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DUI / DWI

alcohol rehabilitation

In many states courts may order a person convicted of a DUI/DWI offense (driving under the influence or driving while intoxicated) to complete an alcohol rehabilitation or treatment program. Sometimes these programs are required as part of an offender’s probation following jail or prison time, and sometimes they are part of an offender’s probation or deferred adjudication in lieu of jail or prison time. And in some instances a person who is out of jail on bond and awaiting trial on a DUI/DWI charge may voluntarily enter an alcohol rehabilitation or treatment program—especially if the person has prior drug-and-alcohol-related convictions. An experienced DUI/DWI lawyer can be a valuable resource for helping such a person begin treatment and rehabilitation—and improving the potential outcome of pending criminal charges.

In Texas, courts have the authority to mandate that individuals convicted of DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) offenses participate in alcohol rehabilitation or treatment programs. These programs may be a condition of probation, either after incarceration or as an alternative to serving time in jail or prison. Additionally, for those who are on probation or have received deferred adjudication, completion of such a program might be required. It is also not uncommon for individuals awaiting trial on DUI/DWI charges to proactively enroll in alcohol treatment programs, particularly if they have a history of drug or alcohol-related offenses. This proactive step can sometimes favorably influence the outcome of their case. An attorney with experience in DUI/DWI cases can provide valuable guidance to individuals in navigating the legal system and initiating their treatment and rehabilitation process.


Texas Statutes & Rules

Federal Statutes & Rules

23 U.S.C. § 164 - Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence
This federal statute is relevant as it mandates minimum standards for state laws regarding repeat offenders of DUI/DWI, which can include requirements for alcohol rehabilitation programs.

Under 23 U.S.C. § 164, states are required to enact and enforce laws that impose minimum penalties on individuals who have been convicted more than once for driving under the influence of alcohol or drugs. These penalties must include a suspension or revocation of the driver's license for at least one year, an assessment of the individual's degree of alcohol abuse, and appropriate treatment for any identified alcohol problem as a condition of reissuance of a driver's license. This statute incentivizes states to comply by tying compliance to certain federal highway funds. States that do not comply with these minimum requirements may have a portion of their federal highway funds withheld.

42 U.S.C. § 290bb - Substance abuse and mental health services block grants
This statute provides federal grants to states for substance abuse prevention and treatment programs, which may include alcohol rehabilitation programs for DUI/DWI offenders.

42 U.S.C. § 290bb authorizes the Substance Abuse and Mental Health Services Administration (SAMHSA) to provide block grants to states to fund substance abuse prevention and treatment services. These services can include alcohol rehabilitation programs that may be mandated by state courts for DUI/DWI offenders. The grants are intended to help states improve their treatment and rehabilitation facilities and services, and to increase the availability of such services. The statute emphasizes the importance of providing treatment for individuals who have substance use disorders, which can be a contributing factor in DUI/DWI offenses.

18 U.S.C. § 3563 - Conditions of probation
This statute outlines the conditions that federal courts may impose on individuals on probation, which can include participation in alcohol rehabilitation programs.

18 U.S.C. § 3563 specifies the conditions that federal courts may impose on individuals who are sentenced to probation. While this statute applies to federal offenses, it reflects the types of conditions that may also be imposed by state courts for DUI/DWI offenses. Conditions of probation can include requirements to participate in a substance abuse treatment program, to abstain from alcohol if the original offense involved alcohol, and to submit to testing to ensure compliance. The statute allows for a degree of flexibility and individualization in setting probation conditions, which can be tailored to address the specific rehabilitation needs of the offender.

42 U.S.C. § 3796dd - Grants to reduce alcohol-impaired driving
This statute provides federal grants to local governments for initiatives aimed at reducing alcohol-impaired driving, which can include court-ordered alcohol rehabilitation programs.

42 U.S.C. § 3796dd authorizes the Department of Justice to provide grants to states, local governments, and Indian tribes for programs designed to reduce driving under the influence of alcohol. These grants can be used to fund a variety of initiatives, including court-ordered alcohol rehabilitation or treatment programs for DUI/DWI offenders. The statute aims to support efforts that enhance the enforcement of laws against alcohol-impaired driving and improve the criminal justice system's response to such offenses. By providing funding for rehabilitation programs, the statute recognizes the role of treatment in preventing recidivism among DUI/DWI offenders.