(1)-(2), you do not even need a high school diploma or a GED (LADC licensure in New Hampshire does not require this).  Even if you meet the "higher" standard of He-A 705.02(b)(1)-(3) and hold a high school diploma or a GED, you do not possess an adequate education in science or medicine to be diagnosing people.

Your job is NOT to stop people from drinking altogether.  Your job is to stop people from drinking to impairment and driving.  Having one drink in a six month period will not result in a DWI.    How much a person has to drink is none of your business as long as they do not get behind the wheel.

Your job is NOT to cast moral judgment on others.  Lose the scorn and judgment.  It has no role in the realm of counseling or education.  Drinking, by itself, is not inherently bad.  People have done it since the beginning of civilization, when they learned about the fermenting process.   They will continue it do so likely indefinitely.  And society does no have a problem with it--only you do. 

I know you are a former drunk who has been indoctrinated into the cult-like organization, AA.   AA has told you that you have a disease and that you can never have even a single drink again.  "One drink, one drunk" is one of your mottos.  I know that AA has taught you that thinking is bad and the God is good.  I also know that the 12th step commands you to convert others to the AA ideology.

I know that you are limited in your intellect, ability to think critically, and ability to think in shades of gray (everything is black and white to you).  You are also in deep denial (yet, ironically accuse all who disagree with you to be so).  I've written this message to you in simple language and, I hope, with convincing reasoning.  I have also written it in the best interest of all.  I do not hate you personally.  I hate what you are doing to people.  Though I do not believe in "karma" per se, I do believe that when you treat enough people badly, some of them will "bite back."  This is human nature.

Well, being a professional LADC serving the needs of the citizens of New Hampshire means putting your ideology aside and doing your job.

Your job is to prevent people from driving while impaired.  It is not to stop people from drinking.  We tried prohibition, and it was a monumental failure (Google it).  Your job is not to punish people.  You may be a former drunk, caught up in your own fantasy world in which you refuse to critically reason, but don't turn everyone else into one.  Most of the people arrested for DWI are not alcoholics.  They do not need to attend AA and conned into praying to God and believing that only "he" can cure them of their lifelong disease.  It's not a disease.  And even if it were, it's not your concern if they don't drive.   For the purposes of your employer (us) they just have to stop driving while impaired.

I really don't expect any LADCs to understand this.  You are uneducated, anti-intellectual, and have cast away all belief in rationality for faith.  You simply "believe" that you are right, and that others are wrong.  You do not "believe" scientific or medical data, despite how much of it they are shown.  Furthermore, why are you so angry and so set on exerting your authority on others through petty acts like those above?  I suspect the anger comes from the same self-hatred that caused you to become an alcoholic and then a LADC.  This is payback for you against a world that has "mistreated you."

So keep your ideology to yourself, get off your power trip, and start acting like a professional by doing your job by helping people, not punishing them.  No wonder people hate and disrespect you so much.

You might start by thinking about why, as a counselor who has been trained to "help" people, you are so universally hated.  And, no, it's not because we're all in denial.   Most of us have nothing to be in "denial" about because we're not alcoholics.  It's you who are in denial about what it is you are supposed to be doing.

Please Tell Me Your Experiences With Amethyst Foundation, Inc.

Send Me Your Stories About Amethyst Foundation, Inc.

I would love to hear about people's experiences with Amethyst Foundation, Inc.  I know there must be many, many stories about this fraudulent operation.

Yet, there is no information on the web about Amethyst Foundation, Inc., at all.  Please pass your stories, good and bad, on to me and I will post them anonymously.

People deserve to know what they are getting into when they are ordered to go there.

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:



Starting Your Driver Intervention Program

Where You Stand At This Point

You've had your license taken away and have gone to court.  You have two suspensions at this point.  Let's say that it's a 1st Offense DWI, or RSA 265-A:18, in which case they are:
  • the administrative (Department of Safety, Division of Motor Vehicles) suspension is 6 months; and,
  • the criminal court suspension is 9 months.
The will run concurrently, unless you refused a BAC test, in which case they run consecutively.

