Wyoming DUI/DWUI Substance Use Evaluations: What to Expect

When does Wyoming law require a substance use disorder assessment?

Being charged with DUI/DWUI is not, by itself, the same as the statutory assessment requirement that applies after a conviction.

W.S. 31-5-233(e) provides that, except as otherwise provided in the statute, a person convicted under that section shall be ordered to or shall receive a substance use disorder assessment conducted by a substance use disorder provider certified by the Wyoming Department of Health at or before sentencing. The statute also provides that a nonresident may receive an assessment from a provider certified by that person's state of residence.

A particular court, probation or supervision requirement, attorney recommendation, or WYDOT-related process may also affect what evaluation or documentation is needed and when it must be completed.

This resource provides clinical information, not legal advice. Questions about what the law requires in an individual case should be directed to an attorney, the court, WYDOT, or the appropriate supervising authority.

Why might someone be asked to obtain an evaluation?

People seek Wyoming DUI/DWUI substance use evaluations for different reasons. An evaluation may be connected with sentencing, a court or supervision requirement, a Wyoming driver-license matter, an attorney's request for clinical documentation, or another Wyoming-related requirement.

The purpose of the clinical evaluation is not to advocate for a particular legal result. Its purpose is to develop an accurate, individualized picture of substance use, functioning, risks, needs, strengths, and appropriate next steps.

What does OpenGate's Comprehensive Alcohol and Drug Evaluation include?

OpenGate's Comprehensive Alcohol and Drug Evaluation includes:

• administration of the full Addiction Severity Index (ASI);
• a comprehensive biopsychosocial and spiritual assessment;
• application of The ASAM Criteria, Fourth Edition;
• review of applicable DSM diagnostic criteria;
• relevant records and authorized collateral information when applicable;
• assessment of case-management and referral needs;
• a diagnostic summary and a diagnosis when clinically supported; and
• individualized clinical recommendations and appropriate next steps.

Additional standardized, evidence-based screening or assessment instruments may be used when clinically indicated.

The evaluation looks beyond the DUI/DWUI incident

The circumstances of the current DUI/DWUI matter are relevant, but they are only part of the evaluation.

Depending on the individual case, the evaluation may consider substance-use history and patterns; the circumstances surrounding the current legal matter; prior substance-related consequences; previous evaluations, education, or treatment; medical and mental-health considerations; medications when relevant; family and social functioning; employment and educational history; legal history; recovery environment and supports; current functioning; and other information relevant to clinical decision-making.

What role does the Addiction Severity Index (ASI) play?

OpenGate administers the full Addiction Severity Index (ASI) as part of its Comprehensive Alcohol and Drug Evaluation.

The ASI is a structured clinical assessment instrument used to gather and organize information across important areas of a person's life and functioning. At OpenGate, the term "ASI evaluation" refers to the Comprehensive Alcohol and Drug Evaluation. The full ASI is one component of that evaluation.

Wyoming does not universally require use of the ASI. Current Wyoming Department of Health rules require an evidence-based assessment tool for adults that includes comprehensive information about biopsychosocial and spiritual needs. The assessment process must also use ASAM criteria. The Department's current Certification Handbook lists the ASI as one example of a clinical assessment instrument, not as the only permitted instrument.

For more information about the instrument, see Addiction Severity Index (ASI).

What records may be relevant?

Records can provide important information that cannot always be established through an interview alone.

Depending on the circumstances, relevant records may include the police or arrest report, chemical-test or toxicology information, BAC information when applicable, driving history, court or supervision documents, prior substance use evaluations, prior education or treatment records, completion documentation, monitoring or testing information, and relevant medical or behavioral-health records.

Not every case requires every type of record. OpenGate determines what information is clinically relevant based on the individual circumstances. When outside information is needed, appropriate authorization may be required before protected information can be obtained or disclosed.

How are DSM diagnostic criteria used?

A DUI/DWUI charge or conviction does not, by itself, establish a substance use disorder diagnosis.

OpenGate reviews applicable DSM diagnostic criteria as part of the comprehensive evaluation. The evaluation documents the diagnostic findings and includes a diagnosis when clinically supported. Diagnostic conclusions are based on the available clinical information as a whole, not simply on the legal charge, BAC, or referral source.

How are The ASAM Criteria, Fourth Edition used?

