Illinois DUI Lawyer Blawg
If you are arrested for Driving Under the Influence (DUI) in Illinois, you may be required to obtain an Illinois Alcohol and Drug Evaluation Uniform Report (Evaluation) An Evaluation is necessary as a condition of being sentenced to court supervision as well as when preparing for a driver’s license hearing following a DUI revocation.
Court supervision for a DUI arrest is available only if you have never received court supervision and never been convicted of DUI in Illinois or any other state. Supervision is also unavailable if you have previously received a reckless driving disposition as a result of a plea bargain. 730 ILCS 5/5-6.1(d) While it appears clear to this writer that this exception was intended to apply only when an initial DUI charge is pled down to reckless driving, the Illinois Supreme Court has held that any plea bargain involving reckless driving, even if alcohol or other drugs were not in any way involved, will preclude a subsequent DUI supervision. People ex rel. Madigan v. Kinzer, 232 Ill. 2d 179, 902 N.E.2d 667, 327 Ill. Dec. 546 (2009)
A disposition of court supervision and successful completion of the terms of supervision is not a “conviction” 730 ILCS 5/5-6-3.1(f) Therefore, a sentence of court supervision for DUI will not cause a driver’s license revocation, since a revocation requires a conviction. 625 ILCS 5/6-205(a)(2)
On the other hand, if you are convicted of DUI, your driver’s license will be revoked. In order to restore your driving privileges, you must have a driver’s license hearing with the Secretary of State. 625 ILCS 2/118
Thus, if you are preparing to be sentenced to court supervision or to have a driver’s license hearing, you must obtain an Evaluation. The Evaluation is important to the process, as it is the basis for determining how many hours of alcohol classes you will be required to complete.
The Evaluation must list all DUI “dispositions”. That term encompasses DUI convictions, supervisions, reckless driving pled down from DUI, statutory summary suspensions and implied consent suspensions imposed by 625 ILCS 5/6-206(a)(31) Out-of-state dispositions must be listed.
The Evaluation, as well as the first updated report, must include a detailed discussion of the last DUI disposition. The Evaluation must list any arrests for Boating or Snowmobiling Under the Influence, zero tolerance offenses, as well as any non-driving related offenses in which alcohol or other drugs were a factor, including under aged drinking and fake ID tickets, along with criminal charges (felonies and misdemeanors) in which alcohol or other drugs were a factor.
The Evaluation must contain a lifetime alcohol and drug use chronology of your use of these substances from the date of first use to the present, by frequency, nature, amount and duration, which an explanation for any variances. The evaluator must administer an objective test, such as the DRI-II , ASUDS, or Mortimer-Filkins. Any prior history of alcohol or drug treatment must be identified.
The Evaluation will identify all DSM IV criteria for alcohol abuse and dependency. There are four abuse symptoms and seven dependency symptoms.
From all of this information, the evaluator will determine your risk level and the recommended intervention (number of class hours). Successful completion of your hours is required in order to be successfully discharged from court supervision and to move forward with a driver’s license hearing as well.