Chemical Use Assessments in Minnesota Criminal Cases (Formerly "Rule 25")

"Rule 25" Is Now the Comprehensive Assessment

For decades, Minnesota's substance-use evaluation was known as the "Rule 25 assessment," after the administrative rule that governed it. That terminology is now outdated. The Rule 25 process ended June 30, 2022, and was replaced by the Comprehensive Assessment obtained through Direct Access — a person now goes to a licensed provider directly rather than through a county gatekeeping process.

The language still lags in everyday use. Courts, probation officers, and evaluators variously call it a chemical use assessment, a chemical dependency evaluation, a chemical health evaluation, a CD assessment, or still a "Rule 25." They are all referring to the same thing: a structured evaluation by a Licensed Alcohol and Drug Counselor (LADC) that determines whether a substance use disorder exists and what level of treatment, if any, is recommended. The content of that assessment is governed by Minn. Stat. § 245G.05.

When a Chemical Use Assessment Is Required (by Statute)

Whether an assessment is mandatory or discretionary depends on the charge and the stage of the case. The key statutory triggers:

In short: for a DWI conviction, an assessment is required by law. For a felony, it is part of the mandatory presentence investigation where a substance-use need is indicated. For lower-level offenses, it is within the court's discretion — and it is often ordered as a condition of a plea or probation even when not strictly mandated.

What the Assessment Actually Involves

A comprehensive assessment is a structured interview with a Licensed Alcohol and Drug Counselor. Under Minn. Stat. § 245G.05, it evaluates the person's substance use history and current use, screens for a substance use disorder using recognized diagnostic criteria, and — if a disorder is indicated — recommends a level of care (from education or outpatient counseling up to residential treatment). The evaluator produces a written report with findings and recommendations.

In a criminal case, that report does not stay private. It goes to the court and, in DWI cases, to the Department of Public Safety, and the recommendations frequently become conditions of the sentence or probation.

Why the Assessment Can Shape the Whole Case

This is the point most people miss: the assessment is not a bureaucratic box to check. Its recommendations often become what the court orders. That means the assessment can determine:

• Treatment versus incarceration — a recommendation for treatment can support a disposition centered on treatment rather than jail.
• The intensity of what is ordered — outpatient counseling versus inpatient residential treatment is a large practical difference.
• Probation conditions — abstinence, testing, programming, and monitoring often track the assessment's findings.
• Plea leverage — an assessment showing engagement with treatment can strengthen a negotiating position.

Because of this, timing and preparation matter. An assessment obtained early — before sentencing, with the person already engaged in appropriate steps — can present a very different picture than one done reluctantly at the last minute. And because a person accessing treatment through Direct Access can choose their provider, who conducts the assessment is not always outside the person's influence. These are strategic questions worth discussing with counsel rather than leaving to chance.

Honesty and the Assessment

A word of caution that cuts against the instinct to "minimize." Assessments are conducted by trained professionals who are looking for consistency, and a criminal case often includes objective evidence — a BAC result, prior offenses, the facts of the arrest — that the evaluator can see. An assessment that understates use in a way the record contradicts can backfire, undermining credibility at exactly the wrong moment. The better approach is almost always candor paired with genuine engagement, guided by counsel who understands how the assessment fits the case.

Related Assessments in Criminal Cases

The chemical use assessment is the most common, but it is not the only evaluation that can shape a Minnesota criminal case. Depending on the charge, a case may also involve a psychosexual evaluation (in sex-offense cases), a domestic abuse or anger evaluation (in domestic cases), or a psychological or competency evaluation. Each is governed by its own standards and carries its own strategic considerations.

Key Terms

• Chemical use assessment: A licensed evaluation of substance use and treatment need used by courts; formerly "Rule 25."
• Comprehensive Assessment: The current framework under Minn. Stat. § 245G.05, completed by an LADC.
• Direct Access: The process, effective July 2022, that replaced the county-run Rule 25 process.
• LADC: Licensed Alcohol and Drug Counselor, the professional who conducts the assessment.
• Level of care: The recommended treatment intensity, which courts often adopt as a condition.
• Presentence investigation (PSI): The pre-sentencing report under Minn. Stat. § 609.115 that can include a chemical use assessment.