Driver Intervention Programs

The criminal court suspension will require that you enter and successfully complete a relevant driver intervention program before you get your license back.  If you enroll within 45 days they'll reduce your criminal court suspension significantly, usually 3 months.  For a 1st Offense DWI, you need to enroll in either the Weekend Impaired Driver Intervention Program (WIDIP) or the Impaired Driver Intervention Program (IDIP).  Each consists of 20 hours of instruction.  The WIDIP is a residential program lasting from Friday night to Sunday afternoon, and costs $585.  The IDIP is a 22 hour course that meets twice a week for 3 hours a night, for 3 weeks, and costs $460.  If this is your second DUI, you will either take the Phase II (if they were spaced a long time apart) or the MOP courses.

You have to take your course at the facility closest to your residence or place of work.  For me, this meant Amethyst Foundation, Inc. or REAP.  I chose Amethyst.  Most of you will also likely go to Amethyst Foundation or REAP.

This is from the Department of Safety, Division of Motor Vehicles Website:
Alcohol Intervention/Education Programs

THERE ARE FOUR TYPES OF PROGRAMS:
  • Impaired Driver Intervention Program (IDIP) or Weekend Impaired Driver Intervention Programs (WIDIP)
  • Phase II Programs for the Repeat First Offender
  • The Multiple Offender Program (MOP) for Second or Subsequent Offenders
  • 28 Day Residential Treatment Programs
PROVIDING AGENCIES:
  • Community Alcohol Information Program (CAIP) (Provides: IDIP, WIDIP, and Phase II)
    119 North Main Street
    Boscawen, NH 03303
    PO Box 8507
    Penacook NH 03303-8507
    Phone: 603-753-8181 or 1-800-660-4246
    Fax: 603-753-4422
     
  • Court Referral Program (Provides: IDIP)
    103 Roxbury Street, Suite 206
    Keene NH 03247
    Phone: 603-352-0800
    Fax: 603-352-1699
  • Friendship House (Provides: 28 Day Residential)
    Route 302
    Bethlehem, NH 03574
    Phone: 603-869-2210
     
  • Serenity Place (REAP) (Provides: IDIP, Phase II, and MOP)
    93 Manchester Street
    Manchester NH 03101
    PO Box 1477
    Manchester NH 03105
    Phone: 603-625-4528
    Fax: 603-625-6982
     
  • Southeastern NH Alcohol & Drug Abuse Services (Provides: IDIP and MOP)
    272 County Farm Road
    Dover NH 03820
    Phone: 603-516-8160
    Fax: 603-749-3983
  • The Farnum Center (Provides: 28 Day Residential)
    235 Hanover Street
    Manchester NH 03104
    Phone: 603-622-3020 exts 10 or 33
  • Tri-County Community Action Program (Provides: IDIP, WIDIP, Phase II, and MOP)
    PO Box 659
    Berlin NH 03570
    Phone: 603-752-7941
    Fax: 603-752-7832
The New Hampshire Code of Administrative Rules (He-A 700), and the New Hampshire Statutes (RSA 265-A:39 and RSA 265-A:42) describe everything about these programs.  Print these out and read them so that you understand everything relevant to the program you are enrolling in!

Once you enroll, be sure that a copy of your enrollment documents are mailed to the New Hampshire Circuit Court where you were convicted, so that they will reduce your sentence.

What "Successful Completion" Means

You must "successfully complete" your intervention program.  So just attend class and be on your best behavior, right?  No.

He-A 702 contains the definitions used in He-A Chapter 700.  The definitions are always at the beginning of each chapter and they often mean something different than a normal person would think.
He-A 702 (ao) "Successful completion" means "successful completion" as defined in RSA 265-A:42, II and III and RSA 265-A18, VII(c)."
RSA 265-A18, VII(c) states:
"Successful completion'' means meeting further counseling requirements, if any, arising out of the final evaluation given to the offender at the I.D.I.P. or the M.O.P. or its equivalent; provided, however, that the offender shall have the right to a hearing before the commissioner or designee, who shall determine whether the further counseling requirements arising out of the final evaluation are warranted and appropriate, and whether the offender should be eligible for license restoration.  The definition in this subparagraph shall also apply to RSA 265-A:42.
 RSA 265-A:42, II:
For the purposes of this section, "successful completion'' means meeting further counseling requirements, if any, arising out of the final evaluation given to the offender at the I.D.I.P. or the M.O.P. or its equivalent; provided, however, that the offender shall have the right to a hearing before the commissioner or designee, who shall determine whether the further counseling requirements arising out of the final evaluation are warranted and appropriate, and whether the offender should be eligible for license restoration.
Administrative rule He-A 704.05  "Attendance and Completion Requirements," states:
(a)  Pursuant to RSA 265-A:42, V(a), a client shall be presumed to have successfully completed an IDIP or WIDIP if he or she has met the following requirements:
   (1)  Attendance at all class sessions, with active participation in discussions and assessments,  and completion of exercises, tests, and all required forms;
   (2)  Completion of the scheduled exit evaluation and assessment interview; and
   (3)  Payment in full of all assessed program and administrative fees.
(b)  The presumption in (a) shall be overcome by the provider if the LADC     conducting the exit evaluation and assessment interview issues a positive finding for alcohol or other drug abuse and/or dependence and requires the client to comply with further counseling requirements before the program is considered to have been successfully completed. 
 Isn't that sneaky?  After the classes, you are not done if the LADC conducting the exit evaluation and assessment interview issues a positive finding for alcohol or other drug abuse and/or dependence.  In that case they can ask you to do "further counseling requirements" or "aftercare."  Aftercare may be significant and require more than a year to finish, until which you will not get your license back.

