11.3 Driving While Under the Influence Cases (DUI)
(a) Supervision -- Prior to considering a disposition of supervision for a defendant who has been charged with the offense of driving while under the influence of alcohol, other drugs, or a combination thereof, in violation of Section 11-501, of the Illinois Vehicle Code, 625 ILCS 5/11-501, or a similar provision of a local ordinance, the court shall first review and have made part of the record each of the following:
(i) The facts and circumstances of the violation with specific attention to the concentration of alcohol or presence of substances described in 625 ILCS 5/11-501(a) in the defendant's breath, blood, urine, or other bodily substance and to whether personal injury or property damage occurred in conjunction with the violation.
(ii) The written alcohol/drug evaluation of the defendant prepared by the court’s Adult Probation Department (A.P.D.), Social Service Department (S.S.D.), or a designee of the department (collectively “evaluation program”). The evaluation program shall be duly certified by the Division of Substance Use Prevention and Recovery (SUPR of the Illinois Department of Human Services (DHS). The evaluation shall include a determination of the risk to public safety that the defendant presents if he/she continues to drive a motor vehicle. Risk means the specific level (minimal, moderate, significant, or high) assigned to a D.U.I. defendant which describes the defendant's probability of continuing to operate a motor vehicle in an unsafe manner. The assigned level shall be based upon the following factors: the nature and extent of the defendant's alcohol or drug use; the blood alcohol content (BAC) level at the time of arrest; prior dispositions for D.U.I.; and other factors which may include any physical, emotional and/or social dysfunction arising from the use of alcohol or other drugs.
(iii) Any alcohol or drug related driving offenses contained in the defendant's driving abstract, as recorded by the Secretary of State's Office preceding the date of the alleged offense(s).
(iv) A D.U.I. recidivist check (a record of any prior order(s) of supervision entered by the Circuit Court of Cook County, and a statement whether the defendant has participated in an alcohol or drug intervention program for a D.U.I. offense) shall be conducted by the evaluation program as part of the evaluation process.
(v) Whether, in connection with the circumstances of the violation, the driving privileges of the defendant have been suspended as a result of a refusal to submit to a chemical or other test described in 625 ILCS 5/11-501.2.
(vi) Evidence of all other elements required by law.
(vii) A defendant requesting the sentence of supervision shall establish that:
1. an order of supervision is in the best interests of the public.
2. an order of supervision is in the best interests of the defendant and his or her family; and,
3. other matters to be considered in mitigation.
(viii) Any other factors deemed relevant by the court, including, but not limited to, those brought to the court’s attention by either the defendant, the prosecutor, or the victim(s).
(b) Evaluation Program -- The evaluation program shall perform all alcohol and drug evaluations for the court pursuant to the statutory requirements of the Illinois Vehicle Code, 625 ILCS 5/6-206.1, 5/11-501, similar provisions of a local ordinance, or court order for other misdemeanors wherein the nature of the charge, the conduct of the defendant, or a factor to be considered in sentencing is alcohol or drug related.
(c) Evaluation Program Requirements-- The evaluation program shall comply with the following requisites:
(i) The evaluation program shall demonstrate competency in the substance abuse field.
(ii) A representative of the evaluation program shall be present and available to testify on all scheduled court dates.
(iii) All monitoring of misdemeanor cases pursuant to this rule, regardless of the defendant’s Risk Level, shall be supervised by the A.P.D., S.S.D., or its designee.
(iv) The evaluation program shall charge a fair and reasonable fee. The evaluation program shall have a written policy, approved by the chief judge, concerning the eligibility and servicing of indigent defendants. The criteria used in the determination of indigency shall be as prescribed by the SUPR, and fees shall be as specified in the standard probation fee guide approved by the chief judge for determining an offender’s ability to pay probation fees.
(v) The evaluation program shall establish a network of agencies funded by DHS or SUPR for the purpose of providing intervention services, including inpatient or outpatient treatment and aftercare services to indigent defendants.
(vi) The evaluation program shall provide reports, for both fee paying and indigent clients, within statutory guidelines and on scheduled court dates or as otherwise directed by the court.
(vii) Reports by the evaluation program shall contain a statement concerning the defendant's recidivism, including a record of any prior orders of supervision not contained in the Secretary of State's driving abstract, and a statement whether the defendant has participated in an alcohol or drug intervention program for a prior D.U.I. offense.
(viii) The evaluation program shall not refer or accept a D.U.I. defendant classified as Minimal, Moderate, Significant, or High Risk into a risk education program provided within the same program or service.
(ix) The evaluation program shall have referral agreements with service agencies that provide comprehensive treatment services and adhere to the Rules of the Circuit Court of Cook County DHS regulations, and shall have established procedures protecting the identity of program participants and the confidentiality of their records.
(d) Remedial Service Providers -- (x) The evaluation program shall refer defendants classified as Minimal Risk to a risk education program that maintains that population separate from defendants classified as –Moderate, Significant, or High Risk. Risk has the meaning set forth in subsection (a)(ii) of this rule. Any licensed program providing a risk education course of study for a defendant charged with D.U.I., in violation 625 ILCS 5/11-501, or a similar provision of a local ordinance, shall comply with the following:
(i) The risk education course shall be conducted as prescribed by DHS/SUPR regulations.
(ii) The risk education program shall charge a fair and reasonable fee.
(iii) The risk education program shall have a written policy, approved by the chief judge, concerning the eligibility and servicing of indigent defendants. The criteria used in the determination of indigency shall be as prescribed by Ill. S. Ct. R. 298.
(iv) The risk education program shall maintain classes for defendants classified as Minimal Risk, separate from defendants classified as –Moderate, Significant, or High Risk.
(v) The risk education program shall encourage family members to attend classes with the defendants at no additional cost.
(vi) The risk education program shall report to the court or to the evaluation program as to the defendant’s progress. Written progress reports, as required by the court, shall be made in a timely manner for all defendants.
(vii) The risk education program shall notify the appropriate prosecuting authority and the designated evaluation program of a defendant’s failure to attend or complete court ordered risk education classes. The program shall communicate this information, in writing, to the court within thirty (30) days after said noncompliance.
(viii) Any evaluation program or risk education program providing services pursuant to this rule must comply with all requirements contained herein, maintain all necessary licenses required by state statute or regulations, and comply with any agreement it executes with or on behalf of the Circuit Court of Cook County.
[Amended, effective March 7, 2022.]
