Can the DUI program's order of referral to counseling be waived?
From another lawyer: "A client of mine was ordered to do a number of counseling sessions after being evaluated at the DUI school. She would like to avoid doing those sessions. She was told that she could have the court order a second evaluation and, assuming they disagree with the initial findings, she may be able to have those sessions removed. Anyone familiar with that? I thank you in advance for your feedback."
My answer: see 316.193 (5): "...If the DUI program refers the offender to an authorized substance abuse treatment provider for substance abuse treatment, in addition to any sentence or fine imposed under this section, completion of all such education, evaluation, and treatment is a condition of reporting probation. The offender shall assume reasonable costs for such education, evaluation, and treatment. The referral to treatment resulting from a psychosocial evaluation shall not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider appointed by the court, which shall have access to the DUI program's psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure..." Within a short time, your client has to notice the program of her intent to seek a court order for a second evaluation. A motion for an independent evaluation has to be filed with the trial judge. Once the motion is set for hearing, the program must provide the judge a copy of it's evaluation before the judge will order the independent evaluation. If you convince the judge to order the independent evaluation, he will determine the request for the waiver after reading both reports.