Court Evaluations for Illinois DUI Sentencing

In Illinois, a drug/alcohol evaluation plays a critical role in the sentencing phase of a DUI conviction. Required by statute under 730 ILCS 5/5-4-1, this evaluation is used to assess whether an alcohol or other drug abuse problem contributed to the offense and whether further intervention is necessary.

Before the court can impose a sentence for a DUI-related offense, a formal evaluation must be conducted by a program licensed by the Illinois Department of Human Services. This requirement applies to all DUI convictions in Illinois courts, with some exceptions for non-residents.

An evaluation is a structured assessment that informs the judge, probation department, and prosecuting agencies about the underlying issues contributing to the offense. The results may influence the sentencing outcome and conditions. Courts generally require not only the completion of the evaluation but also compliance with any recommended educational or treatment program based on the individual’s risk classification.

Legal Basis for DUI Evaluations

Under Illinois law, when an individual is convicted of a DUI, the defendant must obtain a comprehensive evaluation from a licensed provider. This requirement stems from the state’s interest in public safety and rehabilitation. The evaluation is used for the following purposes:

• Identify the existence and severity of a substance use problem
• Determine whether the individual poses a future risk to public safety
• Recommend an appropriate level of intervention

If the defendant resides outside Illinois, the court may accept an evaluation from an agency licensed in the individual’s home state. However, courts retain discretion in approving such out-of-state evaluations.

Key Components of a DUI Evaluation

A DUI evaluation in Illinois is a standardized process that collects and analyzes a wide range of personal, legal, and clinical information. The goal is to develop a complete profile of the individual’s substance use and its relation to driving behavior. A typical evaluation includes the following elements:

Substance Use History

Evaluators collect a detailed history of alcohol and drug use, including frequency, duration, and patterns of consumption. This history includes not only any recent use, but also lifetime patterns. During a drug/alcohol evaluation, particular attention is given to the circumstances surrounding any DUI arrests and the presence of any binge-drinking or substance abuse patterns.

Past Treatment and Medications

Evaluators explore prior attempts at treatment, including inpatient, outpatient, and self-help program participation. Any prescribed medications are reviewed, especially those that may affect mental state, alertness, or coordination. Medical conditions that may impair safe driving are also considered.

Behavioral Observation

The evaluator assesses credibility and honesty during the interview, as well as any signs of current intoxication or emotional distress. Behavioral indicators may suggest whether the individual is in denial or accepts responsibility, as well as if they are genuinely motivated to change.

DSM-V Symptom Review

The Diagnostic and Statistical Manual of Mental Disorders (DSM-V) criteria are applied to screen for the presence and severity of a substance use disorder. Evaluators identify any diagnostic symptoms and determine whether the individual meets the threshold for a mild, moderate, or severe disorder. If no disorder is diagnosed, a minimum or moderate intervention may be deemed appropriate, depending on the surrounding circumstances.

Driving and Legal History

The individual’s complete driving abstract is reviewed, including DUI arrests, prior suspensions, and license revocations. The evaluator also considers sworn police reports, BAC or chemical test results, and any pending or prior criminal offenses.

Objective Testing

Standardized assessment tools, such as the Driver Risk Inventory (DRI), may be used to support the evaluator’s findings. These tools provide structured data that help ensure consistency across evaluations.

The Significance of a DUI Risk Classification

At the conclusion of a DUI evaluation, a risk classification is determined. The risk classification identifies the minimum level of intervention required for rehabilitation. The risk classifications are as follows:

1. Minimal Risk
   • No prior DUI/BUI/SUI offenses, summary suspensions, or reckless driving reduced from DUI
   • BAC less than 0.15 at the time of the arrest
   • No pattern of impaired driving
   • No symptoms of substance use disorder

• Moderate Risk
  • No prior offenses (same as minimal)
  • BAC between 0.15 and 0.19 or refusal to take a test
  • At most one symptom of a substance use disorder

• Significant Risk
  • One prior offense or summary suspension or reckless driving reduced from DUI
  • BAC of 0.20 or higher
  • Two to three symptoms of a substance use disorder

• High Risk (Non-Dependent or Dependent)
  • Three or more prior offenses, summary suspensions, or relevant reckless driving incidents from separate events; or
  • Four or more symptoms of a substance use disorder.

Completion of the Recommended Intervention

Once a risk classification is assigned, a DUI offender will be directed to complete the corresponding intervention. Generally, the intervention required for each risk classification is as follows:

1. Minimal Risk
   • 10 hours of DUI Risk Education

• Moderate Risk
  • 10 hours of DUI Risk Education
  • 12 hours of Early Intervention

• Significant Risk
  • 10 hours of DUI Risk Education
  • 20 hours of substance use disorder treatment
  • A waiver may be granted for treatment and/or continuing care, if warranted

• High Risk (Dependent or Non-Dependent)
  • 75 hours of substance use disorder treatment
  • A waiver may be granted for treatment and/or continuing care, if warranted

An Overview of DUI Risk Education

DUI risk education is an educational program designed to raise awareness about the dangers of impaired driving and to help individuals understand the impact of alcohol and drugs on driving skills. The goal of DUI risk education is not only to educate offenders, but also to encourage them to engage in the rehabilitation process. Some key features of DUI Risk Education are as follows:

• Duration: DUI risk education programs typically consist of at least ten (10) hours of instruction, which is divided into multiple sessions. The program can be offered in-person or online, and it is often required for individuals classified as minimal or moderate risk.

