DUI Alcohol & Drug Evaluations

In order to resolve a DUI matter, Illinois law requires that individuals charged with the offense of Driving Under the Influence have an alcohol or drug evaluation completed by an agency licensed by the Illinois Department of Human Services, Division of Alcoholism and Substance Abuse (DASA) and meeting the requirements of the Secretary of State and DASA.

Evaluation Classifications and Requirements For Each Classification

Effective November 1, 1992, DASA adopted new rules that created a new classification system for DUI offenders and minimum requirements to be fulfilled for each classification level. These classifications and treatment requirements, as subsequently amended, have been adopted by the Secretary of State. 92 Ill. Administrative Code, ch. II, sec. 1001.440. The classifications and the recommendations applicable to each classification as currently in effect under the Secretary of State regulations are as follows:

Level I – Minimal Risk

Persons classified at this level must have:

1. No proper conviction or court-ordered supervision for DUI and no prior statutory summary suspension and no prior reckless driving conviction reduced from DUI;

2. A blood-alcohol concentration (BAC) of less than .15 as a result of the arrest for DUI; and

3. No other symptoms of substance abuse or dependence.

Level II – Moderate or Significant Risk

1. Moderate Risk

Persons classified at this level must have:

a. No prior conviction or court-ordered supervision for DUI and no prior statutory summary suspension and no prior reckless driving conviction reduced from DUI;

b. A BAC of .15 to .19 or a refusal of chemical testing as a result of the arrest for DUI; and

c. No other symptoms of substance abuse or dependence.

2. Significant Risk

Persons classified at this level must have:

a. No prior conviction or court-ordered supervision for DUI or one prior statutory summary suspension or one prior reckless driving conviction reduced from DUI; and/or

b. A BAC of .20 or higher as a result of the most current arrest for DUI and/or

c. Other symptoms of substance abuse.

Level III – High Risk

Persons classified at this level must have:

1. Symptoms of substance dependence; and/or

2. Two prior convictions or court-ordered supervisions for DUI or two prior statutory summary suspensions or two prior reckless driving convictions reduced from DUI within a ten-year period from the date of the most current (third) arrest.

Classification Aftercare Recommendations

Level I – Minimal Risk

Completion of a minimum of ten hours of alcohol and drug risk education.

Level II – Moderate Risk

Completion of a minimum of ten hours of alcohol and drug risk education and a twelve hour early intervention program.

Level II – Significant Risk

Completion of a minimum of ten hours of alcohol and drug risk education and an outpatient treatment program (minimum twenty hours) followed by an aftercare plan.

Level III – High Risk

For persons with identified symptoms of dependence:

1. Completion of an intensive outpatient or outpatient substance abuse treatment program (minimum of 75 hours) followed by an aftercare plan, or

2. Completion of a residential or inpatient substance abuse treatment program followed by an aftercare plan.

For persons without identified symptoms of dependence:

3. Completion of any outpatient treatment program (minimum of 75 hours) followed by an aftercare plan.

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