Illinois DUI Evaluations

 Posted on September 17,2015 in DUI

When you have been arrested on suspicion of driving under the influence (DUI), your life is likely to change dramatically. In addition to potential criminal penalties, your ability to drive legally may be severely hampered by administrative suspensions and revocations. Prior to sentencing, in most cases, and certainly before driving relief will be considered, Illinois law requires an individual arrested for DUI to undergo an alcohol and drug evaluation.

Purpose of the Evaluation

The state of Illinois has a vested interest in maintaining public safety and identifying potential risks created by drivers with substance abuse issues. Therefore, by requiring the evaluation, the state receives an objective overview from licensed professional regarding the extent of a driver’s drug and alcohol use, and the likelihood of future occurrences of driving under the influence. The results of the evaluation may also be used to recommend intervention treatment as part of the court-ordered conditions included in the disposition of the case.

The Process

The Illinois Department of Human Services (DHS) provides statutory guidance regarding how the DUI evaluation is to be conducted. According to the law, the evaluation includes an interview with an evaluator and analysis of the individual’s driving history, drug and alcohol use history, the results of blood alcohol content (BAC) chemical testing, and any other relevant objective test results. Based on the evaluation, defendant is categorized into a particular risk level, corresponding to his or her potential threat to public safety.

Risk Levels

The risk levels into which a defendant may be classified are established by the state and include minimum recommended treatment or education requirements. Those found to present higher levels of risk are required undergo more intensive rehabilitation or remedial programs before driving relief or reinstatement of driving privileges will be considered. The risk levels are defined by the DHS and include:

• Minimal Risk: 10 hours of DUI education required;
• Moderate Risk: 10 hours of DUI education and 12 hours of early intervention required;
• Significant Risk: 10 hours of DUI education and 20 hours of substance abuse treatment required; and
• High Risk: 75 hours of substance abuse treatment required.

The results of the evaluation and corresponding risk assignment are provided to the court or the Office of the Secretary of State to be used  in making a decision on the defendant’s case.

If you have been charged with DUI, contact an experienced Rolling Meadows criminal defense attorney. We are committed to helping you protect your future and will work with you to get your life back on track after your arrest. Call 847-253-3100 to schedule your free consultation and the get the answers you need from an attorney who understands the law.

Sources:

https://www.dhs.state.il.us/page.aspx?item=44177

ftp://www.ilga.gov/JCAR/AdminCode/077/077020600E05030R.html

https://www.cyberdriveillinois.com/departments/administrative_hearings/adhearings.html