Substance Abuse Evaluations (SASSI) in DWI cases
I have always been bothered by one of the ramifications of a DWI conviction: The Substance Abuse Evaluation.
I am all for the premise and theory behind it.
If you are place on probation following a conviction for DWI, you are required by law to take a substance abuse evaluation, and perform any conditions imposed. This can be something as small as "no alcohol while on probation," or larger (very time consuming) things like attending AA several times per week, or going to an intensive inpatient or outpatient program.
The point of requiring counseling for DWI offenders is obvious. I have no problem with that. Also, the premise that a counselor makes the decisions instead of a judge or prosecutor makes sense as well. Us lawyers (or "law talking guys") do not necessarily know what the best treatment plan.
Here is the problem: The offender is usually simply given a short, one page "SASSI - Substance Abuse Subtle Screening Inventory." It is described by the maker as "A one-page paper and pencil test that identifies people who suffer from substance dependence." This simple quiz, magically can tell what a person's substance problems are, and how to fix them. Oh yeah, even according to SASSI information, training required for administration, is checked off "No."
The reason this came up to me, was a client of mine that was placed on probation took this quiz. Then, after about a 10 minute multiple choice quiz, he was ordered by the court to attend an intensive outpatient substance abuse treatment program. This was way more than he bargained for. Oh yeah, he is required to pay for it as well (the SASSI and the treatment program).
I couldn't help but feel that it was unjust that this occurred after his negotiated plea. Not only that, I was troubled by how a one page multiple choice quiz could so vastly affect someones life time wise and monetarily.
When I spoke to the counselor about my client's recommended treatment, I asked him if I could take a look at one of the blank tests. I really just wanted to see it so I could prepare my clients for what they are in for if they are convicted. I was told, that I was not allowed to see one.
Funny thing is, I went online, and found several places to order the SASSI forms from. I have contemplated ordering a some, along with posting the "good answers." I was actually pretty surprised I couldn't find anything about suggested (or not suggested) answers online. Maybe I wasn't looking hard enough.
I'm curious if any other attorneys have run into major problems with the SASSI quiz.
I am all for the premise and theory behind it.
If you are place on probation following a conviction for DWI, you are required by law to take a substance abuse evaluation, and perform any conditions imposed. This can be something as small as "no alcohol while on probation," or larger (very time consuming) things like attending AA several times per week, or going to an intensive inpatient or outpatient program.
The point of requiring counseling for DWI offenders is obvious. I have no problem with that. Also, the premise that a counselor makes the decisions instead of a judge or prosecutor makes sense as well. Us lawyers (or "law talking guys") do not necessarily know what the best treatment plan.
Here is the problem: The offender is usually simply given a short, one page "SASSI - Substance Abuse Subtle Screening Inventory." It is described by the maker as "A one-page paper and pencil test that identifies people who suffer from substance dependence." This simple quiz, magically can tell what a person's substance problems are, and how to fix them. Oh yeah, even according to SASSI information, training required for administration, is checked off "No."
The reason this came up to me, was a client of mine that was placed on probation took this quiz. Then, after about a 10 minute multiple choice quiz, he was ordered by the court to attend an intensive outpatient substance abuse treatment program. This was way more than he bargained for. Oh yeah, he is required to pay for it as well (the SASSI and the treatment program).
I couldn't help but feel that it was unjust that this occurred after his negotiated plea. Not only that, I was troubled by how a one page multiple choice quiz could so vastly affect someones life time wise and monetarily.
When I spoke to the counselor about my client's recommended treatment, I asked him if I could take a look at one of the blank tests. I really just wanted to see it so I could prepare my clients for what they are in for if they are convicted. I was told, that I was not allowed to see one.
Funny thing is, I went online, and found several places to order the SASSI forms from. I have contemplated ordering a some, along with posting the "good answers." I was actually pretty surprised I couldn't find anything about suggested (or not suggested) answers online. Maybe I wasn't looking hard enough.
I'm curious if any other attorneys have run into major problems with the SASSI quiz.
Four alcohol screening instruments (the AUDIT, CAGE, MAST, and Svanum's scale) were administered to a sample of 306 undergraduate students at a Midwestern university and were compared with regard to several test characteristics, using the alcohol section of the CIDI-SAM (DSM-IV version) as the criterion measure.
