Also, their case may be upgraded from a misdemeanor offense to a felony offense, depending on their driving history and the facts of their case. A license revocation based on a DUI only occurs if there is a conviction. Frequently Asked Questions: Domestic Battery. While the charges will be dismissed for your supervision sentence, the arrest and court supervision will remain on your record and you are not able to have it expunged. In Illinois, DUI may be cited as a Class A misdemeanor or a Class 4, 2, 1, or X felony; felony charges result in an Aggravated DUI classification. Reinstatement | Illinois DUI Lawyer If you have been charged with driving under the influence, court supervision may be available in your case. Pled Guilty -DUI arrest no conviction -Criminal Trespass charge dismissed -Mandatory minimum community service dismissed -12 months court supervision -12hrs early intervention -10hrs DUI risk education -Attend Virtual Impact Panel -Fines & Fees totaling $2,381.50 Its the best possible outcome in a DUI case aside from dismissal or a finding of not guilty after trial on a misdemeanor DUI offense. For all other traffic violations of state law, the prosecution's burden is the heavier one of "beyond a reasonable doubt." Any information submitted will be confidential. During your term of supervision, officers may collect random urine screens from you. What Happens if You Violate Illinois DUI Court Supervision? Contact our Experienced Chicago Criminal Defense Lawyers Today for Legal Advice. Depending on your case, your attorney will advise you to plead guilty or not guilty, as well as advocate for DUI court supervision in Chicago, IL. (a) Except as provided in this Section, the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver upon receiving a report of the drivers conviction of any of the following offenses: 2. . Court Supervision is a criminal sentence that is imposed on the majority of misdemeanor cases in Illinois. Thus, you must contact an experienced Lake County DUI attorney as soon as possible if faced with a Violation sentence or Petition to Revoke. At DUI Lawyers 24/7, our defense attorneys have helped thousands of clients in Lake County, Cook County, Kane County, Kendall County, DuPage County, McHenry County, and throughout Illinois beat their DUI charges. If you are arrested and convicted of DUI in Illinois, youll face both administrative and criminal penalties. You may be charged with a DUI in Illinois for the following: First-time DUI offenses are considered Class A misdemeanors, although if bodily harm was caused it may be upgraded to a felony. What is Court Supervision for a DUI in Illinois? | John M. Quinn Typically, in Illinois, court supervision is reserved for first-time drunk driving offenders. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. A person whose privileges have been revoked may be eligible to reapply for a driver's license after a certain period of time, provided that he or she pays a reinstatement fee, undergoes an alcohol and drug evaluation, completes an alcohol/drug remedial education program, and demonstrates to a Secretary of State officer that public safety will not be endangered if the privileges are restored. If you choose to plead not guilty, your ticket should include detailed information about how to notify the appropriate court of your intention to do so if it is required. Completing alcohol treatment or education, Avoiding violations of the court supervision. For example, an RPD might allow an offender to drive to and from work or to and from the doctor for treatment appointments. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In order to obtain an RPD, the offender must demonstrate that a hardship exists, provide a current professional alcohol/drug evaluation and, when appropriate, provide proof of remedial education or treatment. Zero Tolerance/Underage Drinking However, if you are charged with such an offense and cannot afford to hire an attorney, the court may appoint you one. Conviction v. court supervision for Illinois DUI and driver's license The possible sentences for a misdemeanor DUI offense include Court Supervision (a non-conviction disposition), Conditional Discharge and Probation. (d) The court shall defer entering any judgment on the charges until the conclusion of the supervision. While the Illinois Office of the Secretary of State handles the enforcement of administrative penalties, such as suspension of your drivers license, you cannot be convicted without due process in criminal court. Contact them for a free consultation today! Court supervision is often the most desirable sentencing option for a DUI arrest. If a DUI offender has been arrested on a DUI offense in the past and served a term of court supervision, or was convicted, or entered a guilty plea to a reckless driving criminal