The Law Office of Brian J. Mirandola


47 DuPage Court, Elgin, IL 60120

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Posted on in DUI

evaluation, DUI, Elgin DUI Defense AttorneyWhen you have been convicted of driving under the influence, restoring your life and driving privileges can be a challenging process. As with many legal proceedings, the specifics of your case have a direct impact on the difficulties you will need to overcome. In fact, the state of Illinois has built into its laws a mechanism for taking such circumstances into account: prior to final sentencing, an individual convicted of DUI must submit to an evaluation to determine his or her level of addiction and likelihood of becoming a repeat offender.

As required by Illinois law, final sentencing in a DUI case will not take place until the convicted driver undergoes an approved alcohol and drug evaluation. In addition to a face-to-face interview with a qualified evaluator, the process also requires the review of the defendant’s driving history, results of any blood-alcohol content (BAC) chemical tests, and other relevant documentation. The interview will attempt to establish if a pattern of dependency or substance abuse is apparent, and the defendant’s responses will be compared against the provided documents.

At the completion of a valid evaluation, the convicted driver will be classified into an appropriate public safety risk level. Each risk classification carries a minimum recommendation of drug or alcohol treatment for the driver, which the court and the Office of the Secretary of State may use to determine the level of driving relief eligibility and sentences to be imposed:

  • Minimal risk: DUI Risk Education of at least ten hours;
  • Moderate risk: DUI Risk Education and 12 hours or early intervention over at least four weeks;
  • Significant risk: DUI Risk Education and 20 hours of substance abuse treatment and continuing care;
  • High risk: 75 hours of substance abuse treatment and active participation in continuing care.

The cost of the evaluation is expected to be covered by the defendant. An inability to pay, however, will not prevent a defendant from receiving the required evaluation.

If you have been charged with DUI, do not delay. Contact an experienced IllinoisDUI defense attorney today to make sure that your rights are fully protected throughout the process. Call 847-488-0899 to schedule your free initial consultation and get the qualified representation you deserve.

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Posted on in DUI

implied consent, DUI, BAC testing, Illinois criminal defense attorneyAs a licensed driver in Illinois, you have been granted certain privileges related to the operation of a motor vehicle on roadways within in the state. In exchange for such privileges, you are expected to assume certain responsibilities under law regarding safe and proper driving practices. The state of Illinois also maintains "implied consent" laws to which, by operating a vehicle in accordance with the terms of their licenses, all drivers are subject. One of the more common applications of implied consent relates to blood-alcohol content (BAC) tests when a driver is suspected of driving under the influence (DUI).

Like the implied consent laws in most states, the statutes in Illinois require you to submit to a breath, urine, or blood test if you have been arrested on suspicion of DUI. With probable cause for such an arrest, the law enforcement officer must arrange that the test be conducted as soon as possible for the sake of accuracy. There is no right granted for you to contact an attorney prior to the test and the officer selects the type of test most appropriate for the situation.

In addition, the laws in Illinois provide your implied consent to a breath test, often referred to as a breathalyzer, without the necessity of an arrest. Tests like these are often used as a form of field sobriety tests to determine probable cause that may lead to an arrest for DUI. While you may be inclined to refuse a preliminary test, other circumstantial evidence may provide enough probable cause for your arrest anyway.

A refusal to submit to BAC testing can be extremely serious, especially after a DUI arrest. In fact, prosecutors may even use your refusal as grounds to show that you knew you were driving under the influence. Also, refusing to take a BAC test carries penalties in addition to those prescribed for a DUI conviction. A first-offense refusal results in one-year license suspension, with increased consequences for subsequent offenses.

Refusing a breathalyzer or other BAC test can present significant obstacles to your defense in light of the state’s implied consent laws. However, with the assistance of a qualified lawyer, the impact to your future may be minimized. Contact an experienced DUI defense attorney in Elgin today for a free consultation. Our team will investigate your case and work with you to provide the legal representation you deserve.

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