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Dolly
Medical Malpractice Info
Anything as open ended as this should be a part of the plea process.
Hunter,
So far I have not run into any issues.
Hi Hunter,
You might be interested in this post -- it's multi-part, and I just posted the first part today, but will include more detail later:
http://feistygeek.blogspot.com/2009/01/why-one-might-want-to-pass-sassi.html
Let me know what you think!
It seems like defendants really get screwed on this SASSI business. If you don't prep your clients on what the SASSI is, you will find marginal cases of 1st time DUI defendants will get sucked in to a 16 week intensive outpatient program. But a defendant with a few DUIS will be found to have his problem "in remission" if he knows how to answer the questions and goes to the right place
I had to take this test because I had made the mistake of smoking pot a few times and was going through a custody battle. Yes I was wrong for smoking but by no means an unfit parent. They stated the results of the test lead them to beleive, and I quote, "We feel like you answered the way you thought we wanted it answered, so you failed." I answered honestly and was ordered to six months!!!! of extensive drug counseling. Is there really a right or wrong answer or do they just decide off of their own opinion of you?
I am a Licensed Substance Abuse Counselor and I have used the SASSI and it updates in my practice for nearly 20 years. For the most part the SASSI is not based on specific answers to particular questions, rather patterns of the answers to groups of questions. The test is quite accurate, well over 90%. It misses more people with a problem than falsely identifying someone with a problem that does not have a substance related issue. However, no evaluation should be based solely on one test instrument. SASSI institute states that "In addition to test results, supplemental clinical information is required to meet the accepted standards for a DSM-IV clinical diagnosis of a substance abuse disorder". In order to purchase the SASSI you need to be a qualified substance abuse counselor and be trained by a qualified SASSI trainer. In Our state at least two assessment instruments must be used for the DUI evaluation. Maybe your client did not mention everything that led to the diagnosis established by his evaluation.
I agree that a single test is inadequate. We use a six dimensional evaluation process at AccelRecovery for that very reason. The result? About half are found to need help and about half are not.
Something to consider though; clients continue to display denial and resistance no matter how thorough the evaluation. What they say about any evaluation process should be carefully balanced against the possibility of denial and outright willful distortion of the amount and frequency of their substance use.
that test is a joke (if a criminal is smart enuff to get away with his crime should he b punnisht) come on that is in no way a one word anser
I received THIS SIX DIMENSIONAL substance abuse evaluation from MR. O'NEAL and his college. I will never forget this experience.
I was pulled over for going 5 miles over the speed limit. the officer asked to search my car and found a joint roach that would fit in a pin cap. I was arrested for possession of marijuana under 2 ounces.
I was solicited by Mr. O'Neals secretary 4 days after my court date and was told very abruptly that I had to come in for a court ordered evaluation asap, it was extremely pushy and seemed very awkward.
Being a first time offender I was unaware that I had a 60 day window to complete this evaluation, a definite mistake on my part. eager to complete each and every requirement of my probation i agreed to come in the next day. I tried to contact my lawyer that day to find out if this was all legitimate however he was on vacation and could not be reached until the following week.
I arrived at Accel Recovery the next day for my appointment. I was handed a clip board with about 6 or so pages of paperwork and a SASSI Test. I sat in a room with 2 other gentlemen and completed the test. as soon as i was done Michael O'Neal and his college came in and introduced themselves gathered the SASSI and immediately asked me to take a drug test.
I was 100% honest with Mr. O'Neal and told him that i had smoked roughly three weeks ago, prior to my court date and would probably test positive for pot, however I absolutely had not smoked since i was legally put on probation. and that I have absolutely no problem not smoking.
At this point i have known Mr. O'Neal for roughly 3-5 minutes and maybe had 60 seconds worth of passing conversation. I had completed the SASSI and a drug screen.
Mr. O'Neal invited me into his office and told me to sit down and get comfortable. Once i sat down he leaned in and proceeded to tell me i have a severe drug problem and that I am going to need to go through his 4 month intensive outpatient drug treatment program thats monday though thursday from 6-9 and that i could prepay now or just pay every week.
