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How Does an Alcohol/Drug Evaluation Affect a DUI Case?

Posted on in DUI Defense

DuPage County DUI defense lawyer alcohol/drug evaluationIf you plead guilty or are found guilty of driving under the influence (DUI) in Illinois, you are required by law to undergo a professional evaluation of your drug/alcohol use prior to your sentencing (625 ILCS 5/11-501.01). You are required to pay for this evaluation, and it costs around $225. Because the resulting report reveals a great deal of information about you, and it will be used by the judge in your sentencing, it is highly recommended that you consult a lawyer prior to your DUI evaluation. 

What to Bring to Your Alcohol/Drug Evaluation

You will need to bring the following to your DUI evaluation:

  • The police documentation from your arrest that shows your drug/alcohol test results.
  • A list of any prescription or over-the-counter medications that you currently take or were taking when you were arrested for DUI.
  • A friend or relative at least 18 years old who knows you well and is willing to answer questions about your alcohol/drug use.

What Happens at a DUI Evaluation

You can expect the DUI evaluation to take about 2.5 hours. The evaluator will ask you a number of questions in order to complete a standard form called the Alcohol/Drug Evaluation Uniform Report. The questions will cover these topics:

  • A detailed history of your alcohol and drug use. You will be asked to describe the first time you remember ever getting drunk, how often you drink, and what you drink. 
  • Specific questions about symptoms and problems you have experienced as a result of your drug/alcohol use, such as missing work or getting in fights.
  • Your medical and family history, including any history of drug/alcohol use disorders, any medications you take that could impair your driving ability, and any significant physical or mental health disorders.
  • Your driving record. Questioning will focus on drug/alcohol-related offenses, including your current DUI case.

You may also be asked to complete a 30- to 60-minute standardized test. The questions typically relate to your thoughts and opinions about drinking, the benefits you get from drinking, the consequences of drinking, and ways to deal with drinking problems. Throughout the process, the evaluator will checking for consistency between your answers and your driving and arrest records, and between your answers and the interview with your friend or relative. You are expected to be “non-evasive, consistent, and honest.”

The Outcome of a DUI Evaluation: Risk Assessment

At the end of the process, the evaluator will assess the extent of your drug/alcohol use and the degree of risk you pose to public safety. Potential assessments include:

  • Minimal Risk, or Non-Problematic Drug/Alcohol Use
  • Moderate Risk, or Problematic Drug/Alcohol Use
  • Significant Risk, or Drug/Alcohol Dependent–In Remission/Recovery
  • High Risk, or Drug/Alcohol Dependent–Active

Based on your classification, the court will sentence you to the course of education or treatment mandated by the Illinois Department of Human Services:

  • Minimal Risk: A minimum of 10 hours of DUI Risk Education, divided into at least four classroom sessions.
  • Moderate Risk: DUI Risk Education plus at least 12 hours of early intervention counseling over a period of at least four weeks, after which you may be required to complete additional treatment.
  • Significant Risk: DUI Risk Education plus a minimum of 20 hours of substance abuse treatment, after which you may be required to participate in a continuing care plan.
  • High Risk: A minimum of 75 hours of substance abuse treatment, followed by participation in a continuing care plan.

Contact a DuPage County DUI Lawyer

If you have been arrested for DUI, the state has a vested interest in taking both punitive and preventive actions--one being the DUI Evaluation--so that you do not continue to drive while intoxicated. An experienced Oak Brook DUI defense attorney can help you get the best possible outcome for your case. Call McMahon Law Offices at 630-953-4400 for a free initial consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.01

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

https://www.dupageco.org/Probation/1202/

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