charge, that individual doesn't qualify for court-imposed supervision. Cook County Traffic Ticket Defense Attorneys, Illinois Drivers License Suspensions and Revocations, How to Get Your License Back After a DUI in Illinois. However, in Illinois, court supervision isnt an option for felony offenses. Or if the person has committed at least two previous drunk driving offenses or if there were severe or fatal bodily harm involved. No new evidence may be presented during the hearing conducted by the Illinois Appellate Court. If the suspension is not rescinded by a court, a person's driving privileges will be reinstated once the summary suspension period is over and a reinstatement fee has been paid. Those requirements can include an alcohol/drug evaluation and classes, completion of a Victim Impact Panel, community service, payment of any applicable fines and court costs, and avoiding any new criminal charges. At the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, we have helped hundreds of clients facing DUI charges minimize the impact to their lives and move forward in a positive direction. Thus, you must contact an experienced and knowledgeable criminal defense attorney as soon as possible if faced with a Violation sentence or Petition to Revoke. Thus, its essential to note that a court supervision sentence is at the judges or prosecutors discretion and isnt guaranteed by any means just because youre eligible. Do You Get Drug Tested While on DUI Court Supervision in Illinois? You get a period of time (usually 12 to 24 months), where the court supervises you. If you dont complete any part of your sentence, such as failing to pay fines or completing alcohol treatment and court supervision for your DUI, you can face a violation. It can also negatively affect sentencing for any future convictions. If you are facing DUI criminal charges, contact a DUI lawyer at Dohman Law Group for legal advice. Avoiding a license revocation is ideal because it is a lengthy and cumbersome process to get it back. First, his drivers license will be suspended 46 days after the date of arrest based on either 1) a breath alcohol concentration of 0.08 or more, or 2) a refusal to take the breathalyzer test. For the most current information, please consult your lawyer. The Law Offices of Andrew Nickel, LLC will provide ample information and advice to guide you through the process. Are There Any Benefits to Going to Trial in a Criminal Case? This shows that the odds are stacked against you in your DUI case, and having the most information at your disposal can only help. While supervision is a great result for most misdemeanor charges, individuals charged with domestic battery, resisting arrest, or unlawful use of a weapon are not eligible for supervision. Criminal penalties can include: Getting your license reinstated after a suspension can be expensive and time-consuming, and you will likely see an increase in your insurance premiums. Court supervision is a sentence available once in a person's lifetime for driving under the influence (DUI) in Illinois. Effective Oct. 1, 2000 Required all court supervisions, regardless of offense, to be reported to the Sec - retary of State's office. A first offense DUI arrest is considered a Class A misdemeanor (if bodily harm was caused, the offense might be classified as a felony.) The largest drawback for most people is that it is a one-time deal. Of course, DUI can also be punished by a conviction (i.e. In Cook County, a petition to revoke is referred to as a violation. Frequently, however, the driver will appear in traffic court. Such a situation could easily happen to anyone, and, fortunately, court supervision may offer individuals a way to recover from a relatively easy mistake. You also will not lose your license from court supervision. receiving court supervision for the same offense in Illinois. Although a DUI offender may have been found guilty at trial or have entered a guilty plea, theres no conviction. In Illinois, court supervision is utilized in approximately 80 percent of first-time DUI offenses. Every effort has been made to provide accurate information at the time of publication. If a first-time offender completes court supervision successfully, that may prevent the entry of a drunk driving conviction on their public driving record. Although a DUI offender may have been found guilty at a court trial or have entered a guilty plea, theres no criminal conviction. If you do receive court supervision, the only loss of driving privileges would result from a temporary suspension based on the result of chemical testing (i.e. Also, most drivers who are arrested for a DUI or who fail or refuse to submit to a chemical test (e.g., a breathalyzer or blood test) will automatically have their driving privileges suspended, even if no DUI conviction