On a third DUI can a person be sentenced to a halfway house or sober living facility?

Asked 8 months ago - Willowbrook, IL

It seems like it would be better for a person suffering from alcoholism/addiction to get treatment since the prisons have extremely long wait list for substances abuse treatment. But again the prison system is not about rehabilitation rather just punishment-

Attorney answers (3)

  1. Raymond M. Flavin III

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . It Really Depends How The First Two DUIS Were Pled. You Really Have To Have Someone Look At Your Record. As Far As Prison Goes Illinois Doesn't Really Care About Full Prisons Or Rehabilitation.

  2. Elizabeth Marie Vonau

    Contributor Level 14

    3

    Lawyers agree

    Answered . Yes it is possible. That being said, it is not easy or likely. Depending on what happened on the priors and what evidence the state has in this case anything could happen. You will certainly want to retain an aggressive attorney who regularly deals with DUI matters in you community.

    This comment is being left for informational purposes only and based solely on the information provided in the... more
  3. Steven Andrew Kozicki

    Contributor Level 11

    2

    Lawyers agree

    Answered . A halfway house is not a sentencing alternative that is in the statutes for the judge to give. Most judges will give pen time for a third one, depending upon why the third one is a felony. A third DUI can be a class 4 or a class 1. Big difference in likely sentences. That being said, there are many different things IDOC can do once the defendant is there. The most obvious is drug and alcohol treatment. The trial judge can recommend this. This also allows for application of more good time. The defendant can get into the HRDI program at Cook county jail and get credit for time served, upon recommendation if the trial judge. As you can see, it's a complicated issue, and the answers will change with new programs, space, and funding, or lack thereof.

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