2005 California Vehicle Code Sections 23249.50 Article 5. Alcohol and Drug Problem Assessment Program

VEHICLE CODE
SECTION 23249.50

23249.50.  (a) The Legislature finds and declares all of the
following:
   (1) Driving under the influence of an alcoholic beverage or a drug
is a serious problem, constituting the largest group of misdemeanor
violations in many counties.
   (2) Studies of first offenders have found that more than half of
first offenders are alcoholics or problem drinkers.  There are higher
percentages of problem  drinkers among second offenders than among
first offenders.
   (3) As the link between the health and legal aspects of the
problem has become recognized, the courts have sought more
information on a presentence basis in determining the appropriate
sentence.
   (4) Laws relating to driving under the influence of an alcoholic
beverage or a drug allow the courts to order a presentence
investigation to determine whether a person can benefit from an
education, training, or treatment program.  The Legislature thus
finds that, to adequately assess whether an individual arrested for
driving under the influence of an alcoholic beverage or a drug is
chemically dependent, it is important to develop and implement
screening programs in order to continue to address the problem of
driving under the influence of alcoholic beverages or drugs in the
state.
   (b) It is therefore the intent of the Legislature to establish an
additional procedure to assist the courts in the use of presentence
investigations of individuals convicted of driving under the
influence of an alcoholic beverage or a drug and to enable the courts
to make appropriate dispositions in these cases.  As  part of this
process, the courts should obtain and consider a presentence
investigation report detailing the defendant's driving and criminal
record, and, where possible, an alcohol or drug problem assessment
report.  In all cases, an alcohol or drug problem assessment report
should be completed by qualified personnel prior to the determination
of an education or treatment plan and subsequent sentencing by the
courts.


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