What is the Mandatory Alcohol Evaluation in Illinois?
Everyone arrested for a DUI in Illinois must undergo an alcohol evaluation before sentencing can occur or before driving privileges can be restored.
An alcohol evaluation is used to determine the extent of your alcohol use and whether you constitute an ongoing public safety risk. The evaluator will go over things like your driving history, blood test results, and interview (yes, you will be forced to go through an interview as part of the process).
After the evaluation, you will be given a risk classification with a recommended penalty. In criminal cases, the court will consider the recommended penalties, while in non-criminal cases, the “recommendations” will become mandatory.
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The different risk classifications and typical recommended penalties, as provided by the Illinois Department of Human Services, are:
- Minimal Risk. Completion of a minimum of 10 hours of DUI Risk Education.
- Moderate Risk. Completion of a minimum of 10 hours of DUI Risk Education and a minimum of 12 hours of early intervention. In addition, after discharge, you may be required to complete an alcohol treatment program.
- Significant Risk. Completion of a minimum of 10 hours of DUI Risk Education and a minimum of 20 hours of substance abuse treatment. You will also be required to participate in a continuing care plan after discharge.
- High Risk. Completion of a minimum of 75 hours of substance abuse treatment and, after discharge, active ongoing participation in all activities specified in the continuing care plan.
As mentioned above, in all cases, the court has discretion to determine what type of recommendation will become a part of the DUI penalties.
You should also keep in mind that these recommendations are in addition to any criminal penalties such as jail time, monetary fines, and license suspensions.
If you are ever arrested for a DUI in the Chicago area, you will definitely want to talk to a DUI attorney to learn all the possible penalties you face.
Related Resources:
- Illinois DUI Fact Book (Illinois Secretary of State)
- Illinois DUI Laws (FindLaw)
- Road to Reinstatement (Illinois Secretary of State)
2013-01-24 22:53:53
Source: http://chicagoduilawyersblog.com/2013/01/what-is-the-mandatory-alcohol-evaluation-in-illinois.html
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