What Constitutes A "Positive Finding" Which Will Trigger Aftercare?

The guidelines for what constitutes a positive finding are in He-A 707.12 (c):
He-A 707.12  Exit Evaluation and Assessment Interview.

          (c)  The LADC conducting the exit evaluation and assessment interview shall issue a positive finding, thus overcoming the presumption of successful completion described in He-A 704.05(a), if any of the following exists:

(1)  The client’s diagnostic test scores indicate alcohol or drug abuse or dependence, as follows:
a.  The client’s DRI-II alcohol or drug scale score is at the 60th percentile or greater;
b.  The client’s DRI-II truthfulness scale score is at the 90th percentile or greater; or
c.  The client’s RIASI score is 10 or greater;
(2)  The client is age 21 or over and had a blood alcohol concentration (BAC) of 0.16 or higher at the time of arrest;
(3)  The client has 2 or more alcohol or drug-related motor vehicle arrests or convictions;
(4)  The client is under the age of 21 and had a BAC of 0.08 or higher at the time of arrest; or
(5)  The client meets diagnostic criteria for alcohol or other substance abuse and/or dependence in accordance with the most recent version of the Diagnostic and Statistical Manual for Mental Disorder (currently the DSM-IV).
If you scored positive for any of the 5 items above (there are really 8), you will get assigned aftercare.  You will have to see a LADC counselor, attend AA meetings, and abstain completely from alcohol or any mood-altering substance.  Aftercare may last over a year.

Several points:
  • The people at Amethyst Foundation were absolutely incompetent at every aspect of their job.  (Probably because of long term alcohol use and the pro-belief/anti-intellectual philosophy they espouse as AA'ers.)  Beware!  Keep copies of all your paperwork.  Get everything in writing.
  • The LADCs there are shockingly incompetent and ignorant about science, interpreting diagnostic test scores, the law, etc...  Never, ever, follow their advice.  Pretend that you are impressed with their knowledge--their insecurity feeds off of that.  
  • Never show that you have an independent thought.  Say and do as little as possible, because they will use whatever they can get against you to justify more aftercare.  
  • The amount of aftercare is discretionary.  If the LADC dislikes you, he/she can, once they have a positive finding, dump a ton of aftercare on you.
  • The LADCs there think that they are on a mission to punish you for the betterment of society.  They are on a huge ego trip.  Don't fight it--it will only make it worse on you.
  •  The recovery industry feeds off of itself.  Expect the LADC to order as part of your aftercare counseling with another LADC.  Insurance will not cover this (unless they are also Licensed Mental Health Counselors, which 99.9% are not because they only have high school/GED educations).
Items (2), (3), and (4) are straightforward.  If you are under 21, you are screwed--aftercare is mandatory if your BAC was at or above .08.  This explains all the teenagers I see in AA.  Mothers Against Drunk Driving is going after "underage" drinking very, very hard.  MADD actively opposes any consumption of alcohol by anyone under the age of 21, even when not associated in any way with driving.  Item (3) is arguably unconstitutional because merely being arrested of an alcohol- or drug-related motor vehicle violation is not an indication of guilt.

