Introduction
In Illinois, anyone arrested for driving under the influence of alcohol and/or drugs (DUI) 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 Secretary of State.
The Evaluation
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 and future public safety. The following areas are reviewed 1) the defendant’s driving history 2) chemical test results (blood alcohol content), 3) Objective test score and category, and 4) 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 evaluator. If not, the evaluation will have no validity and could result in the following consequences:
- Denial of driving privileges by the Office of the Secretary of State
- A request by the by Court or the Office of the Secretary of State to undergo another evaluation at the defendant’s expense.
- Delay of sentencing for the DUI or consideration for restricted or full driving privileges.
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
Recommendations
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 7 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 then 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.
If you or a loved one has been arrested or charged with Driving Under the Influence (DUI), contact The Law Office of Purav Bhatt at 773-791-9682 to discuss your matter.
