Illinois requires a DUI evaluation before the Secretary of State (SOS) will restore your driving privileges after you receive a DUI. A person who has been arrested for driving under the influence must undergo a DUI evaluation before he or she can be sentenced for a DUI offense. The purpose of this evaluation is to determine if there is cause for concern that the person's substance use puts public safety at risk.
Why Illinois Requires a DUI Evaluation
Sentencing for a DUI offense waits until the defendant undergoes an alcohol and drug evaluation. The purpose of the evaluation is not to determine guilt or innocence of the DUI charge, but instead it determines the extent of a defendant's alcohol and/or drug use. An evaluation does help the court make a decision about sentencing.
The Office of the Secretary of State can also order an evaluation before granting restricted or full driving privileges.
Matching a person to education or treatment on their level of risk for recidivism allows the most effective use of the state's alcohol and other drug resources.
It ensures that those who pose the greatest risk to public safety are identified and referred for more intensive services.
This is accomplished by having the person arrested for DUI undergo an assessment at an evaluation agency that can provide appropriate resources to address his/her individual needs based on an analysis of the DUI offender's past history, current status and future risk to public safety.
What Happens During the Evaluation
The DUI evaluation is a comprehensive screening process designed to determine the level of risk for future impaired driving behavior based on the offender's history and current status.
An interview with an evaluator is one of the areas reviewed when completing a DUI Evaluation in Illinois. When performing a chemical use assessment, the evaluator will review the following areas:
Driving history
Chemical test results
Objective Test score and category
Interview with an evaluator
The purpose of the analysis of the driving record is to provide information to evaluators for use in determining the client's risk to public safety and whether or not the client needs treatment.
When the evaluation has been completed, a classification and recommendation are determined by the evaluator. The recommendation made should be based upon all information obtained during the evaluation. It is important that you follow through with the recommended education and/or treatment.
The offender may be referred to an organization for educational, treatment or rehabilitation services based upon risk assignment.
Risk Classifications
Risk classification falls into one of four categories: minimal risk, moderate risk, significant risk, and high risk. These designations are based upon the evaluation report which is to be completed by an organization approved by the Department to conduct evaluations for DUI offenders. The classifications help to determine the appropriate level of education or treatment required.
For risk classifications from minimal to high, educational classes are required for all offenders (with the exception of High Risk offenders who will require a minimum of 75 hours of treatment). The classes must be provided by an approved DUI education provider.
The minimum hours required for Moderate Risk are 10 hours of DUI Risk Education and 12 hours of Early Intervention with a licensed substance abuse professional; the minimum hours required for High Risk is 75 hours of Substance Abuse Treatment.
DUI Risk Education
Driver Risk Education is an education program that will include information on the dangers of driving while under the influence of alcohol or other drugs, with emphasis on the offender's responsibility to refrain from operating a motor vehicle after drinking alcoholic beverages or using controlled substances.
The goal is to prevent future drinking and driving by increasing awareness about the problem and changing attitudes that might lead to driving while impaired.
The risk level classification is determined during the DUI evaluation process, and DUI Risk Education programs must be approved by the Division of Behavioral Health and Recovery.
DUI Evaluations are licensed services that may be provided by an approved DUI Service Provider who has been certified by DBHR to provide DUI evaluations. The DUI evaluator must complete a comprehensive written report based on all information gathered during the evaluation.
DBHR licenses DUI Evaluations and Driver Risk Education service providers.
Licensed DUI services include evaluations and Driver Risk Education. It is important to note that only licensed DUI service providers can complete an official DUI Evaluation.
Treatment Requirements After a DUI
After classification some people must complete DUI education, while others must complete treatment services in addition to DUI education. Those classified as having Significant Risk must participate in a minimum of ten hours of DUI Education and twenty hours of substance abuse treatment. These individuals also must actively participate in all continuing care activities that are outlined in their aftercare plan.
Continuing care plans follow substance abuse treatment and education programs and are designed to help individuals continue their recovery after leaving the facility where they received services.
Substance abuse treatment can include counseling and/or medicines to control your cravings for alcohol, other drugs, or both. The goal of substance abuse treatment is to teach you ways to avoid using and help you make changes in your life so you don’t drink or use again.
A person who abuses alcohol often needs treatment or counseling as well as a strong support system. He or she also may need to be removed from the environment that promotes substance use (e.g., friends who use drugs or alcohol, bars).
People with serious alcohol problems usually have other related problems, including medical conditions and social, vocational, and legal difficulties. Some people with severe substance abuse problems can benefit from residential treatment in a facility where they live on site and receive intensive counseling.
Counseling and medicines can be part of a complete plan to help you recover from alcohol or drug addiction. Medicines can control withdrawal symptoms, cravings, and co-occurring conditions such as depression, which frequently occur with substance use disorders. Counseling teaches coping strategies to help you resist urges or temptations for alcohol or drugs.
Finding a Licensed DUI Evaluation Provider
Licensed DUI evaluation providers register with the IDHS/SUPR through the electronic DUI Service Reporting System (eDSRS).
The Illinois Helpline connects people seeking licensed DUI evaluations with their local provider.
These evaluations are used in criminal cases or administrative hearings and provide the court or agency with an assessment of the individual's risk level, as well as recommendations for treatment and driver education.
A DUI evaluation is performed by a licensed professional who has experience working with individuals with substance use disorders. The DUI evaluator can provide information about your level of risk for future problems and determine what type of services would be most beneficial for you to receive.
DUI, License Reinstatement, and Recovery
Secretary of State hearings may require further participation in some form of DUI evaluation before restricted or full driving privileges can be granted.
Once you've found a treatment program, ask about the kinds of activities you'll be doing there. If you don't feel that your program offers the right kind of treatments, it's important to discuss this with your counselor and seek another program if needed. It's important for counselors in drug and alcohol programs to have special training for the specific kind of problem a patient is facing. If they do not, ask about getting a referral to a specialist. For example, if you're seeking treatment for AUD, be sure your counselor has training in AUD treatment.
Peer support after treatment is not formal treatment in itself, but it is an important part of recovery. Mutual-support groups such as Alcoholics Anonymous (AA) are peer-led recovery communities that offer emotional support for those recovering from alcoholism or drug addiction through sharing their personal experiences and struggles. They are also beneficial for individuals who want to prevent relapse.
Behavioral therapies help people modify their behaviors or emotions so they can manage cravings and avoid drugs. In behavioral counseling, a therapist helps an individual develop strategies for avoiding or resisting drug use. These strategies often include identifying and problem solving around high-risk situations.
Motivational enhancement therapy (MET) is a type of counseling that seeks to increase the motivation of individuals to change their behavior and reduce drug abuse.