Item (5) is meeting the DSM-IV criteria for alcohol or substance abuse or dependence.  You will be assessed for this during the courses.  Without telling you that the questions are related to the DSM-IV criteria, or their impact on your aftercare, the LADC teaching the course will have you answer them.  WATCH OUT!  The LADC I had did not ask the questions exactly as phrased by the DSM-IV and most people ended up being diagnosed incorrectly as alcohol dependent or abusers.  When the LADC hands you out a questionnaire with these questions be very, very careful.
DSM-IV Diagnostic Criteria for Alcohol Dependence
A maladaptive pattern of alcohol use, leading to clinically significant impairment or distress, as manifested by three or more of the following seven criteria, occurring at any time in the same 12-month period:
1.       Tolerance, as defined by either of the following:
a)      A need for markedly increased amounts of alcohol to achieve intoxication or desired effect.
b)      Markedly diminished effect with continued use of the same amount of alcohol.
2.       Withdrawal, as defined by either of the following:
a)      The characteristic withdrawal syndrome for alcohol (refer to DSM-IV for further details).
b)      Alcohol is taken to relieve or avoid withdrawal symptoms.
3.       Alcohol is often taken in larger amounts or over a longer period than was intended.
4.       There is a persistent desire or there are unsuccessful efforts to cut down or control alcohol use.
5.       A great deal of time is spent in activities necessary to obtain alcohol, use alcohol or recover from its effects.
6.       Important social, occupational, or recreational activities are given up or reduced because of alcohol use.
7.       Alcohol use is continued despite knowledge of having a persistent or recurrent physical or psychological problem that is likely to have been caused or exacerbated by the alcohol (e.g., continued drinking despite recognition that an ulcer was made worse by alcohol consumption).
DSM-IV Diagnostic Criteria for Alcohol Abuse 
1. A maladaptive pattern of alcohol abuse leading to clinically significant impairment or distress, as manifested by one or more of the following, occurring within a 12-month period:
a)      Recurrent alcohol use resulting in failure to fulfil major role obligations at work, school, or home (e.g., repeated absences or poor work performance related to substance use; substance-related absences, suspensions or expulsions from school; or neglect of children or household).
b)      Recurrent alcohol use in situations in which it is physically hazardous (e.g., driving an automobile or operating a machine).
c)      Recurrent alcohol-related legal problems (e.g., arrests for alcohol-related disorderly conduct).
d)      Continued alcohol use despite persistent or recurrent social or interpersonal problems caused or exacerbated by the effects of the alcohol (e.g., arguments with spouse about consequences of intoxication or physical fights).
2. These symptoms must never have met the criteria for alcohol dependence.

References:  DSM-IV. American Psychiatric Association. (1994). Diagnostic and Statistical Manual of Mental Disorders (4th ed.). Washington, DC.
Item (1) contains three criteria, meeting any one will require aftercare.  Two are DRI-II scores.  The third is your RIASI score.  These two diagnostic tests will be administered to you during you one hour intake interview with the agency providing your W/IDIP.

 The DRI-II AND RIASI Diagnostic Tests

If you score high on these two diagnostic tests, you will be assigned aftercare.  What are these?

First, the DRI-II.  According to the company that designs and sells it, Behavior Data Systems, Ltd.:
The Driver Risk Inventory-II, or DRI-II, was designed specifically for DUI/DWI offender assessment. The National Highway Traffic Safety Administration (NHTSA) reviewed all major DUI/DWI offender tests and rated the DRI-II as the best. NHTSA is the highest federal authority in the DUI field. The DRI-II assesses offender truthfulness, quantifies alcohol and drug abuse severity, classifies substance abuse/dependency according to DSM-IV criteria, measures stress handling abilities and determines driver risk. The DRI-II has impressive reliability, validity and accuracy.

Description

The Driver Risk Inventory-II, or DRI-II, is a brief, easily administered and automated (computer-scored and interpreted) DUI/DWI offender screening instrument or test. The DRI-II contains six scales that measure client truthfulness, driver risk, stress coping abilities, alcohol abuse severity and drug abuse severity while concurrently classifying offenders as substance abusers or substance dependent in accordance with DSM-IV criteria.


Six Driver Risk Inventory-II Scales


The DRI-II contains 6 separate scales (or measures) that are standardized on the DUI/DWI offender population. These include:


Truthfulness Scale: Measures how truthful the offender was while completing the DRI-II. It detects denial and identifies attempts to try and fake good.

Alcohol Scale: Measures alcohol (beer, wine and other liquor) use and abuse. This scale measures the severity of alcohol abuse while identifying alcohol-related problems.

Drugs Scale: Measures the severity of illicit drug (marijuana, crack, cocaine, amphetamines, barbiturates and heroin) use and abuse while identifying drug-related problems.    