I WAS COMPLETELY SHOCKED BY HIS TREATMENT RECOMMENDATION. I TOLD HIM THAT I HAD JUST MET HIM AND THERES NO WAY HE COULD POSSIBLY KNOW ENOUGH ABOUT ME TO RECOMMEND SUCH RIDICULOUS TREATMENT, THAT WOULD IMPACT MY LIFE AND JOB SO DRASTICALLY. ANYONE WHO KNOWES ME WOULD LAUGH AT THAT DIAGNOSIS.
Mr. O'Neal explained to me that they use a very accurate test, the SASSI as well as drug screen to determine a persons drug problem and behaviors. and then repeated to tell me that I do have a serious problem and he will help me turn my life around..
I told him this was absolutely insane. YES, i had smoked pot a couple times a month but i have absolutely no dependency and I stopped as soon as i was put on probation. i explained my daily life i told him: I am a business professional I have been with my company for over 4 years I works 55 hours a week a I am a top performer with my company and am perusing huge aspirations. I run 5 miles everyday, i don't drink or take any prescription drugs. I have an extremely healthy lifestyle. I DONT SMOKE NOW AND HAVE NO DESIRE TO WHATSOEVER.
Mr. Oneal didn't acknowledge anything I told him about my life or situation. I bluntly asked him: forget your SASSI forget my drug TEST! DO YOU BELIEVE I HAVE A SERIOUS DRUG PROBLEM? Mr. Oneal, who had been looking directly into my eyes the entire conversation looked away and said that YES!!! YOU HAVE A SERIOUS DRUG PROBLEM AND YOU HAVE TO COMPLETE THIS INTENSIVE OUTPATIENT PROGRAM BY COURT ORDER. Then he immediately began discussing my payment options.
I have never in my life experienced such extreme frustration. Here is a man sitting across from me 65 pounds over weight drinking his 4th cup of coffee telling me I have a sever drug addiction issue thats going to ruin my life and by court order I must complete this INTENSIVE OUTPATIENT PROGRAM if i want to GET MY LIFE BACK ON TRACK.
I WAS FUMING I COULD HARDLY BREATH I WAS SO MAD. THIS MAN KNOWES NOTHING ABOUT ME. HOW COULD HE SAY I HAVE A PROBLEM BASED ON A SASSI AND URIN TEST.
The following day i booked 2 more substance abuse evaluations with different companies. THe other 2 evaluations i received were completely different thaN Mr. O'neals. I spent almost an hour and a half with both evaluations, they asked me about my life, habits, hobbies, finances, relationships, everything. BOTH MY SUBSTANCE ABUSE EVALUATIONS FROM THE OTHER COMPANIES STATED THAT I DO NOT HAVE A DRUG DEPENDENCY AND RECOMMENDED NO TREATMENT WHAT SO EVER.
THIS IS SUCH A JOKE!!! WHO THE HELL MONITORS THESE INSTITUTIONS.
YOU CANNOT JUDGE SOMEONE AND THIER LIFESTYLE BASED ON A ONE QUIZ AND URIN TEST. ABSOLUTELY RIDICULOUS. I HAVE SPENT SO MANY NIGHTS AWAKE THINKING ABOUT THE UNBELIEVABLE INJUSTICE IT IS TO HAVE THAT MUCH CONTROL OVER ANOTHER PERSONS LIFE AND TO USE SUCH LACK OF JUDGMENT AND HUMAN ELEMENT. THEY ARE PURELY TRYING TO MAKE A PROFIT. PERIOD.
DO NOT GO TO ACCEL RECOVERY!!
FIND SOMEONE THATS GONE TO ACCEL AND SURPRISINGLY YOU MAY RUN INTO THE SAME STORY. EVEN THE OTHER SUBSTANCE ABUSE EVALUATION COMPANIES HAD HEARD OF ACCELS PRACTICE AND FROWNED UPON THEM VIGOROUSLY.
THEY CREATED AN ABSOLUTE LEGAL NIGHTMARE FOR ME SO THEY CAN GET A CECK....DONT LET THE SAME HAPPEN TO YOU!!!