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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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DUI arrest last 11/30/12. Sober since{thankfully}. Did my time

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DUI arrest last 11/30/12. Sober since{thankfully}. Did my time in jail. Paid my fines. The Iowa Department of Transportation and the courts required that i get evaluated for substance abuse. I did and was determined I need treatment. So i was told that i go to treatment or go to jail. Am in treatment now and that is not the real issue. My question is beings this is required by law, technically and legally shouldnt this be considered part of my punishment for the DUI arrest? Live in iowa and wanting to settle a difference of opinion.

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

USUALLY, when someone is convicted of a DUI, he/she is given punishment that can include jail time, fines and post-release supervision/probation, etc. During the probation period, the judge can order that the person attend treatment programs, substance abuse facilities, etc. Thus, IF this was part of your sentence, then it would be legally required of you. Also, if you failed to attend, the judge could revoke your probation and send you back to jail.

It ALL depends on what your judgment/sentence from the court was. However, it is certainly possible that all of this could be required of you as part of your sentence.

Customer: replied 3 years ago.

it says in my sentencing order from the court the defendent shall comply with all recommendations of the substance abuse evaluation ordered by the court. Is this part of the punishment? yes or no?

Yes, if it is in the sentencing order, it would be a condition of your sentence.
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