What You Need to Know About DUI Evaluations and Sentencing
After a DUI conviction, you have to go through a formal DUI evaluation called the Alcohol and Drug Uniform Report. The purpose of this assessment is to look at your past behavior with drugs and alcohol and measure the possibility you’ll drive impaired again.
Illinois law requires a DUI evaluation if you’re hoping to win supervision, and the judge has to review the report before handing down a sentence. The only way to avoid this process is to beat the DUI charges.
Your best chance of getting the charges dropped or winning an acquittal is with the help of a DUI defense legal practitioner. Call The Jordan Law Firm at 312-380-9, or use the online form to book a free consultation. Based in Waukegan, IL, Anisa Jordan defends individuals in Cook, Lake, McHenry, Kane, and DuPage Counties.
When Do I Have to Go Through a DUI Evaluation?
After a conviction, a judge will order you to go through the evaluation process before sentencing you for a DUI. Illinois law requires it. The Illinois Secretary of State (SOS) requires you to go through the evaluation process before getting a restricted driver’s license or regaining your full driving privileges. DUI evaluations are usually related to DUI charges, but not always.
You have to pay for the DUI evaluation. If you can’t afford it, Illinois requires each evaluation provider to offer it at a reduced rate.
Who Performs DUI Evaluations?
The Division of Alcoholism and Substance Abuse of the Illinois Department of Human Resources licenses DUI evaluation programs and DUI evaluators. You, your lawyer, the prosecutor, and the judge know your DUI evaluator. But their name and recommendation are sealed in the court records, which means they aren’t public knowledge.
Cook County and its collar counties have their own rules and procedures for DUI evaluations. The evaluation is standardized for all of Illinois, but your process varies a little depending on the county. Some county courts require you to go through a DUI evaluation with a specific organization.
The DUI Evaluation Process
During your assessment, the DUI evaluator reviews your:
- Driving history,
- Chemical test results,
- Objective Test score and category, and
- Interview answers.
You have to participate in a face-to-face interview with the evaluator. They’ll ask you about your current and past alcohol and drug use. They’ll ask you about past DUI arrests or convictions if there are any on your record. You don’t have to answer questions about any current DUI or criminal charges. But refusing to answer questions means the evaluator might consider the review incomplete.
The evaluator will compare your answers to your driving history and chemical test results. It’s important that you tell the truth. The evaluator will note if you refuse to answer, lie, or provide inconsistent answers.
The evaluator assigns you a risk level and records their recommendation on the Alcohol and Drug Uniform Report form for the court or the SOS.
The DUI Evaluator Assigns You a Risk Level
The evaluator assigns you a level of minimal, moderate, significant, or high risk, which indicates the likelihood that you’ll drive drunk or while on drugs again. Your risk level determines the type and length of treatment the judge orders.
The judge has some discretion in sentencing you, but they can’t go below the minimum consequences required by law.
This level indicates you don’t have any previous DUI cases, had a BAC less than 0.15, and have no symptoms of alcohol or drug abuse or dependence. A judge may require you to complete at least 10 hours of DUI risk education.
A moderate risk level shows you have no previous DUI cases, had a high BAC in your current case, but have no other signs of substance abuse or dependence. A judge may require you to complete at least 10 hours of DUI risk education and 12 hours of early intervention over four weeks. The judge also may assign you to complete any necessary treatment and participate in a continuing care plan.
This risk level shows you have a previous DUI or similar conviction on your record, a BAC of .20 or higher in the current case, and other symptoms of substance abuse. A judge may require you to complete at least 10 hours of DUI risk education, go through at least 20 hours of alcohol or drug treatment, and participate in a continuing care plan.
You’re considered high risk if you have symptoms of substance dependence regardless of your driving record or have two prior DUI convictions within the previous 10 years. A judge may require you to complete at least 75 hours of alcohol or drug treatment and participate in a continuing care plan. You may be required to admit yourself to an in-patient treatment facility.
Other Possible Outcomes After a DUI Evaluation
If you don’t cooperate with the assessment, you may face:
- An additional evaluation process at your expense;
- Delayed sentencing in your DUI case;
- Restricted driving privileges; or
- Loss of driving privileges.
Also, remember that these consequences are in addition to other penalties, such as jail time, probation, fines, court fees, a driver’s license suspension, and an installation of an ignition interlock device.
Your Rights During a DUI Evaluation
At any time during the evaluation process, you have the right to:
- Withdraw from the process;
- Seek a second opinion through another evaluation; or
- Reject the completed evaluation.
Whether any of these options is a good idea depends on your case. It’s best to consult a DUI defense legal practitioner about your options. You may benefit from a new evaluation with a different professional.
Call a Waukegan DUI Legal Team Today
Anisa Jordan, the founder of The Jordan Law Firm, is ready to defend you against DUI charges in Waukegan and throughout the Chicago area. She fights to get you the best possible results, whether that’s dropped charges, an acquittal, or a lenient sentence.
Contact us online or call 312-380-9221 to schedule a free consultation.