DUI INFORMATION SHEET Name: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ______________________________________________________
Phone Number:
____ No previous DUIs ____ Previous DUI ____________________________________ Employer: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________
Blood Test: _____ Refused _____ Took Charges:
Blew ________
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Appearance Date: Notes:
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John M. Delaney, Jr.
Attorney & Counselor at Law
346 West St. Louis Avenue Post Office Box 268 East Alton, Illinois 62024-0268 (618) 259-0500 Fax (618) 259-1696 E-mail: reywal@charter.net
DUI INFORMATION Here is a brief overview of what it means to be charged with a DUI. In Illinois, when one is charged with a DUI, there are two consequences. The first affects your driving privileges. The second is the misdemeanor charge of DUI, which involves monetary fines and sometimes more. As to your driving privileges, Illinois, like most states, has what is called an Implied Consent requirement. Simply stated, under Illinois Law, if you have a driving license, are driving on a public roadway in Illinois, and a law enforcement officer believes you may be intoxicated, you must take a breath test, blood test or urine test, at the law enforcement officer's request or face certain consequences. If you are a First Offender, one who has never had a conviction or supervision for DUI, you are treated differently than if you have had a prior DUI anytime in your lifetime. In all cases you are given 45 days from your arrest to challenge the loss of license, this involves the Statutory Summary Suspension. First Offender's have a shorter period of Statutory Summary Suspension (SSS), or loss of license and driving privileges. If you took a blood, breath or urine test and were over 0.08% BAC, you loose your license for 180 days. If you refused your alcohol tests then you loose your license for 360 days. Upon termination of the SSS, either 180 days or 360 days after your license is suspended, you must send a check for $250.00 to the Secretary of State, approximately 30 days prior to the expiration of your suspension, to the Secretary of State, Driver Services Department, 2701 South Dirksen Parkway, Springfield, Illinois, 62723 so that full reinstatement of your driving privileges can be expedited. As of January 2009, Judicial Driving Permits will be a thing of the past. Instead, first-time DUI offenders who lose their licenses will be eligible for “monitoring device driving permits” (MDDP), requiring them to drive vehicles equipped with breath alcohol ignition interlock devices, which will require motorists to have BAIIDs installed in their vehicle. The terms of a MDDP are far more liberal than those of the JDP, permitting driving 24/7 anywhere, for any reason, as long as the BAIID is installed and the drivers comply with all conditions for its use during the period of the MDDP. The new statute also doubles the terms of driver’s license suspension. DUI offenders will be responsible for the installation costs of their BAIIDs and, of course, will be required to pay administrative fees to the Secretary of State. If you have a prior DUI conviction or supervision, then the SSS will be for a longer period of time, and no MDDP is available.
(A) Penalties (1) A Conviction for DUI is a Class A misdemeanor; (2) A second or subsequent violation for DUI has mandatory minimum of either 5 days imprisonment OR 240 hours of community service in addition to any other criminal/administrative sanction; (3) A DUI violation with a person under 16 in the car is subject to 6 months imprisonment and a mandatory minimum fine of $1,000 AND mandatory 25 days community service in a program benefitting children; (4) A first violation for DUI where the BAC is over .16 has mandatory minimum of 100 hours community service AND minimum $500 fine in addition to any other criminal/administrative sanction; (5) A second or subsequent violation where the BAC is over .16 has mandatory minimum of 2 days imprisonment AND minimum $1,250 fine in addition to any other criminal/administrative sanction. (B) Aggravated DUI-Felony eligible IF: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Third or subsequent DUI; DUI while driving school bus; DUI with accident resulting in great bodily harm; Has prior conviction for reckless homicide due to DUI; DUI while speeding in a school zone and where an accident occurred resulting in great bodily harm; DUI with accident resulting in death; DUI while revoked/suspended for DUI or for Reckless Homicide; (not effective until Jan. 2009); DUI while knowing (or should have known) they didn’t have insurance; DUI with accident resulting in any amount of harm to passenger under 16; A second violation of DUI while having person under 16 in the vehicle;
(C) Any mandatory term of imprisonment or community service mandated under this statute shall not be suspended/reduced by the court (D) Any penalty imposed for DWS/DWR when license is suspended/revoked for DUI shall in addition to the penalties imposed under this statute (not concurrent) The DUI is generally a misdemeanor, with the maximum punishment of 364 days in jail and/or $2,500.00 in fines plus costs. Generally, for First Offenders, you will be offered Court Supervision (a deferment of judgment, like a continuance of your case), a fine, costs, and treatment. If you are not a First Offender then the State will usually seek a Conviction with Fines, Costs, Jail, occasionally Prison and the Victim Impact Panel.
