DUI Assessment & Medication Assisted Treatment (MAT)
If the person has two (2) or more prior Driving Under the Influence (DUI) convictions, the court shall order the person to undergo an assessment that uses a standardized evidence-based instrument performed by a provider to determine whether the person has a diagnosis for alcohol and/or drug dependence and would likely benefit from a non-medication or medication-assisted treatment indicated and approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
A court shall grant a request for an independent assessment and shall consider the results of the independent assessment along with the assessment required under this subsection when determining if the court will refer the person to a rehabilitative program that offers 1 or more forms of United States Food and Drug Administration-approved medications for the treatment of alcohol dependence and other substance use disorders. Only a provider may recommend that a person take medication-assisted treatment. A person always maintains the right to refuse ingestion or injection of medication. Only a provider may determine the type, dosage, and duration of the medication-assisted treatment. If the person refuses to take the medication-assisted treatment, the court shall not hold that person in contempt.
All drug and intervention courts shall make available the option for participants to use medication-assisted treatment while participating in the programs of the court in accordance with the recommendations of the National Drug Court Institute. The State Court Administrator’s Office shall provide training for the courts on the new regulations, general disease state information for Alcohol Use Disorder and other substance use disorders (SUDs), and appropriate evidence-based treatment options; including all FDA approved forms of medication-assisted treatment for Alcohol Use Disorder.
Adopted by the Criminal Justice Task Force on July 16, 2020
Approved by the Board of Directors on August 9, 2020