DUI Evaluations

 

In Illinois, anyone arrested for driving under the influence of alcohol or other drugs must undergo an alcohol and drug evaluation before sentencing can occur for the DUI offense or restricted or full driving privileges can be granted by the Office of the Secretary of State.

The purpose of the evaluation is to determine the extent of the defendant's alcohol and/or drug use and include a 1 to 2 hours interview process which involves gathering information about family history, educational and employment history, emotional history, substance abuse history, and administering clinical questionnaires such as the Mortimer-Filkins Test and/or ASUDS-RI.

When the evaluation is completed, a classification and a recommendation will be determined by the evaluator and recorded on the Alcohol and Drug Uniform Report form for the Court or the Office of the Secretary of State. This form will then be sent to the Court or given to the defendant to take to the Office of the Secretary of State for the driver's license hearing.

The classification will be one of the following:

·    Minimal Risk
·    Moderate Risk
·    Significant Risk
·    High Risk

The minimum recommendation to the Court or the Office of the Secretary of State related to each classification is as follows:

Minimal Risk

Completion of a minimum of ten hours of DUI Risk Education.

Moderate Risk

Completion of a minimum of ten hours of DUI Risk Education and a minimum of 12 hours of Early Intervention provided over a minimum of four weeks with no more than three hours per day in any seven consecutive days, subsequent completion of any and all necessary treatment, and, after discharge, active ongoing participation in all activities specified in the continuing care plan, if so recommended, following completion of the Early Intervention.

Significant Risk

Completion of a minimum of ten hours of DUI Risk Education and a minimum of 20 hours of substance abuse treatment and, after discharge, active ongoing participation in all activities specified in the continuing care plan.

High Risk

Completion of a minimum of 75 hours of substance abuse treatment and, after discharge, active ongoing participation in all activities specified in the continuing care plan.

In all cases, it is at the discretion of the Court to determine what type of recommendation, if any, will ultimately become a part of the sanction for the DUI offense. However, if the alcohol and drug evaluation is for the Office of the Secretary of State in relation to the return of full or limited driving privileges, the defendant will be required to complete any recommendations contained in the alcohol and drug evaluation.

The defendant has the right to reject the completed alcohol and drug evaluation, to withdraw from the process at any time, or to seek a second opinion by obtaining another evaluation. However, any information provided may be released to the Court or the Office of the Secretary of State, upon request. If the evaluation procedure is not completed, notice will be sent to the Court or the Office of the Secretary of State.

  • w-facebook
  • Twitter Clean
  • Google+ Clean

© 2023 by ​BUSINESS​ CONSULTING.  Proudly created with Wix.com