Expungement refers to the elimination of a conviction from someones criminal record, and record sealing is a similar term. Drivers with a commercial driver's license (CDL) who are arrested for DUI are subject to additional penalties regarding their specialized licenses. We serve the following localities: Cook County including Chicago, Rolling Meadows, Skokie, Bridgeview, Maywood, and Markham; Lake County including Waukegan, Mundelein, Park City, and Round Lake Beach; DuPage County including Wheaton, Addison, Downers Grove, and Glendale Heights; and Will County including Joliet and Bolingbrook. Illinois law prohibits judges from granting court supervision to a person more than once in a lifetime for drunk driving charges. This is a huge benefit, as you can continue going to school, work, and any other day-to-day activities you might be engaged in. 2011 Illinois DUI Sentencing Guide First Offense Class A Misdemeanor Court Supervision up to 2 years DUI Tech Fee $750.00 (P.A. An officer can perform a urine screen when theres suspicion of alcohol abuse, illicit drug use, or if the officer feels theres a need to conduct one. What is Court Supervision for a DUI in Illinois? | John M. Quinn During the period of supervision, no conviction enters, and upon successful completion, the DUI case is dismissed. It is the best possible result aside from dismissal or a finding on 'not guilty' after trial on a misdemeanor offense. What is Court Supervision? Chicago Criminal Lawyer Blog December 8 In a court supervision scenario, the offender pleads guilty to the DUI charge. The reason is reckless driving does not, Penalties for first DUI offense in Illinois, Arrest for DUI without a valid drivers license: felony, DUI charge reduced to reckless driving not completely accurate, How prosecutors prove DUI in Illinois courts, Eligibility for restricted driving permit (hardship license). However, in Illinois, court supervision isnt an option for felony offenses. I have read and understand the Disclaimer and Privacy Policy. 5-6-3.1. Some of the requirements that you have to meet to complete the sentence include the following: Just remember that the requirements usually vary depending on the offender, the offense, and the court. This is massively beneficial as losing your license can result in you withdrawing from school, losing your job, and impact any day-to-day activities that require a car. There are also some drawbacks to supervision. Also, chemical tests may be conducted alongside urine screens. 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. For all other traffic violations of state law, the prosecution's burden is the heavier one of "beyond a reasonable doubt." 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. But just like everything in the law, the details are . A third offense within ten years is prosecuted as a DUI felony and may result in vehicle forfeiture. Court supervision is often the most desirable sentencing option for a DUI arrest. The maximum fine for first DUI is only $2,500.00, a minimum fine of $500.00 if your BAC was .16% or more, and a minimum fine of $1,000.00 if you were transporting a passenger under 16 years of age, but this does not count any of the court costs. ICJIA | Illinois Criminal Justice Information Authority Again, court supervision is a one-time deal; you cannot receive court supervision for a second or subsequent DUI charge. Are Plea Agreements Common in Federal White-Collar Cases? Every effort has been made to provide accurate information at the time of publication. In Illinois, a driver with no previous DUI charges or reckless driving charges is eligible for a special disposition called court supervision. Criminal offenses that can be expunged or sealed | Illinois Legal Aid Some of the things youll need to get your license reinstated include the following: If you become a second-time offender, however, you can expect your drivers license to be revoked without the option of receiving court supervision. 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. Contact our Kane County criminal defense law firm today at 847-999-7616 to find the criminal defense representation you deserve. Illinois law requires officers to conduct a minimum of one urine screen per year in all court supervision cases. This is where anexperienced DUI attorneycomes in. When you get court supervision, there is no conviction entered on your record. OFF SITE/EVENING & WEEKEND APPOINTMENTS AVAILABLE, 2023 Law Offices of Hal M. Garfinkel LLC. He or she may be required to attend traffic school in some cases. If you are facing DUI charges, you will want to understand all of the options available to you. In Illinois, a defendant with no previous DUI charges or reckless driving charges qualifies for a special disposition called court supervision. If you need a lawyer and do not have one, call Illinois Lawyer Finder at (800) 922-8757 or online www.IllinoisLawyerFinder.com. Hundreds of thousands of traffic cases are heard each year in courts throughout Illinois. A second offense for driving under the influence (DUI) can be scary. Supervision on Battery Charges? | Chicago Criminal Defense Attorney However, a DUI criminal offense is also punishable by a criminal conviction, including alcohol evaluation, conditional discharge, probation, and potential jail time. If a judge re-sentences you on a DUI charge, and your court supervision sentence either ends unsatisfactory or is upgraded to conditional discharge or probation, a report of that DUI conviction will be reported to the Illinois Secretary of State and a license revocation will be entered on your driving record. Sentencing: supervision and violations resulting in petition to revoke What To Expect From A First Time DUI Charge In Illinois The experienced Chicago criminal defense