OpenGate applies The ASAM Criteria, Fourth Edition when evaluating substance-related needs and developing clinical recommendations. The ASAM Criteria provide a multidimensional, person-centered framework for assessing individual needs and informing appropriate levels of care and treatment planning.

The framework supports individualized clinical decision-making. It does not make a treatment recommendation automatic based on a particular offense or test result.

Does a DUI/DWUI automatically mean treatment will be recommended?

No.

Treatment is not predetermined by:

• the charge or conviction;
• BAC alone;
• the referral source;
• an attorney; or
• the client's preferred legal outcome.

The clinical recommendation follows from the comprehensive evaluation.

Depending on the findings, appropriate next steps may include education or risk-reduction services, outpatient treatment, a more intensive level of treatment, additional assessment or referral, recovery or monitoring supports, or no substance use disorder treatment when treatment is not clinically indicated.

A legal, court, probation, or driver-license requirement may exist independently of the clinical treatment recommendation. OpenGate does not alter a clinical recommendation to obtain a preferred legal or administrative result.

What is included in the written report?

After the evaluation is completed, OpenGate prepares a written report summarizing relevant information considered, clinical findings, diagnostic information when applicable, and individualized recommendations.

When legally permitted and the required authorization is in place, the report or other appropriate documentation may be provided to an attorney, court, probation or supervising authority, WYDOT, or another authorized recipient.

For information specifically about Wyoming driver-license documentation, see WYDOT-Related Substance Use Evaluations and Documentation.

Attorneys and referral professionals may also review For Attorneys for referral and coordination information.

How the Evaluation and Documentation Are Used

OpenGate provides clinical findings, recommendations, and applicable documentation. The court, WYDOT, probation/parole authority, or other receiving authority determines its own case-specific requirements and decisions.

Can I choose my evaluation provider?

OpenGate's Wyoming Department of Health certification is current and active. OpenGate provides Comprehensive Alcohol and Drug Evaluations for adults with Wyoming-related matters. In many situations, clients may choose OpenGate or another provider who meets applicable requirements; follow any specific instructions in the court order, referral, supervision condition, or driver-license process.

Before scheduling, confirm any provider requirements that apply to your matter. The Wyoming Department of Health maintains a public directory of currently certified substance use disorder service providers.

Pay attention to deadlines

If you have a court date, sentencing date, probation deadline, driver-license deadline, or another required completion date, provide that information during intake.

A comprehensive evaluation can require time to complete the interview, obtain and review relevant records, resolve unanswered questions, and prepare the written report. Starting early is preferable to waiting until immediately before a deadline.

If you are uncertain about the deadline or exactly what documentation is required, confirm that information with your attorney or the authority requesting the evaluation.

What happens next?

The process begins with Get Started.

After intake and required paperwork are completed, OpenGate identifies relevant records or other information needed for the evaluation. The comprehensive clinical evaluation is then completed, including administration of the full ASI.

Damon J. Laird, MSW, LCSW, reviews the available information, applies applicable DSM diagnostic criteria and The ASAM Criteria, Fourth Edition, and develops individualized clinical recommendations. A written report is then prepared. Documentation may be released to authorized recipients in accordance with applicable privacy requirements and required authorization.

If additional services or referrals are clinically indicated, appropriate next steps are explained as part of the recommendation.

If the evaluation recommends Prime For Life® Individual Adult Education, OpenGate can provide that education. If the evaluation recommends Outpatient Counseling (ASAM Level 1.5), OpenGate can provide that counseling when Level 1.5 remains clinically appropriate. Clients are also free to choose another qualified provider.

Appointment options

OpenGate provides services to adults age 18 and older.

Comprehensive Alcohol and Drug Evaluations are available by secure video telehealth (online) to adults physically located anywhere in Wyoming. For adults physically located in Colorado, OpenGate provides eligible Wyoming services by secure video telehealth (online) when the requested service falls within Damon J. Laird's Colorado LCSW scope.

In-person appointments are available at the Casper office. All services are by appointment only. No walk-ins.

OpenGate does not provide Colorado-approved DUI Level I or Level II education or treatment.

Privacy

OpenGate protects confidential client information under applicable law. Additional federal protections are applied when they govern a particular record or circumstance.

Email and text messaging are for scheduling and administrative communication only. Do not include confidential client information, substance-use details, or sensitive legal information in ordinary email or text messages.