DRIVING UNDER THE INFLUENCE (DUI): is defined as operating a motor vehicle while impaired by alcohol, other drugs or intoxicating compounds. In Illinois, drivers are legally considered to be under the influence if they have a blood-alcohol content (BAC) of .08 or more, a tetrahydrocannabinol (cannabis) concentration (THC) of either 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substance, have used any other controlled substance, or are impaired by medication. This could be any of the following or any combination of the following:
- ILLICIT DRUGS
- MOOD-ALTERING PRESCRIPTION MEDICATION
- MOOD-ALTERING OVER THE COUNTER MEDICATION
Illinois mandates that 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 a person's alcohol and/or drug use and their associated risk to current and/or future public safety. The evaluation must be done in a face-to-face interview focusing on past and current alcohol and drug use, specifically as they relate to driving history and current drinking patterns.
Inconsistencies must be reconciled between the DUI offender 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 offender'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 and/or the Office of the Secretary of State.