attorneys at Ktenas Law have defended thousands of clients against DUI charges throughout the Chicago area courts, including Cook County, Dupage County, and Lake County. Avoiding a license revocation is ideal because it is a lengthy and cumbersome process to get it back. Two blocks from your house, you roll through a stop sign and get pulled over. If you face mandatory DUI court supervision in Illinois, you should retain the services of a reputable criminal defense attorney to represent you at your hearings. If you are facing DUI criminal charges, contact a DUI lawyer at Dohman Law Group for legal advice. What Happens if You Violate Illinois DUI Court Supervision? Because a first DUI offense is a Class A misdemeanor in Illinois, if you're arrested and charged with this crime you'll face a potential jail time of one year and fines of up to $2,500. But the most important consequence of a second time DUI is that it can revoke your driver's license. Typically, in Illinois, court supervision is reserved for first-time drunk driving offenders. In Illinois, court supervision is a sentence that's available once in a person's lifetime for driving under the influence of alcohol or drugs (DUI). If the defendant is not barred from receiving an order for supervision as provided in this subsection, the court may enter an order for supervision after considering the circumstances of the offense, and the history, character and condition of the offender, if the court is of the opinion that: (1) the offender is not likely to commit further DUI Court Supervision In Illinois | First Time DUI Plea How Much Does it Cost to Reinstate Your Illinois Drivers License? You also will not lose your license from court supervision. Theyll be able to help you weigh your options, understand what court supervision entails, and guide to the best outcome for your case. Legislation concerning the Court - Bonds, Surety; Education Outreach; Contact Us; Legal Extern Opportune Run; Picture and Photo Gallery. Do You Get Drug Tested on DUI Court Supervision in Illinois? Even though the charges get dismissed, the arrest and court supervision will stay on your record. What Does It Mean to be Under Court Supervision? Since implementing the Illinois statutory summary suspension law in 1986, the Illinois Secretary of States office has tracked all DUI cases from arrest to case disposition and Illinois criminal courts are required to report case dispositions for all DUI cases to the secretary of state since 1984. Under an order of supervision, the defendant is usually required to pay a fine and/or attend traffic school and is placed on a supervision for a specified period of time. This makes a substantial difference between avoiding a permanent criminal record and having a public criminal record. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. However, in Illinois DUI court supervision isnt a sentencing option for felony offenses. They will be able to explain the different scenarios you can face (e.g. In some cases, particularly when the. At the municipal or county level, traffic violations are indicated in ordinances and are usually punishable only by a fine. According to Illinois drunk driving law, at the completion of the supervision period, if the court establishes the defendant has successfully complied with all the requirements of supervision, the court will discharge the DUI offender and dismiss the drunk driving charges. Depending on your case, your attorney should assist by advocating for court supervision. While you are starting to feel the effects of the alcohol, you know you are going home to eat, and you did not have that much to drink. Zero Tolerance/Underage Drinking First-time DUI offenders whose privileges have been suspended may obtain a Monitoring Device Driving Permit (MDDP) that will allow him or her to drive anywhere at any time during the summary suspension period so long as he or she is driving a car in which a Breath Alcohol Ignition Interlock Device (BAIID) has been installed. You stay for an hour or two, enjoy a few laughs and a couple beers, and then head home for a late dinner. If you are charged with a DUI offense, you should hire an attorney immediately. Orders of Protection & Restraining Orders, Different Defense Strategies for Defending Against a Federal Drug Charge. 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. For a free no-cost consultation, call us today. 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. Court supervision is the minimum sentence in Illinois, allowing charge(s) to be dismissed after a period of time and compliance with certain conditions. 481.112(d) (West 2010), 481.134(c) (West Supp.2015). Disclaimer: The information on this website is for general information purposes only. 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. Or if the person has committed at least two previous drunk driving offenses or if there were severe or fatal bodily harm involved. Drivers License ReinstatementHardship LicenseDUI License SuspensionRevoked LicenseBMO Permit / Probationary Permits, About UsBlogTestimonialsContact UsResources, Copyright 2022 John M. Quinn & Associates, Ltd., All Right Reserved. Supervision is somewhat like a continuance, postponement, or deferment of the case for a period of time. The law in Illinois provides the following: Sec. Illinois court supervision | Forum.FreeAdvice.com 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. The prosecution has the burden of proving its case against you. