What is an Illinois DUI Evaluation?

What is a DUI evaluation in Illinois?

What is an Illinois DUI Evaluation?

Illinois DUI laws requires that anyone being sentenced on an Illinois DUI must undergo a DUI evaluation. The purpose of the DUI evaluation is to determine the probability that a person will get another DUI in the future. In the DUI evaluation a determination will be made regarding the person’s dependency on alcohol or drugs. The DUI evaluation must be finished and a report created before a judge can sentence anyone on a DUI charge. A DUI evaluation is also required by the Secretary of State before giving a DUI offender a restricted drivers license or reinstating the person’s full driving privileges.

What is the Purpose of an Illinois DUI Evaluation?

During the Illinois DUI evaluation the evaluator will attempt to determine the extent of the DUI offender’s alcohol or drug use and the probability of recidivism. The evaluator will also try to determine the risks to public safety that the DUI offender poses.

What Areas are Reviewed During the Illinois DUI Evaluation?

The Illinois DUI evaluation consists of the following areas:

  1. The DUI defendant’s prior driving history
  2. The results of any chemical test or the blood alcohol level at the time of arrest
  3. The Objective Test score and category
  4. The interview with an evaluator

What Happens During the Interview Portion of the DUI Evaluation?

During a Lane, Hupp, & Crowley website interview the evaluator will ask questions related to the DUI offender’s past and current alcohol or drug use and the DUI offender’s driving background. The DUI evaluator will then take the responses given during the DUI interview and cross-check them with the Objective Test score, the results of any DUI chemical tests, and any other corroborative evidence available.

If inconsistencies exist between the responses given and the DUI offender’s background, the DUI evaluator may recommend that the DUI offender retake the Illinois DUI evaluation, which will delay sentencing and could result in your bond being revoked or you being held in contempt of court.

What Happens When the Illinois DUI Evaluation is Complete?

At the conclusion of the Illinois DUI evaluation the DUI evaluator will recommend an alcohol or drug treatment classification, which will determine the length of treatment and aftercare the DUI offender must undergo to complete his or her sentence.

The classification will be one of the following:

  1. Minimal Risk
  2. Moderate Risk
  3. Significant Risk
  4. High Risk

Conclusion

Pleading guilty or being found guilty of a DUI carries with tremendous consequences including lengthy alcohol or drug treatment. This can occur even if you do not have an alcohol or drug problem. The former DUI prosecutor at Jaleel Law P.C. has the experience to beat your DUI case. At Jaleel Law P.C. a plea of guilty is always a last resort because we do whatever we can to win your DUI case. 

Contact us today to discuss how we can help in your Illinois DUI case.

What Can I Do About My Outstanding Warrant?

outstanding warrant

What Can I Do About My Outstanding Warrant?

An outstanding warrant is issued by a trial judge only if probable cause exists for an arrest. Probable cause to arrest occurs when a defendant misses a scheduled court date. Once a judge issues an arrest warrant you can be arrested at any point. In fact, don’t be surprised if the local police come knocking on your door or coming to your job looking to arrest you based upon the outstanding warrant. At the time the judge issues the warrant the judge will also impose a a dollar amount that will serve as the bail bond.

What Should I Do If There is an Outstanding Warrant For My Arrest Because I Missed My Court Date?

If you miss a court date it is imperative that you contact your attorney immediately. An experienced criminal defense attorney can motion your case back into court to file a motion seeking to have the outstanding warrant quashed. However, it is important to remember that time is of the essence once you miss a court date because the more time passes it is more likely that a judge will seek to execute the warrant, which will result in you being taken into custody. Also, if you miss a court date you are also facing the possibility of forfeiting the bond that was posted.

If you have missed a court date or there is an outstanding warrant for your arrest, contact Jaleel Law today P.C. and speak with a former prosecutor to discuss your options.

Conclusion

An outstanding warrant is not something to take lightly. At any moment the police could come knocking on your door or come to your job and arrest you in front of your friends and family. Avoid the embarrassment, Jaleel Law P.C. has successfully gotten numerous outstanding warrants quashed for its clients without our clients ever being arrested. We know what mitigation evidence to present that will increase your chances of walking out of the courtroom with your freedom. We will file all the necessary motions to get your case back in court so we can deal with your warrant. The Jaleel Law P.C. way can avoid you from even having to turn yourself into the police.

Contact us today, you don’t have to deal with an outstanding warrant on your own.

The 4th Amendment

4th amendement definition

The 4th Amendment

The 4th Amendment to the United States Constitution and the Illinois Constitution protect individuals from unreasonable searches and seizures. Like many constitutional rights, the rights guaranteed by the 4th Amendment are personal rights, which means they cannot be vicariously asserted. In other words, an offender who is the victim of an illegal search and seizure of a 3rd premises or property has not had any of his or her 4th Amendment rights violated. As a result, the exclusionary rule does not apply to those offenders who are aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person’s premises or property.

Who Does the 4th Amendment Protect?

Fourth Amendment jurisprudence has always protected those who had “standing” to raise a 4th Amendment claim. However, modern 4th Amendment law is concerned whether the DUI offender claiming the protections of the 4th Amendment had a legitimate expectation of privacy in the place searched. The person challenging a search has the burden of establishing that he or she had a legitimate expectation of privacy in the searched property.

What Factors Does a Court Consider in Determining Whether a Person has a Legitimate Expectation of Privacy?

The question whether a defendant has a reasonable expectation of privacy in the area searched or the items seized must be resolved in view of the totality of the circumstances of the particular case. Relevant factors in determining whether a legitimate expectation of privacy exists include:

  1. The individual’s ownership or possessory interest in the property
  2. Prior use of the property
  3. Subjective expectation of privacy
  4. Ability to control or exclude others’ use of the property

What Should I do if I have been Illegally Searched?

The exclusionary rule applies to evidence that was illegally obtained. If you have been the victim of an illegal search it is imperative that you consult with an Illinois attorney who has the experience to litigate a motion to quash arrest and suppress evidence. An experienced Illinois attorney like the former DUI prosecutor at Jaleel Law P.C. will ensure that your Illinois attorney has the experience and know-how that you deserve.

Conclusion

The 4th Amendment protects you from the State violating your right to privacy and from conduction unreasonable searches and seizures. If your 4th Amendment rights have been violated it will prevent the prosecution from using the illegally obtained evidence against you.

If you have been arrested for a criminal offense or DUI, contact Jaleel Law P.C. to see if you have a valid claim that 4th Amendment rights have been violated.