Understanding Illinois DUI Evaluations and Recommended Interventions

In Illinois, an evaluation plays a vital role when applying for driving relief following a DUI revocation. An evaluation assesses whether an individual poses a risk to public safety and determines the appropriate intervention, which may include preventive education and/or treatment. An evaluation also helps identify the nature of the past issue and create a blueprint for rehabilitation.

Generally, the Illinois Secretary of State requires DUI petitioners to undergo an evaluation and show successful completion of the recommended intervention. There are four risk categories for an evaluation that determine the recommended level of intervention: minimal, moderate, significant, and high risk. A classification may require an individual to complete DUI risk education, early intervention, and/or treatment.

Key Components of a DUI Evaluation

The DUI evaluation is the initial step in assessing an individual’s substance use and the impact it may have had on their driving ability. It is a detailed report that is designed to gather critical information about lifetime alcohol and/or drug use, legal history, and driving behavior. An evaluation is typically required for any individual who has had their driver’s license revoked due to a DUI-related offense. The report typically includes, but is not limited to, the following information:

• Substance Use History: The evaluator will collect a chronological history of the individual’s lifetime alcohol and drug use, including frequency of use and the facts surrounding any DUI arrest(s).
• Past Treatment and Medications: The evaluator will explore any substance abuse treatment received in the past, as well as medical issues that may impair driving or judgment. This includes a review of any medication that may affect a person’s driving ability or carry the potential for addiction.
• Behavioral Observation: The evaluator will assess the individual’s current behavior to gauge their credibility and screen for any ongoing signs of a substance use disorder (SUD). This can provide insight into the individual’s readiness for rehabilitation.
• Symptoms: The evaluator will review the DSM-V symptoms for any applicable substance use disorder to determine the extent of a past and/or present problem.
• Driving and Legal History: The evaluator will analyze the individual’s legal history, including all DUI offenses, prior arrests, and driving offenses. The evaluator will review a current copy of the driving abstract, any sworn report(s), and the results of any chemical testing.
• Objective Testing: Evaluators may use standardized tests such as the Driver Risk Inventory (DRI). Objective testing helps to assess the individual’s risk level and determine the appropriate intervention.

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
2. 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
3. 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
4. High Risk (Non-Dependent or Dependent)
   • Two 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
2. Moderate Risk
   • 10 hours of DUI Risk Education
   • 12 hours of Early Intervention
3. 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
4. High Risk (Non-Dependent or Dependent)
   • 75 hours of substance use disorder treatment
   • Continuing care
   • 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.

Early Intervention: Prevention Before Escalation

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 Significant and High-Risk Offenders

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.

License Reinstatement: The Role of Rehabilitation

Evaluation and intervention are pivotal in the driver’s license reinstatement process. By completing a recommended intervention, an individual shows a genuine commitment to addressing the root cause(s) of 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.

Our office has over twenty years of experience with Illinois driver’s license reinstatement hearings. 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 Driver’s License Reinstatement

• Practice Area: Driver’s License Reinstatement
• Step-by-Step: The Illinois License Reinstatement Process
• Understanding DUI Revocations in Illinois
• The PDPS: Out-of-State Residents Facing a Driver’s License Hold for an Illinois DUI
• Types of Driving Relief after an Illinois Driver’s License Revocation
• Understanding DUI Evaluations and Recommended Interventions
• Reckless Homicide and Driver’s License Reinstatement in Illinois
• Illinois Hardship Permits: A Brief Overview
• Law Library: DUI & License Reinstatement Law