How To Get An Illinois DUI Evaluation
SCHEDULING THE DUI EVALUATION
You must schedule a DUI Evaluation and begin working on the classes right away. The DUI Evaluation is a normal part of the process and is required by law. A DUI Evaluation is not an admission of guilt, nor will obtaining a DUI Evaluation and beginning on the classes hurt you. Starting early will only benefit you. Obtaining a DUI Evaluation is necessary in order to end your case, and completing your treatment would benefit you for multiple reasons. First, the prosecutors would prefer to see counseling completion in order to consider a reduction in charges. Second, if you get a DUI conviction and have to go to a Secretary of State hearing the hearing officer will not reinstate your driving privileges without completion of your treatment.
DUPAGE COUNTY DUI EVALUATIONS
COOK COUNTY DUI EVALUATIONS
KANE, KENDALL, DEKALB WILL AND MCHENRY DUI EVALUATIONS
If your case is in a county that is not DuPage or Cook County, you may go for a DUI Evaluation wherever you like as long as the location is licensed by Illinois Department of Human Services and (in some instances) on that county’s approved provider list. We recommend that you check with us before choosing a provider. We often recommend Lighthouse Recovery in St. Charles, their contact information is as follows: (630) 940-2468, http://lighthouserecoveryinc.com/.
2-3 days before you go in, please give us a call at 630-665-8780 during regular business hours. We can briefly discuss the format of the evaluation.
Evaluations are being held over the phone, by Zoom, and by sending documents by email due to the pandemic. These counseling facilities are filling up fast so please call them right away. Delayed evaluations mean a delayed court case which may result in additional attorney’s fees, and we really don’t want to do that.
ABOUT THE DUI EVLAUATION PROCESS
In Illinois, anyone arrested for driving under the influence of alcohol and/or other 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 Office of the Secretary of State.
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 or future public safety. The following areas are reviewed: the defendant’s driving history, chemical test results (blood alcohol content), Objective Test score and category, and 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 the 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 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
The minimum recommendation to the Court or the Office of the Secretary of State related to each classification is as follows:
Completion of a minimum of ten hours of DUI Risk Education.
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 seven 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.
Completion of a minimum of ten 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.
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.
The cost of the alcohol and drug evaluation is established by the provider. It is the responsibility of the defendant to pay for the evaluation. However, providers must offer alcohol and drug evaluations at a reduced fee to defendants who can prove inability to pay the full cost according to established program standards.