Alcohol & Drugs: MIP, MIC, Intoxication Legal advice for dealing with ALCHOLIC FAMILY MEMBER?

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At_A_Loss

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Need some legal advice on what can be done by family members 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. He's a danger to himself, and unless his wife takes the car keys he continues to drive out to get more booze. He works construction, 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.

His wife doesn't want to call the cops on him when he goes out to drive, because of course she's going to be the one paying court fees or bailing him out of jail. But like I said, 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?

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 she 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 the wife 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. If he refuses to get clean, would his wife be able to order him out of the house if she files for divorce? 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? Any info would be greatly appreciated! The whole family is at a loss, and noone knows what to do anymore.

Also, if we were to consult any attorneys at this point, what type of attorney would have knowledge in this area? If anyone has contacts in the N/W Chicago suburbs, that would be appreciated as well. Or is there another forum category where you think I might be able to get further advice? Family law? What sub-category would apply to alchol issues?
 
Wow

I am complete speachless...are you sure you don't live in Florida and I am not relateed to you? As I was reading your story my heart literally stopped. I thought you were talking about my dad.

My family is going through the same exact situation word for word except we live in Florida. My mom has even been caring for my grandmother for the past 6 months. The only way we got my dad to stop drinking and driving was by hiding his car. We only use one car now so he has no option unless he takes a cab. My dad goes to "work" but he basically sits around, sorting through mail, waiting for some cabby friend to bring him his daily alcohol.

We have done everything we can, including 5 rehab stints, taking him to the hospital to go through detox (which they say they can't do unless he wants it, which he doesn't), and marchman acting him.

It has now gotten to the point where he has hired his own attorney...wasteing my parent's money. I actually came onto this site seeking legal action to see if there is a way my mom can protect the money and not allow some alcoholic to drain our account.

My heart goes out to your family. I don't mean this the wrong way, but it's comforting to know someone else is going through the exact situation we are. The only advice anyone gives us is "you can't save someone who doesn't want to me saved." I understand that but how the hell do you keep them from taking us down with them. Divorce is not an option in my family either.
 
in Illinois, it's hard to know since the previous convictions were so long ago. Do you know if he is being charged with a felony?

Once on probation, banned from drinking, you'll have a lot more power. If he's passed out, you can call an ambulance if you can't wake him up. . . then alert his probation officer.

Odds are, he is going to have to do some kind of random breath tests. How often depends on the judge, and, again, if they take into account the previous 2 convictions.
 
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