If you are facing a DUI or DUID case, don't wait to contact an experienced DuPage County criminal defense attorney. For a free legal consultation, contact our office to discuss your DuPage County DUI case at (312) 466-9466.
A DUI sentence in DuPage County can have a range of consequences.
In many cases, especially for second- or third-time offenders, the court will ask the defendant to complete some form of substance abuse treatment.
The extent of that treatment is determined by the results of a DUI evaluation, taken by the defendant after the conviction. For more information about DUI evaluation procedure in DuPage County, please visit our DuPage County DUI Evaluation and Treatment Centers page.
In this article, we will detail the possible types of treatment you may be required to complete if you are convicted of DUI in DuPage County.
Illinois classifies DUI counseling requirements into four groups: Minimal Risk, Moderate Risk, Significant Risk, and High Risk. Each of these classifications is associated with a corresponding rigor of treatment or counseling that a defendant will be required to complete.
These classifications are determined by the Illinois Department of Human Services Division of Alcoholism and Substance Abuse (DASA). It should be noted that these guidelines could be increased by a judge or jury if there are additional aggravating circumstances.
The minimal risk curriculum is targeted toward first-time offenders with little to no dependence on alcohol. An assessment of Minimal Risk usually requires a minimum of 10 hours of Alcohol Risk Education.
DuPage County sets specific requirements for alcohol risk education programs. If you have been asked by the court to enroll in this program, you can expect to learn about the physiological and pharmacological effects of alcohol, the effect of alcohol on driving, and the relationship between blood alcohol level (BAC) and driving performance.
In addition, DuPage County requires the minimal risk program services to include curriculum on substance abuse treatment and how addiction can affect families, friends, and loved ones.
In terms of commitment, a minimal risk education program is a total of at least 10 hours and is divided into four or more sessions, with no session ever lasting more than three hours.
At the end of the session, all members of the class will be asked to take a post-test. Participants must score at least 75% on this exam in order to pass the program.
Failure to attend will be reported to the Department of Probation and Court Services.
The classification of Moderate Risk is slightly more severe than minimal risk and indicates a potential drug or alcohol issue.
Defendants assigned to a moderate risk program must complete alcohol risk education, based on the requirements enumerated above in the minimal risk section.
In addition, a moderate risk defendant will receive at least twelve hours of early intervention treatment. Early intervention treatment can include individual or group counseling and attempts to stop the development of dependence or addiction in its tracks.
This treatment happens over the course of four weeks, but lasting no more than three hours in any given day. If a defendant's sentence includes it, he or she may also be required to attend activities after that four weeks concludes based on their individualized continued care plan.
The treatment and counseling sessions are always tailored to meet the participant's specific needs, based on the nature of his or her use or abuse of alcohol.
The Significant Risk program has several components. Firstly, it includes the 10-hour long Risk Education program that is prescribed to minimal risk clients.
On top of that, a defendant must participate in at least 20 hours of outpatient counseling. This may be in an individual, family, or group setting. This requirement is usually divided into seven sessions, with one session lasting no more than three hours.
For six months after the completion of risk education and counseling, the defendant must also complete six additional months of treatment. However, the court mandates only two hours per month of individual or group therapy. Upon the successful completion of these requirements, the defendant qualifies for discharge.
The treatment provider may also provide a written aftercare program, advising the client how to access continued assistance and activities, including self-help and group involvement if necessary.
High Risk is the most severe classification a defendant can receive. Usually, this designation is reserved for second- or third-time DUI offenders where alcohol or substance abuse addiction is involved.
High risk program services include at least 75 hours of intensive substance abuse services. These services may be either outpatient or, in more extreme cases, inpatient.
These programs are relatively intense and require at least nine hours per week for outpatient and a minimum of 25 hours per week for inpatient.
In some cases, psychological testing or physical examinations may be part of the program, especially in situations where alcohol dependence is not strong. In this case, the program will seek to identify the conditions giving rise to repeated high risk behavior, and appropriate mental health services may be administered to reduce or eliminate that high risk behavior.
The high risk program doesn't end after the completion of intensive outpatient or inpatient treatment. For at least a year after discharge, a defendant must keep up with an aftercare program, which requires two hours of counseling each month.
Counseling must be done at a pre-approved provider. In DuPage County, there is an office designated for helping defendants comply with the conditions of their DUI or DUID sentence. The DUI Court Sentence Monitoring Unit ensures that defendants complete their sentence and provides defendant compliance reports to the Court.
A complete list of accepted treatment providers can be found on the County of DuPage website. The cities of Addison, Aurora, Bensenville, Bloomingdale, Carol Stream, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Lisle, Lombard, Naperville, Oakbrook, Roselle, West Chicago, Wheaton, Winfield, Woodridge all are home to at least one treatment center. The DuPage DUI Court Sentence Monitoring Unit will help you enroll and attend a program that is most convenient for you.
In addition, some of these centers offer services in language other than English, including Spanish, Polish, Russian, and American Sign Language. If you or a loved one have been mandated by the court to attend drug counseling and would prefer to do so in your native language, this could be an option for you.
DUI convictions are disproportionately common in DuPage County in comparison to other Illinois counties. These classification requirements can give you some idea what to expect, but ultimately, it is up to the Court to decide just which programs a defendant must go through.
A defendant only has to go through the DUI evaluation process if they have plead guilty or have been convicted. If you would like to contest your DUI charge, we can help you. Give our offices at a call at (312) 466-9466 to schedule a free legal consultation.