Written by attorney Ted Harvatin

DUI Treatment Requirements in Illinois

If your driver’s license is revoked in Illinois due to a DUI conviction, you will be required to have a hearing with the Secretary of State before you may legally drive.

To prepare for the hearing you must obtain a drug and alcohol evaluation. Such an evaluation was probably necessary for presentation to the judge when you were sentenced following your DUI arrest. The evaluation must be performed by a professional evaluator licensed by the Illinois Department of Human Services, Division of Alcohol and Substance Abuse (DASA). The evaluator will interview you about your past alcohol and drug-related problems, questions you regarding the circumstances of your DUI arrest and collect other pertinent information about you.

You evaluator has access to a computer program that DASA requires all evaluators to use. Your evaluator inputs all of the data he or she has collected into the program which then generates a risk level for you. Depending on the data inputted, you may be labeled minimal risk, moderate risk, significant risk, high risk dependent or high risk non-dependent.

To be a minimal risk you may only have one DUI arrest with a BAC reading of less than .15. If your BAC is at least .15, but under .20, or you refuse to provide a breath or blood sample, you must be at least a moderate risk. If your evaluator identifies any abuse or dependency symptoms (under the DSM-IV criteria), or if you have more than one DUI arrest or you only have one arrest but your BAC is .20 or higher, you must be at least significant risk.

If you have 3 or more DUI arrests within a 10-year period with fewer than 3 dependency symptoms (under DSM-IV), you will be classified as high risk, non-dependent. If your have 3 or more dependency symptoms, regardless of the number of DUI arrests or your BAC levels, the Secretary of State will consider you to be alcohol dependent (an alcoholic).

If you are classified as minimal risk, you must complete Driver Risk Education (“DRE"), a 10-hour DUI prevention course. If you are classified at moderate risk, you must complete 10 hours of DRE plus an additional 12 hours of early intervention treatment designed to head off a potentially more serious alcohol problem.

If you are classified as significant risk, you must complete the 10-hours of DRE and 20 hours of alcohol counseling. The counseling is necessary to identify the source of your alcohol problem and to develop a plan to deal with the problem before it becomes more serious.

High risk individuals must complete either a 75-hour outpatient treatment program or a 28-day inpatient treatment program. Most people who are in need of this level of treatment will also be required to attend Alcoholics Anonymous, or some other support program, and stop drinking for at least one full year before their hearing.

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