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Dupage County DUI
Attorney
Law Offices of Peter Buh
115 Cambell Street, Suite 208
Geneva, IL 60134
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The DUI Evaluation Process
When an individual is convicted of a DUI in Illinois, the person is
required to obtain an Alcohol evaluation before he can be
sentenced. This evaluation assists the courts, prosecutors
and defense attorneys in determining the appropriate
sentence. This evaluation is filed with the court and has
strict confidentiality requirements.
Only the Judge, Prosecutor and Defense Attorneys may view the
evaluation. Any release of information relative to alcohol
and drug treatment received by the DUI offender requires the written
consent of the
offender.
All
information obtained during the evaluation shall be analyzed and the
offender's risk to public safety shall be determined. The
determination of risk shall be classified minimal, moderate,
significant, or high as follows. A person is classified as a
minimal risk if the offender has:
A)
no prior conviction or court ordered supervisions for DUI, no prior
statutory summary suspensions, and no prior reckless driving conviction
reduced from DUI; and
B)
a BAC of less than .15 as a result of the most current arrest for DUI;
and
C)
no other symptoms of substance abuse or dependence.
With a minimal risk
classification, the offender is required to Successful completion of a
minimum of 10 hours of DUI risk education. A person is
classified as a moderate risk if the offender has:
A) no prior conviction or court ordered
supervisions for DUI, no prior statutory summary suspensions, and no
prior reckless driving conviction reduced from DUI; and
B) a BAC of .15 to .19 or a refusal of
chemical testing as a result of the most current arrest for DUI;
and
C) no other symptoms of substance abuse
or dependence.
With a moderate risk
classification, the offender is required to successfully complete of a
minimum of 10 hours of DUI risk education; a minimum of 12 hours of
early intervention provided over a minimum of four weeks with no more
than three hours per day in any seven consecutive days; subsequent
completion of any and all necessary treatment; and, after discharge,
active ongoing participation in all activities specified in the
continuing care plan, if so recommended following completion of the
early intervention. A person is classified as a significant
risk if the offender has:
A)
one prior conviction or court ordered supervision for DUI, or one prior
statutory summary suspension, or one prior reckless driving conviction
reduced from DUI; and/or
B)
a BAC of .20 or higher as a result of the most current arrest for DUI;
and/or
C)
other symptoms of substance abuse.
With a significant risk
classification, the offender is required to successfully complete
minimum of 10 hours of DUI risk education; a minimum of 20 hours of
substance abuse treatment; and, upon completion of any and all
necessary treatment, and, after discharge, active on-going
participation in all activities specified in the continuing care
plan. A person is classified as a high risk if the offender
has:
A)
symptoms of substance dependence (regardless of driving record);
and/or
B)
within the 10 year period prior to the date of the most current (third
or subsequent) arrest, any combination of two prior
convictions or court ordered supervisions for DUI, or prior statutory
summary suspensions, or prior reckless driving convictions
reduced from DUI, resulting from separate incidents.
With a significant risk
classification, the offender is required to successfully complete of a
minimum of 75 hours of substance abuse treatment; and upon completion
of any and all necessary treatment, and, after discharge, active
on-going participation in all activities specified in the continuing
care plan.
When an individual obtains a
DUI evaluation, he must to be prepared to answer numerous questions
regarding his alcohol use. Without preparation, the
individual may placed in the wrong classification if answers the
questions incorrectly or discloses information in a manner that
reflects strong alcohol usage. An experienced DUI attorney
can help you prepare for this evaluation
Call me for a free consultation:
1-630-925-7188
Law Offices of Peter Buh
115 Cambell Street, Suite 208
Geneva, IL 60134
630-925-7188
Office
630-319-4945 Cell
630-829-7138 Fax
pbuhlawoffice@yahoo.com
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