FAQs

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Driving Under the Influence (DUI) Court

1. What if I have a serious medical condition?: In general, if you have a serious medical condition you will not be excluded from Driving Under the Influence Court. You must be willing to fully disclose your condition and medical care to the treatment providers and Drug Court team. If you are taking a prescribed medication for your condition, you must continue to do so. Although we can be flexible and work around your condition, you must be able to engage in and complete treatment. For further information, contact us at 208-446-1218.

2. Can I use prescription medication?

As a general rule, Driving Under the Influence (DUI) Court participants are expected to be drug free, including the unauthorized use of prescription medication.

If your doctor prescribes medication, you must bring in the prescription to your probation officer as well as the drug testing facility. You will then sign a release so that your probation officer can verify the prescription. While in Driving Under the Influence Court, you must use one doctor or one dentist and one pharmacy. We also require that you notify the medical professional of your addiction and that you request non-narcotic pain medications when a prescription is being recommended. For further questions, contact DUI Court at 208-446-1218.

3. What happens once I am in the program?

You will be required to participate fully in the program to graduate from Driving Under the Influence (DUI) Court. This will include:

Completing GED if ordered
Court appearances
Individual and group therapy
Making payments
On-going contact with your probation officer
Random drug testing
Verifying self-help meetings

Contact the Drug Court at 208-446-1218 for more information.

4. What if I want to travel outside of Kootenai County?: If you need to travel outside Kootenai County, you must first contact your probation officer to request permission to leave. As a condition of travel, the probation officer my require you to submit to a drug test prior to leaving and immediately upon return. Another condition may be that a treatment group not be missed. If a treatment group would be missed, further permission from your treatment provider would be required. Call Driving Under the Influence (DUI) Court at 208-446-1218 for any follow-up questions.

5. What sanctions are given?

If you do not comply with the treatment tasks, probation conditions, or do not attend mandatory meetings, the Judge will sanction your actions. Possible sanctions include but are not limited to:

Community service hours
Electronic monitoring
Increased AA / NA meetings
Increased drug testing
Jail time
Return to prior phase
Sheriff's labor program
Writing assignments

Any further questions about sanctions should be directed to the Driving Under the Influence (DUI) Court office at 208-446-1217.

6. How do drug screens work?

You will be required to provide ongoing random urine samples to monitor your progress. A same-sex employee at the testing facility will supervise you when you give a specimen. Urinalysis reports are documented and available to the court. Any positive urine screens, tampered samples or refusal to provide a sample may be grounds for sanctions from the judge.

Poppy seeds are a concentrated form of opium and should not be eaten, Some "power drinks" contain pseudoephedrine and are not to be taken. Your recovery is important. Staying away from these items will not only give you clean tests, it will keep substances out of your system which may trigger old addictions.

You must be very careful not to ingest:

Alcohol
All over-the-counter medications (such as Nyquil and including nasal sprays) without prior approval from your probation officer
Controlled substances
Excessive Water
Flushing Agents
Metabolife or other over the counter diet aids
"Natural" or herbal remedies
"Power" drinks (Red Bull and others)
Poppy seeds in any form (muffins, breads, bagels, etc.)

7. What if I relapse?

You may relapse during this program, but that just means you have more work to do. It does not necessarily mean, however, that you will be terminated from the program. The Driving Under the Influence (DUI) Court team understands that addiction is a devastating disease which consumes you. All we ask is that you are honest and tell us if it happens. That way the team can make sure the program is fitting your needs, or if you need something different or something more.

Contact the Driving Under the Influence (DUI) Court Coordinator at 208-446-1218 for any concerns you may have.

8. What are grounds for termination from DUI Court?

You will be terminated from Driving Under the Influence (DUI) Court if you do not comply with the treatment. Although a relapse is not absolute grounds for termination, a continual inability to meet your treatment goals will result in expulsion. There are several grounds for possible termination. These include:

Possession of alcohol, drugs, or paraphernalia at your residence, in your car or on your person
Attending a treatment group under the influence
New charges, especially violent or sexual crimes
Corrupting or negatively influencing another Driving Under the Influence (DUI) Court Participant
Tampering with a urinalysis sample, using the urine of someone else for your own, or allowing someone else to use your urine for their sample
Any instance necessitating the issuance of a bench warrant

You can reach out to Rita Wickham at 208-446-1218 for more information.

