A Right is not a Priviledge. , page 1

This is the problem that I am having right now.

I received a DWI last February after leaving a local bar. I hadn't made it a mile and a half down the street and there was a state trooper behind me. He obviously watched me leave the bar. Police made me submit to a field sobriety test in a completely iced over parking lot.

I had thought that I had passed the FST, but the police officer regretfully informed me that I had failed due to "not counting my nine steps out loud". In the back of the squad car I went. Along with my fiance and my friend who which were never asked for any identification. Just thrown in the back of the car. My friend had his Sig on him at the time and the police NEVER ASKED FOR HIS ID. NOTHING!! HOW UNPROFESSIONAL!!

But anyway....

Went to the station, submitted to a breathalizer where I just so conveniently blew a .08.

Issued two tickets for DWI and was told that the judge in this particular town was very liberal and would most likely drop it to a DWAI (Driving while ability impaired) which is a moving violation in NY.

Now, this is what is killing me right now.

I had the option of either

a) have my license suspended for 90 days

or

b) enroll myself into the NYS DMVs Drunk Driving Program which would allow me to carry a conditional license and drive to and from work.

The DDP is a 7 week in class program where you watch depressing movies about how people have killed other people while being completely hammered. It certainly got its point across.

BUT....they make you fill out what they call a "RIASI" test. Its basically a 50 question test asking how many drinks I have per night or if I have alchoholics in my family.

I failed the RIASI test with a 12 out of 10. I was never allowed to see which questions I got wrong.

So this test that I failed forced me to go see a family psychiatrist. The doc was a fantastic guy and we talked mostly about the Yankees and golf. But at the end he gave me a pee-cup and asked me to give a urine sample, so I did.

The night before I had had a drink with dinner.

I failed my pee-test.

NYS DMV proceeded to tell me that I was an alcoholic and that I needed to be entered into a treatment program that I would have to pay out of my own pocket. Now at this time I had lost my job because, well, I was a driver for Red Bull and they didn't like the fact that I got a DUI. I dont blame them, and I take full responsibility for my actions. But I am no alcoholic.

I choose to drop out of the program.

I was informed that dropping out of the program would cause me to lose my CONDITIONAL drivers license which would reinstate the 90 day flat out suspension of my drivers license.

NYS DDP

sCREEninG AnD REfERRAl
Some DDP participants are referred from the class- room phase for formal substance abuse evaluation. Referral can result from:
• the results of a written self-inventory.
• two or more alcohol or drug-related driving convictions within 10 years.
• arrest for an alcohol or drug-related driving violation while enrolled in the DDP.
• attending class under the influence of alcohol or drugs.
• a request by the student for help with a substance abuse problem, or an admission that the student is currently in treatment.
If you are referred for evaluation, you may choose a provider from a list supplied by the DDP. If you are not satisfied with the results of the evaluation, you may contact the DDP director and request a second evalua- tion. However, you must accept the findings of the second evaluation.
After evaluation, you may be required to complete a formal substance abuse treatment program. If you fail to complete required evaluation or treatment, you will be dropped from the DDP and your conditional license will be revoked.

and this:

If you are dropped from the Drinking Driver Program, your conditional license will be revoked, and your original license suspension or revocation will be reinstated for its full length.

It is now IMPOSSIBLE for me to receive my drivers license back according to the DMV without going to seek treatment for an alcohol problem that I DONT HAVE. The DUI was the first time I have ever been in any legal trouble.

Now I am a stay at home Dad with no license, no vehicle, no job. I guess NYS would rather pay unemployment then actually let people work.

edit on 20-4-2012 by olliemc84 because: (no reason given)