Understanding DUI Risk Levels in Illinois: What to Know About Your ADES Evaluation

If you’ve been arrested for DUI in Illinois, the court will likely require you to complete an alcohol and drug evaluation before sentencing. These evaluations—conducted through licensed providers approved by the Illinois Department of Human Services—are commonly known as ADES evaluations (Alcohol and Drug Evaluation Services).

Your evaluation determines how the court and Secretary of State view your risk to public safety and what treatment or education you must complete. But not all evaluations are the same—and if yours places you in a higher risk category than expected, it could seriously affect your case.

The Five DUI Risk Levels in Illinois

After your ADES evaluation, you’ll be placed into one of five risk categories:

1. Minimal Risk

   • First-time DUI offender

   • BAC under 0.15

   • No symptoms of substance abuse or dependence

   • Requires: 10-hour DUI Risk Education course

2. Moderate Risk

   • First DUI, but BAC of 0.15–0.19 OR

   • Some symptoms of alcohol abuse, but not dependence

   • Requires: 10-hour Risk Education + 12 hours of early intervention + aftercare

3. Significant Risk

   • One DUI with a BAC of 0.20 or higher OR

   • More than one DUI or clear signs of substance abuse

   • Requires: 10-hour Risk Education + 20 hours of treatment + aftercare

4. High Risk (Non-Dependent)

   • Multiple DUIs with no diagnosis of dependency

   • Risk pattern without full dependence criteria

   • Requires: 75+ hours of treatment + 12 months of aftercare

5. High Risk (Dependent)

   • Diagnosed with substance dependence (alcohol or drugs)

   • Often associated with multiple DUI arrests or long-term abuse

   • Requires: Intensive treatment + 12 months of aftercare + potential for inpatient care

The higher the risk category, the more costly and time-consuming the treatment—and the more it may impact your driver’s license reinstatement or court outcome.

What If You Disagree With Your Evaluation?

If you feel your evaluation was unfair, overly harsh, or based on incorrect information, you may have options. Illinois law allows you to seek a second opinion, but you must act quickly and follow proper procedures.

Here’s how:

1. Talk to your attorney immediately. You’ll need guidance on whether it’s strategically beneficial to pursue a second evaluation.

2. Get a second evaluation from another licensed provider. The second evaluator must have access to your driving record and any previous treatment records.

3. Submit both evaluations to the court. The judge or hearing officer will determine which evaluation to accept—or may consider elements of both.

Courts don’t always accept a second opinion, so it’s important to have an experienced DUI attorney present your case the right way.

Why an Attorney Is Essential—Even During the Evaluation Phase

Many people assume that the ADES evaluation is just “paperwork,” but it’s one of the most influential parts of your DUI case. It affects sentencing, treatment, and whether you can ever drive legally again. Having an attorney guide you before your evaluation—even advising how to answer questions truthfully but carefully—can make a significant difference.

At the Law Offices of Richard Waller, we routinely work with clients before and after DUI evaluations. We can recommend trusted evaluators, review results for accuracy, and push back if you're being placed in an unfair category. And if you’ve already had an evaluation and are unhappy with the result, we can help you seek a second opinion and advocate for the best possible outcome.

Don’t let a bad evaluation define your future. Call us before your risk level locks you into unnecessary treatment or restrictions.

Say Nothing, Call Me.®