What you need to do to help me defend your charges is to first, after we talk, obtain an Affected Abstract from your local Driver Services Facility by seeing a Hearing Officer. An Affected Abstract is a form that tells us what your driving record is. The Hearing Officer at the Bethalto Facility is there on Friday's only from 8:30 a.m. until 3:30 p.m., (618) 258-0600. You will need to call other facilities for their times. Next, you will need to be evaluated by a DASA (The State of Illinois Department of Alcohol and Substance Abuse) approved agency. I recommend you see one of the court approve Alcohol Evaluators, see the attached list of providers. The fee for the evaluation will be due when you go for the evaluation, and they will need copies of your arrest tickets and SSS Form, as well as a Significant Other to talk with about your life as required by DASA. Should you be ordered to obtain treatment, I have attached a copy of the courts list of approved treatment facilities. In the meantime, I have entered my appearance as your attorney, so the date on your ticket is not the same as when we will go, and the court and I will notify you of your new court date. I will also review the police reports of your arrest, and talk to you about them. We can either meet at my office or talk on the phone, and decide our course of action. At court, usually many other cases are set on the DUI DOCKET, and we will try to work out your case as best I can. You may have to wait, as generally there are dozens of cases set at the same time. I will let you know what is going on, and give you your options. If we can work it out the court will give you an order with certain requirements for you, and I'll explain those to you at court and with a reminder letter. If it cannot be settled to your satisfaction, we will discuss your options. In many cases the First Offender will receive Court Supervision for one year, a fine, costs, and a Pay or Appear Date to finish paying off the fine and costs, and you also must follow-up with the alcohol classes according to your evaluation. You should send any payment on your fine & costs by Certified Check or Money Order to the Circuit Clerk's Office, Attention DUI Division, Madison County Courthouse, Edwardsville, Illinois, 62025. Please be sure to include your case number on your payment. Should you have any questions, please feel free to call. Very truly yours,
John M. Delaney, Jr.
COURT APPROVED ALCOHOL EVALUATORS FOR THE CIRCUIT COURT OF MADISON COUNTY The following agencies have been approved by the Court to perform alcohol evaluations and report the results of the evaluation to the Court. There is a charge for the evaluations, and fees may be reduced based on a sliding scale that takes into account your ability to pay. The agencies that provide the alcohol evaluations are as follows: 1) STARTING POINT Address: 801 West Main Street, Suite 102 Collinsville, IL 62234 Phone: (618) 346-0344 Maximum Fee: $135 DUI SERVICES, LLC Address: 325 Market, Alton, IL 62002 Phone: (618) 462-2812 Maximum Fee: $95 T.A.S.C. Address: 103 Plaza Court Edwardsville, IL 62025 Phone: (618)656-7672 Maximum Fee: $135 4) Holbrook & Associates LLC Address: 156 N. Main, Suite 202, Edwardsville, IL 62025 Phone: (618) 394-5677 Maximum Fee: $100 Fairview Heights Office: 10251 Lincoln Trail, Suite 13, Fairview Heights, IL 62208 Practical Rehab Services, Ltd. Address: 3550 College Ave., Suite A, Alton, IL 62002 Phone: (618) 465-6566 Maximum Fee: $110 First Choice DUI Services Address: 219 South Illinois St. Suite C, Belleville, IL 62220 Phone: (618) 234-3910 Maximum Fee: $140 First Step DUI Evaluation & Counseling, Inc. Address: 504 O’Hara Drive, Suite 100, Troy, IL 62294 Phone: (618) 616-0437 Maximum Fee: $90
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Vanguard DUI Services Address: 116 Whitelaw Ave., Wood River, IL 62095 Phone: (618) 254-0761 Maximum Fee: $110 Suburban Clinical, Inc. Address: 88 South Main St., Glen Carbon, IL 62034 Phone: (618) 593-0330 Maximum Fee: $115
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You MUST bring the following items with you when you go to your evaluation: 1. The fee (cash or money order) OR proof of income for the past 12 months such as tax returns, pay stubs, etc. if asking for a reduced or waived fee. 2. A copy of the Law Enforcement Officer’s Sworn Report (also called Notice of Summary Suspension). This is the sheet of paper given to you by the police officer when he or she wrote the ticket stating your blood alcohol content if you took the breath test or stating you refused the test. 3. A copy of you D.U.I ticket. 4. A copy of your Alcohol Related Driving Offenses Record. This record is free and can be obtained at the Illinois Secretary of State Driver’s Testing Facility from a Secretary of State Hearing Officer. Note: Drivers with an out of state driver’s license must obtain a driving record from their state of origin. Note: If you reside outside the Madison County, Illinois vicinity, you must seek and obtain permission from the Court to obtain your Alcohol Evaluation from any other agency.
