DUI Facts & Regulations
A Guide to the DUI Evaluation Process
Illinois Department of Human Services
Office of Alcoholism and Substance Abuse
Introduction
In Illinois, anyone arrested for driving under the
influence of alcohol and/or other drugs (DUI) must undergo an alcohol and drug
evaluation before a judicial driving permit (JDP) can be granted by the Court,
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 its associated risk to current or
future public safety. The following areas are reviewed: the defendant's driving
history, chemical test results (BAC), Objective Test score and category, and the
interview with an evaluator.
The focus of the interview is past and current alcohol and
drug use, specifically as it relates to driving history. Defendant responses are
checked against the driving record, the Objective Test score, the results of the
chemical testing, and possibly other corroborative sources. Inconsistencies must
be reconciled between the defendant and the evaluator. If not, the evaluation
will have no validity and could result in the following consequences:
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:
The minimum recommendation to the Court or to the Office
of the Secretary of State related to each classification is as follows:
Minimal Risk
Completion of a minimum of 10 hours of DUI risk education.
Moderate Risk
Completion of a minimum of 10 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 10 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 refuse 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.
Cost
The cost of the alcohol and drug evaluation is established
by the program. It is the responsibility of the defendant to pay for the
evaluation. However, programs must provide alcohol and drug evaluations at a
reduced fee to defendants who can prove inability to pay the full cost according
the established program standards.
Regulations
Programs that conduct DUI evaluations for the Court or the
Office of the Secretary of State are licensed and regulated by the Illinois
Department of Human Services, Office of Alcoholism and Substance Abuse.
Professional evaluators working in these programs must meet standards prescribed
by the Department and complete additional training annually. Programs are
inspected and must conform to applicable Department Rules and Regulations in
order to maintain licensure.
Complaints
The Department has statutory authority to investigate
programs that provide alcohol and drug evaluations to DUI defendants. Questions
and/or complaints regarding DUI services rendered should be directed to:
Illinois Department of Human Services
Office of Alcoholism and Substance Abuse
Division of Licensing and Monitoring
160 North LaSalle, Suite N700
Chicago, Illinois 60601
312-814-4718