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Also, their DUI case may be upgraded from a misdemeanor to a felony offense, depending on their driving history and the details of their case. Although your case may proceed to trial at your first court appearance in some circumstances, typically the only thing that will occur at this initial hearing is your official plea of guilty or not guilty. In Illinois, court supervision is utilized in approximately 80 percent of first-time DUI offenses. Copyright 2013-2022 The Law Offices of Dennis F. Dwyer. This shows that the odds are stacked against you in your DUI case, and having the most information at your disposal can only help. If a person received a DUI or a statutory summary suspension within the last five years prior to his or her new DUI arrest, he or she faces a longer statutory summary suspension period, one year if the person tests above the legal limit or tests positive for an illegal substance and three years if the person refuses or fails to submit to chemical testing. Be Prepared: How to Prepare For DUI Court. However, other states do not offer supervision, so an out of state DUI will typically mean a conviction and automatic revocation. Even though there are benefits to court supervision, there are a few downfalls that you should be aware of. Traffic Tickets Eligible for Supervision in Illinois: 12-Month Restriction Choosing to proceed in this manner, however, will usually result in a conviction on the driver's record for the citation. An experienced DUI attorney can help you weigh your options and clearly understand what court supervision involves so you know the ideal outcome for your case. To avert receiving multiple DWIs, you should hire a skilled attorney from a local law office the first time. A conviction is mandatory. You're entitled to a court hearing to fight the license suspension, and there's a deadline to do this. It can also negatively affect sentencing for any future convictions. The suspension is called a statutory summary suspension. Avoiding a criminal conviction is the top priority. Following state law, the court will pass a judgment dismissing the charges if the defendant successfully complies with all of the conditions of supervision during this time. Illinois also recently passed a law prohibiting texting or using a cell phone in any way while driving. Court supervision is a sentence available once in a person's lifetime for driving under the influence (DUI) in Illinois. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. However, if you are charged with such an offense and cannot afford to hire an attorney, the court may appoint you one. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Understanding your choices fully, including the possible penalties you can face is essential to making the best possible decision. You must file a notice to appeal within 30 days after the traffic court has made its final decision. An intoxicated driving offender may qualify for court supervision if they have never been arrested and found guilty of a drunk driving offense in the past. Administrative penalties include a licenserevocation. If the prosecutor proves to the judge that you violated the conditions of court supervision, than you face the full sentencing range of the original charge, which is up to one-year in jail and a $2,500.00 fine. Disclaimer: The information on this website is for general information purposes only. It is the best possible result aside from dismissal or a finding on not guilty after trial on a misdemeanor offense. 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. First Offense Class A Misdemeanor Court Supervision up to 2 years DUI Tech Fee $500.00 Fines of -2,500.00 BAC > .16 or greater Mandatory 100 hours community service Mandatory Minimum fine of $500.00 Passenger < under16 years old Subject to 6 months jail or 25 days community service in a program benefitting children Mandatory minimum $1000 fine Remember, if you lose court supervision on this type of case, your license can be revoked. If at any point in your life you face another DUI charge you will be ineligible for court supervision. What Are the Benefits of Court Supervision? The court supervision was completed successfully and the case was then dismissed or Nolle Pros. Tagged as: 730 ILCS 5/5-6-1 (k), court supervision, driver . Call today for a free consultation. Illinois DUI Penalties - 2008. This information is not intended to create, and receipt conditional discharge, probation, and jail time). Under Illinois law, court supervision when terminated concludes a DUI sentence with no conviction being entered on the finding of guilty. Contact our Experienced Chicago Criminal Defense Lawyers Today for Legal Advice. Illinois law prohibits judges from granting court supervision to DUI offenders more than once in their lifetime for drunk driving charges. Contact an experienced Chicago criminal defense attorney today for more information. Contact an Experienced Kane County Criminal Defense Lawyer Today for Legal Advice. This sentence is only available for traffic or Misdemeanor offenses and is never an option for Felonies. Illinois CDL Violations | Understanding Illinois CDL Laws We will help you understand the charges brought against you, help you weigh your options, and begin building an aggressive defense strategy for your case. Court supervision is not an available sentencing option for felony offenses. In Illinois, court supervision is utilized in approximately 80 percent of first-time DUI offenses. Court Supervision and First-Time DUI Offenders Cook County Traffic Ticket Defense Attorneys, Illinois Drivers License Suspensions and Revocations, How to Get Your License Back After a DUI in Illinois. Court Supervision Defined Under Illinois law, for most misdemeanor offenses, a presiding judge may elect to place a defendant under the supervision of the court rather than immediately handing down a conviction. That is a big benefit, as it means that after the trial, you can resume your everyday activities, such as going to work and school using your vehicle.