I know this is long, but Please, PLEASE READ. Our family needs some legal advice on what we can do when one family member becomes an alcoholic (state of IL). A little bit of background….
We have a family member who recently received his 3rd DUI. His court date is coming up soon and everyone is at a loss as to what to do. Given that courts are getting involved, can family members (his spouse) go to the courts and ask for some kind of court ordered intervention or rehab program? He drinks around the clock, drinking booze straight from the bottle like it's water regardless if it's the crack of dawn or not. Not just one sip (shot), but chug chug chug like it's literally water. He lays passed out on the recliner, sometimes for as long as a week straight, in a drunken coma… doesn't even shower or change clothes. This is an EXTREME case of alcoholism. He's a danger to himself, and unless his wife takes the car keys away, he continues to drive out to get more booze. When he couldn't drive, he walked, and cops brought him home because he was stumbling so much. He works construction (seasonal), and when they've called with an assignment for him, he's too unconscious to even answer the phone, so he hasn't even been working. Without exaggeration, he will lay in a drunken stupor for a full week at a time, not even realizing what day it is.
His wife doesn't want to call the cops on him when he goes out driving, because of course she's going to be the one paying court fees or bailing him out of jail. But since a DUI was just a matter of time, and since a court date is coming up, if his wife & kids go to court and present the severity of this case to the judge, would that do any good? Could they petition for a court ordered rehab program, especially since this isn't his first DUI?
I realize you can't help someone who doesn't WANT to be helped, or someone that won't admit they have a problem in the first place. However, I know that his wife has asked him to get clean or leave, and his response was that it was as much his house as hers. I truly believe she doesn't necessarily want out, and she'd rather he gets clean. She also has her mother that she takes after, who also lives with them. It would be difficult for her to pack up, take her mother and the pets and find somewhere else to live. The mortgage wouldn't get paid, as he probably doesn't know HOW to pay the bills, and her credit would get ruined, house repossessed, etc…
What legal options are there, given that this is his 3rd DUI, to "force" him to get clean? His previous 2 DUI's were 10-15 years ago (also in IL). If he refuses to get clean, would his wife be able to order him out of the house if she files for divorce? Does this qualify as any type of emotional abuse for her, that would allow her to get a restraining order, especially since she is also caring for an elderly in that same household? Or would she have to be the one to pack up and leave and risk losing the house and many of the assets? What other alternatives are there? And has anyone ever heard of similar cases, such as this? If we were to consult any attorneys at this point, what type of attorney would have knowledge in this area? Any info would be greatly appreciated! The whole family is at a loss, and noone knows what to do anymore.
We have a family member who recently received his 3rd DUI. His court date is coming up soon and everyone is at a loss as to what to do. Given that courts are getting involved, can family members (his spouse) go to the courts and ask for some kind of court ordered intervention or rehab program? He drinks around the clock, drinking booze straight from the bottle like it's water regardless if it's the crack of dawn or not. Not just one sip (shot), but chug chug chug like it's literally water. He lays passed out on the recliner, sometimes for as long as a week straight, in a drunken coma… doesn't even shower or change clothes. This is an EXTREME case of alcoholism. He's a danger to himself, and unless his wife takes the car keys away, he continues to drive out to get more booze. When he couldn't drive, he walked, and cops brought him home because he was stumbling so much. He works construction (seasonal), and when they've called with an assignment for him, he's too unconscious to even answer the phone, so he hasn't even been working. Without exaggeration, he will lay in a drunken stupor for a full week at a time, not even realizing what day it is.
His wife doesn't want to call the cops on him when he goes out driving, because of course she's going to be the one paying court fees or bailing him out of jail. But since a DUI was just a matter of time, and since a court date is coming up, if his wife & kids go to court and present the severity of this case to the judge, would that do any good? Could they petition for a court ordered rehab program, especially since this isn't his first DUI?
I realize you can't help someone who doesn't WANT to be helped, or someone that won't admit they have a problem in the first place. However, I know that his wife has asked him to get clean or leave, and his response was that it was as much his house as hers. I truly believe she doesn't necessarily want out, and she'd rather he gets clean. She also has her mother that she takes after, who also lives with them. It would be difficult for her to pack up, take her mother and the pets and find somewhere else to live. The mortgage wouldn't get paid, as he probably doesn't know HOW to pay the bills, and her credit would get ruined, house repossessed, etc…
What legal options are there, given that this is his 3rd DUI, to "force" him to get clean? His previous 2 DUI's were 10-15 years ago (also in IL). If he refuses to get clean, would his wife be able to order him out of the house if she files for divorce? Does this qualify as any type of emotional abuse for her, that would allow her to get a restraining order, especially since she is also caring for an elderly in that same household? Or would she have to be the one to pack up and leave and risk losing the house and many of the assets? What other alternatives are there? And has anyone ever heard of similar cases, such as this? If we were to consult any attorneys at this point, what type of attorney would have knowledge in this area? Any info would be greatly appreciated! The whole family is at a loss, and noone knows what to do anymore.