Substance Abuse/Dependency Scale: Utilizes DSM-IV criteria to classify substance abuse or substance dependency. Substance (alcohol and other drugs) users are classified with DSM-IV criteria.    
Driver Risk Scale: Measures driver risk independent of substance (alcohol or other drugs) use or abuse. Some people are simply dangerous drivers.  

Stress Coping Abilities Scale: Measures one's ability to cope effectively with stress. Stress exacerbates symptoms of emotional and mental health problems.

The DRI-II assesses attitudes and behaviors, yielding a DUI/DWI offender profile. Paper-pencil or on-screen test administration takes 25 minutes to complete, and tests are computer-scored with reports printed on-site within 2 ½ minutes.

The DRI-II was developed specifically for DUI/DWI offender evaluation. It is much more than just another alcohol or drug test; consequently, the DRI-II measures important behaviors missed by other tests.

Driver Risk Inventory-II Test Booklet

DRI-II test booklets are provided free. These booklets contain 140 items (84 true/false, 56 multiple choice). This booklet is written at a high 5th grade to a low 6th grade level. If a person can read the newspaper, they can read the DRI-II. It takes 25 minutes, on average, for DUI/DWI offenders to complete the test. DRI-II test booklets are available in both English and Spanish.

                 "Over one million DUI/DWI offenders in the DRI Database"

Driver Risk Inventory-II Reports


In brief, DRI-II reports summarize the DUI/DWI offender's self-reported court history, explain what attained scores mean and offer specific score-related recommendations.


Within 2½ minutes from test data entry, automated (computer-generated) 3-page reports are printed on-site. These reports summarize a lot of information in an easily understood format. For example, these reports include a DRI-II profile (graph), which summarizes DUI/DWI offender findings at a glance. Also included are attained scale scores, an explanation of what each score means and specific score-related recommendations.


Significant items (direct admissions) are highlighted, and answers to the built-in interview (the last sequence of multiple choice items) are presented. Emphasis has been placed on having meaningful reports that are helpful and easily understood.


To go directly to the example DRI-II report, click on the DRI-II Report link.
Wow!  That sounds like a great test, doesn't it?  The problem is that there is almost zero peer-review of the DRI-II test.  There have been only two studies of the DRI-II by independent researchers and those were seriously flawed.  All the other studies were done by Behavior Data Systems, Ltd.  In fact, Behavior Data Systems collects all DRI-II data and refuses to share it.  The passage above is just a sales pitch.

The AAA Foundation for Traffic Safety reviewed the DRI-II test in the exhaustive, rigorous study, "Review of screening instruments and procedures for evaluating driving while intoxicated/impaired (DWI) offenders."  (Chang, et al., 2002).  The authors state that the DRI-II "has not been sufficiently validated," and do not recommend using it for that reason.

Next, the RIASI test.  This is short for "Research Institute on Addiction Self Inventory."  It's a 52 question, paper and pencil, 15 minute test developed in 1997 which supposedly predicts the likelihood of recidivism.

The Baldwin Research Institute, while conducting a study of the NY State Office of Alcoholism and Substance Abuse Services (OASAS), had this to say about the RIASI test:
Individuals who are charged with a DWI are also required to have medical evaluations. After placement in a Drunk Driving Program an assessment tool (RIASI) is used to evaluate the seriousness of the client’s problem. The problem with this evaluation tool is that it is an inaccurate measure of a substance abuse problem. After contacting Tom Nochajski from the University of Buffalo, one of the creators of the RIASI test, my office obtained a copy of the test and the accompanying research information backing up its efficacy and information pertaining to how it’s administered. After handing out the RIASI to 9 employees of Baldwin Research Institute, Inc. and tallying the results not a single person passed. What makes this result completely erroneous is that, to date, not a single person who took the test uses drugs or drinks and not a single person passed the test. Failing the tests is an indication that substance abuse treatment is necessary.
The RIASI is not very specific.  Most people score as substance abusers.

How To Not Flunk The Assessments

How to interact with the LADCs

(Note:  most of this material is from the excellent site, DUI School Truth, by "1lastdui." It's an excellent site and I have posted it on my blogroll.)

The LADC should be a trained interviewer that looks for clues that you are being untruthful or a Substance Abuser during your “Alcohol Assessment” or “Substance Abuse” interview. This causes problems because you may be telling the truth but you are acting like you are not. The best way to avoid this is to know what they look for from people who are being untruthful. You must be prepared for the interview so that they do not determine you untruthful and in need of intensive rehab. Below is a list of the things they look for to determine if you need intensive rehab.

