Section 120. Classification guidelines

A. More than one criterion shall be indicated to designate classification to education or intensive education; however, any one of the treatment criteria is sufficient for treatment referral. Referral to a level when any criterion for that level is exceeded requires written explanation placed in the probationer's file with the supervisor's approval:

1. Education.

a. No prior legal consequences as a result of alcohol or other drug use.

b. BAC usually not to exceed 19%.

c. No detrimental social, financial, or health consequences as a result of alcohol or other drug use.

d. A score on a commission approved alcohol or other drug screening test indicating "no problem."

e. Positive correlation between interview data and objective data.

2. Intensive education.

a. No prior DUI offense.

b. No prior alcohol- or other drug-related education or treatment.

c. BAC usually not to exceed 23%.

d. No more than one prior alcohol - or other drug-related offense, not including DUI (for example, drunk or drinking in public).

e. A score on a commission approved alcohol or other drug screening test indicating "potential problem."

f. A family history of alcohol or other drug abuse.

3. Treatment.

a. Self-admission of an alcohol or other drug problem.

b. Prior DUI offense.

c. Prior alcohol- or other drug-related treatment or education.

d. Positive reading from a breath alcohol screening device during any ASAP meeting or group.

e. Subsequent alcohol- or other drug-related offense during the probationary period.

f. A score on a commission approved alcohol or other drug screening test indicating "problem."

B. Identifiable psychological or psychiatric problems may preclude offender involvement in group intervention.

C. The ASAP case manager shall classify the offender using interviews, record checks and screening instruments. Offenders shall be classified in both group and individual formats.

Historical Notes

Derived from VR647-01-03 § 2.10, eff. September 13, 1989; amended, Volume 07, Issue 09, eff. February 28, 1991.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.