New Part 2060 Language for DUI Evaluation Revised Risk Classifications

Interim Director Rafael Rivera recently announced that the revision to Illinois Administrative Code, Title 77: Public Health Chapter: Department of Human Services, Subchapter d: Licensure Part 2060, Substance Use Disorder Treatment and Intervention Licenses (commonly referred to as Administrative Rule, Part 2060) was adopted on April 2, 2025. The text of the revised rule will be published in the coming weeks in the Illinois Register. Because there was a significant change to the risk classifications for DUI offenders that may cause some confusion, we are sharing the following guidance for completion of DUI evaluations until modifications are made to the electronic DUI Services Reporting System (eDSRS).

We are sharing the new language from Part 2060 relative to the revised classifications. The most significant changes relate to the High-Risk classification and addition of court supervision for certain charges. Please review these changes with all impacted staff in preparation for the revised eDSRS.

Changes to The DUI Evaluation - Section 2060.510 (h)

Based upon all information obtained during the evaluation, the organization shall determine the DUI offender's risk to public safety. The assignment of risk is considered an initial finding that may be subject to change whenever additional information is obtained during any subsequent evaluation. The risk assignment shall be minimal, moderate, significant, or high, as follows:

  1. Minimal Risk - The offender has:
    1. No prior convictions or court-ordered supervisions for DUI, BUI, or SUI, no prior statutory summary suspensions, and no prior reckless driving conviction or court-ordered supervision reduced from DUI, BUI, or SUI. This rule includes offenses that occur in other states as well as Illinois, and regardless of whether the offense has been recorded on the offender's Illinois driving record; and
    2. A BAC of less than .15, as a result of the most current DUI, BUI, or SUI arrest; and
    3. No identified pattern of alcohol- or drug-impaired driving; and
    4. No other symptoms of a substance use disorder.
  2. Moderate Risk - The offender has:
    1. No prior convictions or court-ordered supervisions for DUI, BUI, or SUI, no prior statutory summary suspensions, and no prior reckless driving conviction or court-ordered supervision reduced from DUI, BUI, or SUI. This rule includes offenses that occur in other states as well as Illinois, and regardless of whether the offense has been recorded on the offender's Illinois driving record;
    2. A BAC of .15 to .19 or an implied consent refusal, as a result of the most current DUI, BUI, or SUI arrest; or
    3. At most, one symptom of a substance use disorder.
  3. Significant Risk - The offender has:
    1. Prior to the must current offense, one prior conviction or court-ordered supervision for DUI, BUI, or SUI, or one prior statutory summary suspension, or one reckless driving conviction, or court-ordered supervision reduced from DUI, BUI, or SUI. This rule includes offenses that occur in other states as well as Illinois, and regardless of whether the offense has been recorded on the offender's Illinois driving record; and
    2. A BAC of .20 or higher, as a result of the most current arrest for DUI, BUI, or SUI; or
    3. Two or Three symptoms of a substance use disorder.
  4. High Risk - The offender has:
    1. Prior to the most current offense, any combination of two or more of the following alcohol or drug-related offenses: court-ordered convictions or court-ordered supervisions for DUI, BUI, or SUI or prior statutory summary suspensions or reckless driving convictions or supervisions reduced from DUI, BUI, or SUI that arise out of separate incidents. This rule includes offenses that occur in other states as well as Illinois, and regardless of whether the offense has been recorded on the offender's Illinois driving record; or
    2. Four or more symptoms of a substance use disorder.

Q & A Guidance

We are also sharing the following guidance in the format of a Q & A for evaluations previously conducted under the old rule and for any requested updates from the Secretary of State.

Q1. If the evaluation was performed prior to April 2, 2025 and the person was classified as Significant Risk and the new classification level would identify them as High Risk, what process should be followed?

A1. If the evaluation was performed prior to April 2, 2025, then the original classification of Significant Risk applies.

Q2. If the evaluation is being conducted after April 2, 2025 and the eDSRS system has not been updated, what process should be followed if the person is incorrectly classified as Significant Risk instead of High Risk?

A2. Until providers are notified of the date that updates have been completed within eDSRS, an explanation that indicates the correct classification should be completed on your organization's letterhead and attached to the Uniform Report.

Q3. If an update evaluation is being conducted on a Uniform Report completed prior to April 2, 2025, what process should be followed?

A3. The evaluation classification should not be changed because the rule was updated. The SOS Evaluation Update should reflect the original classification.

Additional guidance will be forthcoming as needed or requested. Thank you for your attention to this matter. Please direct any additional questions to SUPR's helpdesk at DoIT.SUPRHelp@illinois.gov.