1. Being on time. They note if you are on time or not. If you are late they take this as meaning that your life is unmanageable and you are having trouble coping. To the councilor this is a sign that you are an alcoholic or substance abuser in need of intensive rehab.


2. Appearance. They note this in the paperwork they send to the Court, Probation and the DMV . You should be clean shaven and in your best clothes and shoes and refreshed. If you are not, you may be having trouble coping with Substance Abuse and and in need of intensive rehab.


3. Eye contact. If you look away from them often this is a sign that you are being untruthful and need to have a “time out” to think up an untruthful answer. If you to roll your eyes or look up to the right or left may be lying.


4. Posture. When you sit in the chair if you fidget in the chair, slouch or cross your arms or legs, this is a sign that you are trying to protect yourself and may be being untruthful.


5. Hand gestures. If you touch your mouth or face during the interview it is taken as a defensive measure to protect yourself and you are being untruthful.


6. Detailed answers. If you give long elaborate answers it will be taken that you have thought the answers out before hand and are prepared to be untruthful.


7. Tell tale answers. The councilor will believe that you are untruthful if you use any of the following statements:
I know it sounds bad but …
It is hard to believe but …
Not really …


8. Being nervous and talking to fast or slow. Nervousness always means that you are hiding something and afraid the councilor is going to find out. If you talk to fast it could mean that you have been practicing the answers. If you talk to slow it may be because that you need extra time to come up with a good untruthful answer.


9. How you act after you think the interview is over. The interview is not over until you actually leave the room and on your way home. The councilor is looking for you to sigh and stretch out in your chair. This is a sign that you have let your guard down and that you were hiding something they did not find.  They will ask you if you have any questions and then follow it with a long period of silence. They are expecting you to make a mistake at this time and mention a question that you have may been untruthful about.


Look for these subtle questions on the DRI-II, RIASI, and any other material you encounter:

These questions are designed to see if you have been untruthful on other questions and if you are an alcoholic or abuse drugs. They are asking you about Substance Abuse tendencies and the questions and answers for someone that does not need extended rehab are shown below. They are looking for signs of Substance Abuse that are not outwardly apparent.  Below is a list of questions and the answers that someone who does not need intensive rehab would give (If you answer them differently you may want to seek further treatment):
 
1. Do you smoke? The answer is NO because the majority of all Substance Abusers smoke and it is determined as a sign that you have a problem with Substance Abuse. If you smoke occasionally (About a pack a week) this question may be dismissed in the interview. The councilor will also be noting your teeth and hands for signs of nicotine stains.

2. Have you ever been diagnosed with high blood pressure? The answer is NO. Again the majority of substance abusers have high blood pressure.

3. Do you ever sweat uncontrollably at night? The answer to this is NO. These are called night sweats and substance abusers in need of intensive treatment have this problem.

4. Do you have diarrhea during the month? The answer to this is NO. Many substance abusers have diarrhea because of substance abuse.

5. Have you ever had a sexually transmitted disease or been tested for one? The answer to this is NO. Substance abusers are known to have unprotected sex at times. If you say that you have been tested for a sexually transmitted disease they will think that you have been doing risky sex due to substance abuse. They may require you to have an HIV test and go to HIV avoidance classes.

6. Have you ever been diagnosed as depressed? The answer is NO. Again the majority of alcoholics in need of intensive treatment have been or need to be treated for depression.

7. Was anyone in your family an alcoholic or a substance abuser? The answer to this is NO. Many psychologists believe that substance abuse is inherited and if you have a relative that is a substance abuser you could have gotten it from them.

8. Have you ever taken anti-depressants? The answer to this is NO. This is also a subtle question to see if you answered question 6 truthfully.

9. Do you have trouble sleeping at night? The answer to this is NO. Substance abusers have trouble sleeping at night and often use this as an excuse to abuse substances to excess. They have no way of verifying this unless you tell them.

10. Do you have migraines? The answer is NO. DUI councilors see these as hangovers and a reason for the Substance Abuser to use substances to excess.

11. Do you sometimes speed in your car? The answer is NO. DUI councilors believe that substance abuse lowers your inhibitions and causes you to do risky behavior.

12. Do you get angry or upset easily? The answer is NO. Substance abusers have a tendency of getting angry and upset easily.

