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The Processes and Evaluations in an Illinois DUI Case

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b2ap3_thumbnail_shutterstock_404002519.jpgFar too often, a fun and relaxing evening spent with family and friends can end up being a night spent behind bars, due to drinking and driving. Being charged with driving under the influence of alcohol or drugs is serious. You may lose potential employment opportunities, the ability to drive, and even your vehicle, in more serious cases. In the state of Illinois, anyone who is accused of a DUI must go through a drug or alcohol evaluation before sentencing for the offense.

Why Does the Offender Have to Be Evaluated?

The evaluation was made to determine the offender’s alcohol and drug use and the risk to public safety. The offender’s driving record, chemical test results, test score and category, and an interview with an evaluator will be reviewed during this process. 

Understanding the offender’s history of the drug and alcohol use is crucial as it relates to his or her driving history, and whether driving privileges are still granted. 

If the offender is inconsistent in his or her interview, he or she must clarify the information with the evaluator. Otherwise, the evaluation is considered invalid, and the offender may lose driving privileges, undergo another evaluation at his or her own expense, and be delayed sentencing for the DUI or consideration for full or restricted driving privileges. 

At the end of the evaluation, the offender will be given a classification, and a recommendation by the evaluator will be determined. The four classifications include: minimal risk, moderate risk, significant risk, and high risk.

  • The minimal risk recommendation includes a completion of at least 10 hours of DUI risk education. 
  • The moderate risk recommendation includes a completion of a minimum of 10 hours of DUI risk education, as well as a minimum of 12 hours of early intervention for over a minimum of four weeks and no more than three hours per day in any seven days in a row.
  • The significant risk recommendation includes a completion of at least 10 hours of DUI risk education, as well as at least 20 hours of substance abuse treatment. The offender must still participate in each activity specified in the continuing care plan, even after discharge from the substance abuse treatment program.
  • The high risk recommendation includes a completion of at least 75 hours of substance abuse treatment, and must still participate in each activity specified in the continuing care plan when he or she is discharged from the substance abuse treatment program.

Call a DuPage County DUI Defense Attorney

It is very important that you seek effective legal representation, should you be charged with driving under the influence. At Myers Law LLC, our experienced DuPage County DUI defense lawyers will work to defend your rights. To schedule a free 15-minute phone consultation, please call 844-984-3529 (844-9-THE-LAW) to discuss your case. To further meet the needs of our clients, we are also fluent in Spanish. 

Sources

http://www.dhs.state.il.us/page.aspx?item=44177

 

 

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