9. What happens if I'm terminated from DUI Court?: If you are terminated from Drug Court you will not get a trial. When you opted in to Driving Under the Influence (DUI) Court you waived your right to a trial and plead guilty to the felony offense. The matter will be referred to the assigned District Judge for sentencing. The Driving Under the Influence (DUI) Courtwill allow you to have an OSC, admit/deny hearing, mitigation hearing and/or be heard before dismissal from the program if you so request.

10. What are my conditions of probation in Driving Under the Influence (DUI) Court?

Some of the standard conditions of probation in Driving Under the Influence (DUI) Courtare as follows:

Should I be terminated from the treatment program, I will be sentenced by the Court based upon my admission to the probation violation(s) (or if a new charge, based upon my guilty plea).
Shall participate in and complete the Drug Court Personal Recovery Program as designed by my treatment provider to the satisfaction of the Court.
Shall not knowingly associate with persons using or possessing controlled substances and shall not associate with any person(s) the Court or probation officer specifically restricts me from associating with, this may include family members.
Shall not work with any police agency on drug cases or cases where I may come into contact with controlled substances. I may voluntarily provide historical information to a police agency regarding my involvement with controlled substances.
Pay a non-refundable participation fee in an amount to be determined based on ability to pay, not to exceed $300 per month. Should i be terminated from the program for any reason, the participation fee and any unpaid treatment costs will still be due and owing.
Any failure of the treatment program (including but not limited to positive urinalysis tests, missing treatment, violation of release conditions, commission of a new crime) may result in modification of the treatment program, release conditions, revocations of my release, and/or termination from the program.
Seek and maintain employment or obtain employment counseling, complete high school or obtain a G.E.D. as directed by the Court. Must be employed full time or alternative as ordered by your probation officer.
Appear in court for any scheduled hearings regardless of my compliance with the treatment program.
Length of time of participation in the program is ordinarily 18 months, but the Court may extend the program to allow me additional time to successfully complete my program requirements.
Report any change of address and/or phone number to the Court and my treatment provider within 48 hours. I must get permission from my probation officer prior to moving.
Submit to random urinalysis testing at my own expense. Any unpaid tests at termination will still be due and owing.
Maintain regular contact with my attorney
Appear for all court dates.
Remain in Kootenai County, except for employment, court, or family visitation purposes with permission of your Probation Officer. Permission must be obtained five days prior to leaving.
Commit no law violations.
Shall not possess or use a police band scanner.
Report all law enforcement contacts immediately to probation officer (Any contact even if not arrested or cited).
Not use or possess any non-prescribed substance(s) or alcohol. All prescriptions must be shown to probation officer, treatment personnel and drug testing personnel immediately upon receipt.
If you have a current prescription, you must take any prescribed medications in the prescribed dosages at the prescribed times.
Not use or possess any substances intended to alter the results of a test of my blood, breath, or urine. All positive, adulterated or diluted urinalysis are considered to be positive.
Shall report to/be available for contact with probation officer, counselor, and treatment provider.
Shall not use, possess, or sell any illegal controlled substances or drug paraphernalia.
Shall obey all geographic restrictions set forth by the Drug Court Judge or probation officer.
Shall be prohibited from possessing a weapon or look-alike weapon or ammunition.
Consent to interviews in residence upon request of counselor, treatment provider or probation officer.
Shall not take any health supplements or herbal pills, powders, or "remedies." Only allowed one brand name over-the-counter daily multi-vitamin unless doctor prescribed. Also shall not consume any poppy seed products.
Cannot go to any local casino.
May not enter any establishments wherein the primary source of income is the dispensing of alcoholic beverages (no bars, liquor stores, alcohol cruises, or taverns).
Must abide by 10 p.m. curfew unless receiving prior permission or curfew change by probation officer.
Must live in Kootenai County.
Upon entry into the program, you will review each one of these conditions with your probation officer and initial each one.