13. Is anyone in your family or a close friend a member of Alcoholics Anonymous or Narcotic Anonymous? The answer is NO.

14. Do you have to take more of less alcohol or drugs to get the same effect? The answer is NEITHER. If you are abusing a substance you build up a tolerance to it and it takes more each time you use it. If you have abstained for a while you may have to take less to get the same effect.

15. How many of your friends use alcohol or drugs regularly? This may be asked in various forms. The answer is always less than 25% if for alcohol and at or as close to 0% for drugs. If you socialize with people who drink or do drugs, than you most likely have the same tendencies.

16. Have you and your Spouse been talking about Divorce? The answer is NO. The councilors believe that if you and your Spouse are talking about Divorce, there is a good chance that it is Substance Abuse related.

17. Do you have any chronic illnesses? The answer to this is NO. If you have a chronic illness they will see this as a reason to self medicate yourself.

18. Do you have many close friends? The answer to this is MANY. Councilors believe that when you are a Substance Abuser you will loose all of your friends slowly and will become alone.

19. Do you have any Hobbies? The answer to this is MANY. It is believed that the Substance Abuser looses all interest in hobbies and just wants to abuse Substances.

20. Have you ever taken these types of Assessment Tests before or ever studied about them? The answer to this is NO. If you have taken these tests before it means that you have been at least assessed for substance abuse problem in the past and are most likely re-offending. If you have studied about these tests, there is a good chance that you are going to be untruthful with your answers.

Other Signs of Substance Abuse the LADCs Will Look For:

When you are talking to the LADCs they are making mental notes about the signs of Substance Abuse tendencies that you are giving them. If you admit to or act like some of these signs, you may be a problem Substance Abuser in need of extended or enhanced treatment and monitoring.  They only find out about these traits by asking and observing you, and most of the time have no way to verify any of the signs they report . Below is an fairly exhaustive list of the traits they look for:
 
1. Arrives at meetings or appointments under the influence.
2. Talks about getting drunk or high during class. Knows the lingo of people typical of having a drinking or drug problem.
3. Frequently goes off the wagon after attempts to stop.
4. Behaves in a impulsive or inappropriate manner.
5. Is seen as angry or defiant.
6. Over reacts to ordinary circumstances involving criticism or advice.
7. Is secretive about what they do.
8. Takes risks and acts in a reckless manner.
9. Breaks or bends rules and believes they are above the law.
10. Has financial problems.
11. Has increasing legal problems.
12. Makes inappropriate or unreasonable choices.
13. Has difficulty retaining eye contact.
14. Experiences sleep disturbances.
15. Has deteriorating personal hygiene.
16. Has chronic illnesses requiring doctor or hospital visits.
17. Has wide mood swings.
18. Has difficulty with schedules.
19. Makes many complaints or grievances.
20. Uses excessive sick time.
21. Is frequently tardy.
22. Hostile, disrespectful, untruthful, and uncooperative.
23. Withdrawn, depressed, tired, careless, or manipulative.
24. Having financial, work, school and/or family struggles because of drinking.
25. Has relatives who are heavy drinkers, alcoholics, AA or NA members or do illegal drugs regularly.
26. Has friends who are heavy drinkers, alcoholics, AA or NA members or that do illegal drugs regularly.
27. Frequents bars and night clubs or places where excessive alcohol or drugs are used.
28. Has lost all interest in hobbies.
29. Has ever been diagnosed as depressed, bipolar, or with any other psychological problem.
30. Has ever been put on anti-depressant, anti-psychotic or mood stabilizer drugs.
31. Has built up a high tolerance and has to take more alcohol or drugs to get the same effect.
32. Has been on the “wagon” for a while and needs very little alcohol or drugs to get the same effect.
33. A large number (above 25%) of their friends drink alcohol regularly.
34. Has friends who do illegal drugs on a regular basis.

Final Advice 
   
Keep a low profile.  Say and do as little as possible.  Be polite.  The DRI-II and RIASI tests, and the LADCs, will ask subtle questions that try to get you to reveal that you are a substance abuser.  Be on the look out for them.  The LADCs are on a mission...to punish you.  They will lie, try to gain your trust, only to hurt you.  Never, ever trust them.  They will dig, and dig, and dig, for any admission from you that they will then use against you.  They are stupid, mean, spiteful, and incredibly judgmental.  They are on a crusade to punish every drinker they encounter.

    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.