Saturday, January 29, 2011

DUI Risk Evaluations

The minimum recommendation to the Court or the Office of the Secretary of State related to each classification is as follows:

Minimal Risk

Completion of a minimum of ten hours of DUI risk education.

Moderate Risk

Completion of a minimum of ten hours of DUI risk education and a minimum of 12 hours of early intervention provided over a minimum of four weeks with no more then three hours per day in any seven consecutive days, subsequent completion of any and all necessary treatment, and, after, active on-going participation in all activities specified in the continuing care plan, if recommended, following completion of the early intervention.

Significant Risk

Completion of a minimum of ten hours of DUI risk education and a minimum of 20 hours of substance abuse treatment and after discharge, active on-going participation in all activities specified in the continuing care plan.

High Risk

Completion of a minimum of 75 hours of substance abuse treatment and, after discharge, active on-going participation in all activities specified in the continuing care plan.

In all cases, it is at the discretion of the Court to determine what type of recommendation, if any, will ultimately become a part of the sanction for the DUI offense. However, if the alcohol and drug evaluation is for the Office of the Secretary of State in relation to the return of full or limited driving privileges, the defendant will be required to complete any recommendations contained in the alcohol and drug evaluation.
The defendant has the right to refuse the completed alcohol and drug evaluation, to withdraw from the process at any time, or to seek a second opinion by obtaining another evaluation. However, any information provided may be released to the Court or the Office of the Secretary of State, upon request. If the evaluation procedure is not completed, notice will be sent to the Court or the Office of the Secretary of State. For further information, contact your Kane County DUI Attorney.

Thursday, January 20, 2011

Gilberts DUI Attorney

If you were arrested for a DUI in Gilberts, Illinois, contact Peter Buh. Mr. Buh brings over 19 years of criminal law experience to every drunk driving case he handles. He understands the severity of the criminal and administrative penalties associated with drinking and driving. Driver's license suspensions, fines, jail time, and a criminal record may have a significant impact on your life. The impact is particularly severe if you have numerous DUIs - you can face a potentially long mandatory jail term or a felony DUI charge. The attorney you retain to handle a DUI charge can affect the outcome of your criminal case.

While the State would have you believe otherwise, being charged with a DUI and being convicted of drunk driving are not the same. With an experienced drunk driving defense attorney, you may be able to avoid a DUI conviction and the strict Illinois DUI penalties.

Breathalyzer calibration: Many of the tools used by police to assess blood alcohol content (BAC) may be unreliable under certain circumstances.

DUI traffic stops: Numerous DUI stops have Fourth Amendment issues. In order to make a DUI arrest, the officer must have probable cause for the arrest. The standard field sobriety tests such as the horizontal gaze nystagmus (HGN), the walk and turn, and the one leg stand offer little proof of driving while intoxicated, since numerous people cannot pass them even when sober.

If you or a member of your family has been charged with driving under the influence (DUI) in Gilberts or the surrounding areas, please contact Peter Buh, he is your Gilbert DUI Attorney.