E. A licensee of an agency that provides DUI screening shall classify a DUI client based upon the information obtained in the DUI screening in subsection (C) as follows:

1. A Level 1 DUI client is a DUI client who:

a. Meets at least one of the following:
i. Has been arrested or convicted two or more times for alcohol or drug-related offenses;
ii. Had an alcohol concentration of .15 or higher at the time of the arrest that led to the current referral and meets at least one of the criteria in subsection (E)(1)(b)(i) or (E)(1)(b)(iii) through (xii);
iii. Has been unable to control use of alcohol or drugs or has habitually abused alcohol or drugs;
iv. Admits a problem controlling alcohol or drug use;
v. Has been diagnosed with substance abuse or organic brain disease resulting from substance abuse;
vi. Has experienced symptoms of withdrawal from alcohol or drug use that included visual, auditory, or tactile hallucinations; convulsive seizures; or delirium tremens; or
vii. Has been diagnosed with alcoholic liver disease, alcoholic pancreatitis, or alcoholic cardiomyopathy by a medical practitioner; or

b. Meets at least three of the following:
i. During DUI screening, provided responses on the standardized instrument in subsection (C)(4)that indicated substance abuse;
ii. Had an alcohol concentration of .08 or higher at the time of the arrest that led to the current referral;
iii. Has previously been arrested or convicted one time for an alcohol-or drug-related offense;
iv. Has experienced a decrease in attendance or productivity at work or school as a result of drug or alcohol use;
v. Has experienced family, peer, or social problems associated with drug or alcohol use;
vi. Has previously participated in substance abuse education or treatment for problems associated with alcohol or drug use;
vii. Has experienced blackouts as a result of alcohol or drug use;
viii. Has passed out as a result of drug or alcohol use;
ix. Has experienced symptoms of withdrawal from alcohol or drug use including shakes or malaise relieved by resumed alcohol or drug use; irritability; nausea; or anxiety;
x. Exhibits a psychological dependence on drugs or alcohol;
xi. Has experienced an increase in consumption, a change in tolerance, or a change in the pattern of alcohol or drug use; or
xii. Has experienced personality changes associated with alcohol or drug use; and

2. A Level 2 DUI client is a DUI client who:
a. Does not meet any of the criteria in subsection (E)(1)(a), and
b. Meets no more than two of the criteria in subsection (E)(1)(b).