Sentencing Alternatives: Alcohol And Drug Rehabs
By Darren K
Sentencing Alternatives:
Alcohol and Drug Rehabs

Incarceration in the county jail offers no rehabilitative benefit for the DUI offender. Unfortunately, some people have addiction problems to alcohol that are simply not addressed with being punished by incarceration. A large number of people get into serious trouble because of their drinking. Currently, nearly 14 million Americans—1 in every 13 adults—abuse alcohol or are alcoholic. Several million more adults engage in risky drinking that could lead to alcohol problems. These patterns include binge drinking and heavy drinking on a regular basis. In addition, 53 percent of men and women in the United States report that one or more of their close relatives have a drinking problem.

As a result of the widespread problem of alcohol-abuse, there has been an enormous change in how addicts and alcoholics are regarded by the court system. It is ineffective to simply lock away addicts and alcoholics without treating the underlying addiction issues. Instead judges and prosecutors want substance abusers to stop using in order to lessen the risk of recidivism. Therefore, the alternative to incarceration is treatment in an established and state licensed drug and alcohol rehabilitation program.

There are many different types of rehab available, for both men and women, separately or together. Most rehabs are private and can be very expensive. Sometimes there are waiting lists for an available bed. The length of treatment varies, but the average time is 30 days. Treatment may include behavior modification and/or medication. Three commonly used behavioral treatments for alcohol abuse and alcoholism—motivation enhancement therapy, cognitive-behavioral therapy, and

12-step facilitation therapy—significantly reduced drinking in the year following treatment. Medication such as naltrexone (ReVia™), an anti-craving medication, has been shown to be effective, especially when combined with behavior therapy.

Alcohol and drug rehabs can be used to replace the alcohol education programs that are instituted as part of the DUI conviction. California Vehicle Code section 23598 states that in lieu of an alcohol or drug education program, the court may impose a live-in term of probation instead. The court will impose that the DUI offender complete such a program so long as the person consents and has been accepted into that program. The type of proof that is required is a certification, made under penalty of perjury, by the director of the program. The time spent in rehabilitation is counted against the time that would otherwise have been spent incarcerated in a county jail. This is referred to as good time custody credits.

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