CCL and Dui/classes

[Gsom89]

Hello all,

I was hoping maybe someone had gone through a similar situation as me here and could maybe shed some light. Everything Ive found is either from a couple of years ago or not too definite…I completed court supervision last month successfully for a first time DUI and had to do the moderate or second to lowest level—10hr dui class/12hr Early Intervention. I am wondering if the 5 year alcohol treatment question/disqualifier would apply to the moderate risk dui classes or has someone had the same thing and been granted a license? 

[once0217]

It didn't affect mine. I think I remember my lawyer saying something along the lines of it not being for addiction or something along that lines.

Edited May 4, 2023 at 03:08 AM by once0217

[Molly B.]

It's usually the 2 higher categories that invoke the 5 yr prohibitor.

[Gsom89]

Thank you both for the replies, really appreciate it.

Edited May 4, 2023 at 01:08 PM by Gsom89

[jmp1964]

I've been struggling with this for some time, and believe I know the answer, but looking for any additional confirmation. Lord knows, the ISP will only provide cryptc responses. Straight to the point. Received a DUI charge in June of 2019. Benign, run of the mill charge, no enhancements. Plead down to reckless, no suspension, but of course had to do the obligatory DUI assessment and remedial classes. Now as most know, or maybe not, DUI in Illinois has 2 components to it. Criminal and civil. The counseling courses you agree to are per the Secretary of States Office to facilitate your license compliance. You do not have to agree to this regardless of the criminal component. They are separate. However, the way the CCL Statue is written it allows ISP to cherry pick. I have had my FOID in good standing for over 30 years and have submitted my prints and CCL class verification. But I'm fairly sure they will place me in the 5 year prohibitor category. Furthermore, this was not my first charge. I had one in 87, and Illinois has a perpetual look back period. Not to mention, any more than one charge, and they automatically refer you to at least the 3rd category of counseling. Again, I believe this is also by design to provide ISP another means of selective denial. Which of course is what the Illinois tyrants want. I want to submit my payment and see what happens, but as I said I think I'd probably be denied currently. And really would hate giving them free money. Any thoughts on this would be appreciated. Also, would any person know if the 5 year period is from the start of any counseling, or of the final discharge date? Thank you in advance!

Jp

[Molly B.]

What we have found is that the first two levels do not initiate the 5 year waiting period.  The second two levels do.  The five year calendar begins after treatment has been completed.

 

 

[John Q Public]

Perhaps an explanation of all the levels would be helpful....  I know it would help in my edification.  If someone understands them all, perhaps they could be broken down and explained? 

 

Thanks

 

JD

[Euler]

I found this list of IL DUI Classifications online not at the IL SoS web site.

1. Level 1 - Minimum (Level I-M)
   • Prior Arrest History
     • This must be the client's first arrest for a DUI (regardless of the outcome in court).
   • BAC at the time of arrest
     • At the time of arrest, the client must have provided a breath sample of under 0.15.
   • Alcohol Use Disorder / Substance Use Disorder Criteria
     • During the evaluation, no signs or symptoms of a Alcohol Use or Substance Use Disorder may be identified.
   • Requirements
     • The client will be required to complete a minimum of ten hours of Risk Education.
2. Level 2 - Moderate (Level II-M)
   • Prior Arrest History
     • This must be the client's first arrest for a DUI (regardless of the outcome in court).
   • BAC at the time of arrest
     • At the time of arrest, the client must have provided a breath sample between 0.15 and 0.19;
     • OR the client refused testing at the time of their arrest;
     • OR the client's BAC was under 0.15 and one symptom of Alcohol Use / Substance Use disorder was identified.
   • Alcohol Use Disorder / Substance Use Disorder Criteria
     • During the evaluation, 0-1 sign or symptom of a Alcohol Use or Substance Use Disorder may be identified.
   • Requirements
     • The client will be required to complete a minimum of ten hours of Risk Education;
     • AND The client will be required to complete a minimum of twelve hours of Early Interventions.
3. Level 2 - Significant (Level II-S)
   • Prior Arrest History
     • Client has one prior arrest for DUI and/or Statutory Summary Suspension (regardless of the outcome in court).
   • BAC at the time of arrest
     • At the time of arrest, the client must have provided a breath sample over 0.20;
     • OR the client's BAC was under 0.20 and two or three symptoms of Alcohol Use / Substance Use disorder were identified.
   • Alcohol Use Disorder / Substance Use Disorder Criteria
     • During the evaluation, two or three signs or symptoms of a Alcohol Use or Substance Use Disorder may be identified.
   • Requirements
     • The client will be required to complete a minimum of ten hours of Risk Education;
     • AND The client will be required to complete a minimum of twenty hours of Substance Abuse Counseling;
     • AND The client will be required to complete Continuing Care. (In most counties and for the Secretary of State of Illinois, the minimum requirement is six months.)
4. Level 3 - High Risk (Level II-HR)
   • Prior Arrest History
     • Client has two prior arrest for DUI and/or Statutory Summary Suspension (regardless of the outcome in court);
     • OR five or more symptoms of Alcohol Use / Substance Use disorder was been identified.
   • Alcohol Use Disorder / Substance Use Disorder Criteria
     • During the evaluation, five or more signs or symptoms of a Alcohol Use or Substance Use Disorder were identified.
   • Requirements
     • The client will be required to complete a minimum of seventy five hours of Substance Abuse Counseling;
     • AND The client will be required to complete Continuing Care. (In most counties and for the Secretary of State of Illinois, the minimum requirement is twelve months.)

Edited September 13, 2023 at 09:34 PM by Euler

[Euler]

Off-topic, but...

So with those classifications, what if it's NOT a first arrest, AND the person blows UNDER 0.15, AND there are NO symptoms of substance abuse disorder? I suspect they'd try to jam you into Level 2-Moderate, despite not meeting the criteria.

Edited September 13, 2023 at 09:49 PM by Euler

[John Q Public]

Thank you.2.71 

 

 

 

Edited September 13, 2023 at 10:12 PM by John Q Public

[Molly B.]

   The statute states:

 

     (3) has not been convicted or found guilty in this State or in any other state of:

(B) 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application;

If the driving under the influence violation falls under level 3 or level 4, that falls under :

 

(5) has not been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application