EVALUATION CLASSIFICATION LEVEL I: MINIMUL RISK No prior conviction or court ordered supervision for DUI (or DWI) and no prior statutory summary suspension and no prior reckless driving conviction reduced from DUI/DWI, documentation of a test for blood alcohol concentration and a Blood alcohol concentration of less than .15% and no other symptoms of dependence or abuse. LEVEL II: MODERATE RISK Same as Level I but blood alcohol concentration is .15% TO .19% or no test for blood alcohol concentration. LEVEL II: SIGNIFICANT RISK One prior conviction, supervision, statutory suspension and/or a blood alcohol concentration of .20% or higher and/or symptoms of abuse or dependence. LEVEL III: HIGH RISK Symptoms of substance dependence Two prior convictions of supervisions, statutory summary suspension within a 10 year period. EVALUATION RECOMMENDATIONS LEVEL I: MINIMUL RISK (10 hours) Completion of minimum of 10 hours alcohol/ drug remedial education LEVEL II: MODERATE RISK (22 hours) Completion of the 10 hour remedial education program and 12 hours of follow-up intervention. LEVEL II: SIGNIFICANT RISK (44 hours) Completion of remedial education and a minimum of 20 hours of outpatient intervention followed by an aftercare plan. LEVEL III: HIGH RISK (75 hours) Completion of intensive outpatient intervention (75 hours) followed by an aftercare plan OR Completion of residential or inpatient treatment followed by an aftercare plan An aftercare plan includes further assessment and counseling designed to identify and change the disorder causing the high risk behavior. The assessment may include referrals for psychological testing, physical exams and/or other appropriate mental health services designed to reduce or eliminate the incidence of high risk behavior.
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ALCOHOL TREATMENT PROVIDERS LIST (MADISON COUNTY AND SURROUNDING AREAS*) Services:
555 South Belt West Level I Belleville, IL (618) 257-2925 2) Bond County Mental Health (Prairie Counseling Cen) Call for information 503 South Prairie Street Greenville, IL (618) 664-1442 3) Flexcare/Alton Memorial Hospital Level II, III One Memorial Drive Alton, IL 62002 (618) 463-7512 4) Gateway Foundation Level I, II, III 600 West Lincoln 7 N. High Street (sliding scale) Caseyville, IL Belleville, IL (618) 345-3970 (618) 234-9002 5) Intensive Out-Patient Care Inc. Level I, II, III 156 North Main Street Edwardsville, IL 62025 (618) 656-7064 6) Starting Point Counseling Program Level I 801 W. Main, Suite 102 Collinsville, IL 62234 (618) 346-0344 7) Tri-County Counseling Center Level I, II, III PO Box 381 220 E. County Road Jerseyville, IL (618) 498-9587 8) DUI SERVICES 325 Market Street Level I Alton, IL (618) 462-2812 9) Holbrook & Associates LLC Level I 156 N. Main, Suite 202 10251 Lincoln Trail, Edwardsville, IL 62025 Suite 13 (618) 394-5677 Fairview Heights, IL *Note: Information on providers outside Madison County and surrounding areas can be obtained from the State’s Attorney. If you reside in another state, please discuss with the State’s Attorney when your Order is entered. You MUST choose a treatment provider other than the agency that did your alcohol evaluation.
Accurate Evaluation