Only two types crimes in the state of Illinois require an evaluation before the defendant is sentenced. Those crimes are 1) felony sex offenses and 2) DUI. In the case of a DUI, the statute reads as follows:
(a) After a finding of guilt and prior to any final sentencing or an order for supervision, for an offense based upon an arrest for a violation of Section 11-501 or a similar provision of a local ordinance, individuals shall be required to undergo a professional evaluation to determine if an alcohol, drug, or intoxicating compound abuse problem exists and the extent of the problem, and undergo the imposition of treatment as appropriate.
(625 ILCS 5/11-501.01)
DUI Evaluation is a standardized test that determines 1) if the defendant has a substance abuse problem that requires treatment, and 2) the risk of the defendant re-offending.
- Level I
- Minimal Risk – 10 hours of DUI Risk Evaluation
- Level II (Moderate Risk or Significant Risk)
- Moderate Risk – 10 hours of DUI Risk Evaluation and 12 hours of early intervention
- Significant Risk – 10 hours DUI Risk Education followed by 20 hours of substance abuse treatment, plus participation in a continuing care-plan
- Level III
- High Risk Non-Dependent – 75 hours of substance abuse abuse plan and participation in a continuing care plan.
- High Risk Dependent – 75 hours of substance abuse abuse plan and participation in a continuing care plan in an in-patient facility
Additionally, DUI offenders may also, as part of their sentencing, be required to attend a Victim Impact Panel, the costs for which will be paid by the offender.
(b) Any person who is found guilty of or pleads guilty to violating Section 11-501…may be required by the Court to attend a victim impact panel offered by, or under contract with, a county State’s Attorney’s office, a probation and court services department, Mothers Against Drunk Driving, or the Alliance Against Intoxicated Motorists. All costs generated by the victim impact panel shall be paid from fees collected from the offender or as may be determined by the court.
(625 ILCS 5/11-501.01)
Why Should You Hire Bensenville DUI Lawyer?
Among other reasons detailed on this site (see How A DUI Lawyer Can Help Your Case), DUI defendants should be aware that the mandatory DUI Evaluation directly impacts your sentence if you are found guilty. An experienced DUI lawyer can give you advice on how to answer the questions found in the evaluation. If the sentencing judge reading the evaluation determines that you are being less than honest and forthcoming about your substance abuse problem, you will most likely receive a harsher sentence than an individual who expresses a genuine and sincere desire to clean up their life.
If you have been arrested for DUI in Bensenville, or have a pending DUI Evaluation in DuPage county, contact Criminal Attorney David B. Franks today.