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DUI Aftercare – Rights & Responsibilities

You are here: Home / Mass. DUI Suspensions / DUI Aftercare – Rights & Responsibilities

June 4, 2018 By Attorney Brian E. Simoneau

Repeat DUI offenders, including second and third offenders, in Massachusetts are generally required to complete the 14 day in-patient DUIL Program in Tewksbury, Massachusetts, as well as an outpatient aftercare component of the program, as a condition of probation. The failure to satisfactorily complete the DUIL program or the required aftercare can result in a probation violation. Unless special arrangements are made through the Probation Department, only programs approved and licensed by the Bureau of Substance Abuse Services, of the Massachusetts Department of Public Health will satisfy DUI program completion requirements.

While attending the DUI aftercare program, clients have certain rights and responsibilities. For example, clients must attend all sessions while alcohol and drug free. If an attendee is questioned and deny use, he or she may be requested to take a breathalyzer or urine screen. The refusal to take the breath or urine test upon demand will be grounds for discharge from the program.

The DUIL aftercare participant must attend all sessions as determined by his or her primary clinician. Only two absences are allowed for the 21 weekly group sessions and two absences are permitted for the monthly group sessions. All missed sessions must be made up. There is a fee for all missed group and individual sessions except for absences due to military duty, medical emergency or death in the immediate family. There are also fees for missed individual counseling sessions.

You have the right to review your treatment record. If you believe that it is inaccurate, you have the right to insert a statement of clarification. This is important because your treatment record is used to generate your discharge summary and that document is considered by the Registry of Motor Vehicles and Division of Insurance Board of Appeal, when it comes to hardship licensing.

You have the right to complain about procedures, policies or personnel of the DUI aftercare provider without fear of discrimination or repercussions or effects on your psychological treatment or evaluation. The complaint will be kept in the file labeled “client complaint” file and in your client record.

You should thoroughly understand your rights and responsibilities as a participant in the Massachusetts DUI aftercare program, so that you will have a positive and productive experience. Your goal should be to earn a “low risk of recidivism,” which will be helpful when it comes to applying for a hardship license.

Filed Under: Mass. DUI Suspensions

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550 Cochituate Rd. #25
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Phone: (508) 656-0057
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Email: brian@simoneau.com

Call or text anytime.

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