• Curriculum: The curriculum includes information on the physiological and pharmacological effects of alcohol and drugs on driving, the social and legal consequences of impaired driving, and the impact of substance use on individuals and families. The program may also include details about Illinois impaired driving laws and penalties.

• Instructional Delivery: DUI risk education can be delivered through a combination of lectures, videos, group discussions, and other interactive methods. For online programs, periodic quizzes or questions are often included to ensure that participants are actively engaged in the learning process.

• Certification: Upon successful completion of the program, participants will receive a Certificate of Completion. This certificate is a crucial piece of evidence in the driver’s license reinstatement process, as it demonstrates that the individual has completed the required educational program.

The Early Intervention Program

Early intervention is designed for individuals who may not yet be classified as having a substance use disorder but show signs of problematic behavior. Early intervention programs help individuals address their substance use patterns before they become more severe. An early intervention program may involve the following:

• Counseling and Education: Early intervention programs provide individuals with counseling and educational sessions that focus on identifying and addressing risky behaviors. This can include learning about the potential consequences of substance use, as well as strategies for reducing or eliminating harmful behaviors.

• Assessment: Individuals undergoing early intervention are typically reassessed over time to ensure that their substance use is not escalating. If the intervention is successful, further treatment may not be necessary.

• Goal: The goal of early intervention is to prevent the development of a substance use disorder by providing education and support early in the process. Individuals in the moderate risk category are often referred to an early intervention program.

Substance Use Disorder Treatment

For individuals classified as significant or high risk, substance use disorder treatment is a component of the intervention for their risk classification. Generally, treatment is provided by Illinois-licensed providers who are trained to help individuals address substance use issues through a variety of therapeutic approaches. Substance use disorder treatment may include the following:

• Counseling: This may include individual counseling, group therapy, or a combination of both. Counseling helps individuals understand the root causes of their substance use, develop coping skills, and make positive changes to their behavior.

• Group Therapy: Group therapy sessions allow individuals to interact with others facing similar challenges. This setting fosters a sense of community and provides additional emotional support.

• Ongoing Recovery Support: Treatment often includes referrals to self-help groups like Alcoholics Anonymous or Narcotics Anonymous, as well as continuing care recommendations to help the individual to remain invested in their recovery.

Court-Ordered Evaluation Providers by County

In Illinois, different counties have specific rules regarding who may complete a DUI evaluation for court purposes. In many cases, courts require the initial evaluation to be conducted by a designated provider or through a county program. The following is a general list for county requirements for court evaluations, education, and/or treatment:

​Dupage County.  

​Evaluations for pending DUI cases in Dupage County must be completed by Dupage County’s DUI Evaluation Unit. To initiate a DUI evaluation in Dupage County for sentencing, please visit Dupage County DUI Evaluations.

After an evaluation is conducted, Dupage County has many approved providers for DUI Risk Education and other DUI interventions, including court-ordered outpatient treatment for a Dupage DUI case.

Cook County. 

​Evaluations for pending DUI cases in Cook County must be completed through the Social Services DUI Program in the Cook County court.

​Once an evaluation is obtained by Social Services, an individual may choose any approved provider on the Cook County list for DUI Risk Education and other DUI interventions. 

Will County

Will County maintains an approved provider list for court-ordered evaluations, DUI Risk Education, and court-ordered outpatient treatment.

Kendall and Dekalb Counties.

An evaluation may be obtained through any Illinois-licensed provider. To find a directory of licensed drug/alcohol counselors, an individual can contact the Illinois Department of Public Health.

Recommended Provider for Risk Education and Treatment

Wirth Law recommends Cloudgate Healthcare LLC, a licensed provider serving Cook, DuPage, and Will Counties. Cloudgate offers evaluations, DUI Risk Education, early intervention, and substance use disorder treatment. Their services are also available in counties that allow evaluations by any licensed Illinois provider, such as Kendall and DeKalb.

Wirth Law: Free Consultations

Evaluations are vital in DUI sentencing, as well as for license reinstatement after a DUI revocation in Illinois. An evaluation informs the court, as well as the Secretary of State, about the appropriate intervention to address the root cause of a DUI charge.

By completing a recommended intervention, an individual shows a genuine commitment to addressing the reason(s) for impaired driving and actively working toward rehabilitation. These efforts can significantly bolster a case for driving relief, enhancing the likelihood of a favorable hearing outcome. Further, courts typically require completion of an intervention as a condition to successfully complete their Illinois DUI sentence.

Our office has over twenty years of experience with Illinois driver’s license reinstatement hearings after DUI. A driver’s license attorney is vital to navigate the reinstatement process and present strong evidence of rehabilitation. For a free consultation, please contact our office at (312) 761-8290 or email jennifer@wirthlaw.org.

Further Reading: Illinois DUI Defense

• Area of Practice: Illinois DUI Defense
• Overview of a First DUI in Illinois
• Illinois Statutory Summary Suspension Law
• Aggravated DUI in Illinois
• Out-of-State DUI: Suspensions and Revocations
• Type A Injury DUI Cases
• CDL Consequences for an Illinois DUI
• Underage DUI and Zero Tolerance
• Marijuana DUI
• Prescription Drug DUI
• DUI Chemical Testing
• Illinois Field Sobriety Tests
• Court Evaluations for Illinois DUI Sentencing