results. Under Illinois' Zero Tolerance Law, a driver under age 21 caught with any trace of alcohol in his/her system will lose his/her driving privileges. Illinois DUI Court Supervision | Criminal Defense Attorneys For a second DUI charge, a defendant . This sentence is only available for traffic or Misdemeanor offenses and is never an option for Felonies. Based on the person's driving history and the circumstances of their drunk driving case, they may face suspension or revocation of driving privileges, hefty fines, jail time, community service, alcohol classes, and vehicle impoundment, and seizure. This might happen if they committed the DUI offense while their driving privileges were suspended or revoked for a previous drunk driving arrest or conviction. A revocation based on a DUI lasts for at least one year, and your license stays revoked indefinitely until you to go through an administrative hearing before the Secretary of State to regain driving privileges. Nothing on this site should be taken as legal advice for any individual 1st-Time DUI Court Supervision with Prior Reckless Driving Charge Home / DUI / Illinois DUI Court Supervision. Now that you understand a bit more about what court supervision is for a DUI in Illinois, consider your options. This is essential because a drunk driving conviction causes the loss of driving privileges in Illinois. If the court supervision period passes with no violations, the defendant's public record will not show an entry for the DUI charge. If the defendant complies with the conditions imposed by the court by the conclusion of the supervision period, his or her case will be dismissed and thus will not result in a conviction on his or her driving record. Supervision is generally reserved for first-time DUI offenders. Prostitution Judge PC 5/29/15; City Club 5/7/15; City Club 10/30/14; Younger Temporary Detention Center. The officer can smell beer on you and asks you to submit to a BAC test. This is known as a statutory summary suspension and usually takes effect forty six days after the driver receives a notice informing him or her of the summary suspension. 1-1-11) $50.00 Roadside Memorial Fund Fee (730 ILCS 5/5-9-1.17) Fines of $0-$2,500.00 BAC > .16 or greater Mandatory 100 hours community service Mandatory Minimum fine of $500.00 Under Illinois law, when a person successfully completes court supervision that results in a DUI sentence with no criminal conviction being entered on the finding of guilty. Getting a DUI and navigating the criminal justice system is stressful, confusing, and can be overwhelming. What Type of Behaviors Can Make an Innocent Person Appear Guilty. Illinois also recently passed a law prohibiting texting or using a cell phone in any way while driving. According to Illinois law, at the completion of the supervision period, if the judge determines the defendant has successfully complied with all the conditions of supervision, the judge will discharge the defendant and dismiss the DUI charges. Whats more, this sentence doesnt involve jail time. Call us today at 847-359-4005 or schedule an appointment online for a free case consultation. Its important to know that court supervision is only a possibility for a first-time offense. If you fail to sign the ticket, you could face an additional penalty. If you don't address these allegations properly, they can cause severe and permanent damage to your criminal record. Additionally, you will avoid the jail time you might have otherwise served, which can carry consequences in its own right. An officer can conduct a urine screen when theres suspicion of illicit drug use, alcohol abuse, or if the officer feels theres a need for one. A first-time offender has one more option to consider: court supervision. The judge who hears your case will begin by explaining your individual rights in a traffic case and will also outline how the court call will proceed. Illinois DUI Penalties Chart As a Cook County Assistant State's Attorney, he tried numerous jury trials to verdict and hundreds of trials . A driver is only eligible for court supervision on a DUI-related charge once in his or her lifetime, so subsequent charges are much more likely to result in a conviction with more serious penalties. When you get court supervision, there is no conviction entered on your record. Court supervision for a DUI is a sentencing option available to a person only once in their lifetime in Illinois. Health & Safety Code Ann. Thus, its critical to note that a court supervision sentence is at the prosecutors or judge's discretion and isnt guaranteed by any means just because you qualify. It has been said that driving is considered a privilege, not a right. It is Illinois' minimum sentence, allowing the charge (s) to be removed after some time in compliance with certain requirements.