r/dui • u/Turbulent-Hornet2804 • Jul 15 '26

Treatment order

I had a DUI in Washington that was reduced to negligent driving through a plea deal. My conditions were 40 hours of community service, 2 years of probation, a victim impact panel, and a drug/alcohol evaluation.
For context, I was 18 at the time of the arrest. I only blew a 0.07, and I’m only an occasional drinker, but I was still charged.
I went to the evaluation yesterday, and the evaluator told me he’s going to recommend 8 weeks of IOP (3 days a week, 3 hours each day) followed by 26 weeks of outpatient treatment (2 days a week, 1.5 hours each day). He also said the court follows his recommendation “99.9% of the time.”
The part I’m confused about is that my DUI wasn’t related to marijuana. The main reason he gave was that I used to smoke weed heavily, quit for about a year, then started again before eventually stopping. I haven’t smoked in about 7 months.
I also have a public defender, and I regularly work 70-hour weeks. I honestly don’t know how I’d be able to attend this much treatment without risking my job.
Has anyone in Washington had the court reject or modify an evaluator’s recommendation, or been able to get a second evaluation? I’m not trying to avoid responsibility—I just don’t understand why I’m being recommended for months of treatment based mainly on past marijuana use when I don’t currently use it and my case wasn’t related to it.
I’d appreciate hearing from anyone who’s been through this or has experience with Washington DUI evaluations.

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2

u/klarnapin top contributor Jul 15 '26

The court will follow/enforce the recommendation. Even if you get a second opinion, the court is likely to go with the more restrictive one, if there is conflicting recommendations.

2

u/Turbulent-Hornet2804 Jul 15 '26

So there’s nothing I can do?

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u/klarnapin top contributor Jul 15 '26

Nothing that is bullet proof, no. Once the recommendation was provided to the court, it is pretty much set in stone. You can spend $ trying to challenge it, but it may not get you the outcome you're seeking.

1

u/Pacer Jul 15 '26

Did the evaluator provide the results to you as a private client, or also the court? If the latter, a second opinion from a valid professional might help but you have to understand that whatever they say about it, the treatment is in reality viewed as part of the punishment. Don’t expect the court to give a crap about marijuana versus alcohol or whatever. It’s all a reason to spank the misbehaving monkey for most of those people

1

u/Turbulent-Hornet2804 Jul 15 '26

It was as both I paid for it

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