Points are not . Court Supervision in Illinois DUI cases A driver with no prior charges for driving under the influence (DUI) or reckless driving in Illinois is typically eligible for a special disposition called court supervision. A second DUI is a Class A misdemeanor offense, which means that the sentence can be up to one year in jail and a maximum fine of $2,500. Whether you are required to appear in court for your traffic offense or choose to do so to contest the violation, you should always follow certain decorum, which includes arriving to court on time and dressing in a manner that shows respect for the court. This shows that the odds are stacked against you in your DUI case, and having the most information at your disposal can only help. Traffic courts hear more cases than any other court. Traffic violations carry penalties that can range from a maximum fine of $100 for a parking violation to a prison sentence of ten years or more for serious offenses that result in death. Typically, in Illinois, court supervision is reserved for first-time drunk driving offenders. You should be in a better position to understand the pros and cons of court supervision, and may be considering pleading guilty and accepting the court supervision sentence. It is Illinois' minimum sentence, allowing the charge (s) to be removed after some time in compliance with certain requirements. Most judges will not be lenient in this situation as you have already been given a fairly relaxed sentence. But just like everything in the law, the details are . Based on the DUI offenders driving history and the circumstances of their DUI case, they may face drivers license suspension or revocation, hefty fines, jail time, alcohol classes, community service, and vehicle impoundment and seizure. The information on this website is for general information purposes only. If you are charged with a DUI offense, you should hire an attorney immediately. Contact our Experienced Chicago Criminal Defense Lawyers Today for Legal Advice. 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. Legislation concerning the Court - Bonds, Surety; Education Outreach; Contact Us; Legal Extern Opportune Run; Picture and Photo Gallery. 2. Its purpose is to inform citizens of their legal rights and obligations. 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. Appellant entered a plea of guilty in November 2011 to the first-degree felony offense of possession of methamphetamine with the intent to deliver in a drug-free zone. DUI court supervision is a sentencing option thats available for most misdemeanor charges committed in Illinois. are here to help. That temporary suspension is called a statutory summary suspension, and lasts either 6 months or 1 year if you are a first-offender. 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. Effective Oct. 1, 2000 Required all court supervisions, regardless of offense, to be reported to the Sec - retary of State's office. An arrest and conviction dont have to be listed on your driving record, and the right lawyer can help keep your record clean. 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. Fines range from $1 to $1,000 and are either payable on the day assessed or on such later date as the court may direct. In some cases, particularly when the. After exploring all options, it may be beneficial to consider an offer of court supervision. . It is the best possible result aside from dismissal or a finding on 'not guilty' after trial on a misdemeanor offense. That means that, other than having the charges dropped, the best-case scenario would be to get charged with misdemeanor DUI without any previous record. Class B misdemeanors, such as driving on a license that has been expired for over a year and driving between 26 and 35 mph over the posted speed limit, carry possible penalties of up to six months in prison and/or a maximum fine of $1,500. An RDP allows an offender to drive on a restricted basis, but again only in a vehicle that has had a BAIID installed. 5-6-3.1. Disclaimer: The information on this website is for general information purposes only. You can consider it an opportunity granted to first-time offenders by the courts to prove that they can remain in compliance with the law for a period. In Illinois, you can bearrested for a DUIif you: A first offense DUI arrest is considered a Class A misdemeanor (if bodily harm was caused, the offense might be classified as a felony.). If the violation occurs for not completing your treatment, the prosecutor may withdraw the violation. If you are facing DUI charges, you will want to understand all of the options available to you. The defendant may be required to pay $2500 in fines. Under Illinois law, court supervision is not considered a conviction. 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. Court Supervision is a criminal sentence that is imposed on the majority of misdemeanor cases in Illinois. If you are arrested and convicted of DUI in Illinois, you'll face both administrative and criminal penalties. 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. If you decide to contest the violation(s) by pleading not guilty, your case will then proceed to a trial. Not only that, the experienced license reinstatement lawyers at Naperville DUI Lawyer can file a Petition to . The impacts of court supervision are frequently twofold: the criminal system, including prisons, is less burdened by individuals who have made a single error in judgment; and the negative effect on the accused persons future is minimized. 2023 Ktenas Law LLC. After the arresting officer and any other prosecution witnesses testify, you and any of your witnesses will be asked to testify. After the close of all the evidence, the judge (or jury) will decide whether the prosecution has proven its case. If you fail to sign the ticket, you could face an additional penalty. What Does It Mean to be Under Court Supervision? However, depending on the strength of the evidence and the probability of success at trial, court supervision can be an extremely favorable result. In that year, the legislature added additional penalties for, A preferred outcome in many driving under the influence cases is reckless driving. You can also chat with us online to learn how we can help. Is There a Downside to Court Supervision? With a first offense, you may be asking yourself the following question: Will my drivers license be revoked?. Hi , what type of case do you need help with today? However, if the violation is a consequence of a new case, your offense cannot be withdrawn unless your new case is dismissed without any sentence. Has been repeatedly involved as a driver in motor. Further consequences include: If you violate your supervision terms you face up to a year in jail. If you are charged with a DUI offense, you should hire an attorney immediately. Additionally, you will avoid the jail time you might have otherwise served, which can carry consequences in its own right. 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. Violation of a Stalking No-Contact Order. Violation of an Order of Protection. To avert receiving multiple DWIs, you should hire a skilled attorney from a local law office the first time. In addition to having driving privileges revoked, penalties for a DUI conviction vary depending on particular circumstances such as the driver's age and BAC level, whether a child was in the car at the time of the violation, and whether the driver has any previous DUI convictions. For a free initial consultation, contact our criminal defense law firm today at (312) 756-8652. As a Cook County Assistant State's Attorney, he tried numerous jury trials to verdict and hundreds of trials . Depending on the severity of the case, including the circumstances of the DUI charge, injuries caused as a result, or serious property damage, many courts may opt to impose court supervision rather than full-fledged criminal penalties. 481.112(d) (West 2010), 481.134(c) (West Supp.2015). Avoiding a criminal conviction is the top priority. If you then decide to enter a negotiated plea of guilty before your case is called at your first appearance, you should inform the judge of your negotiated plea when your case is called. 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. As already discussed, court supervision for a DUI is a one-time deal. Domestic Battery. An original disposition of supervision sentencing might be replaced with an intoxicated driving conviction. They include stop sign and red light violations, most speeding tickets, and lane change violations. At the state level, violations are classified as either petty offenses, business offenses, misdemeanors, or felony offenses and may carry more serious penalties. Are There Any Benefits to Going to Trial in a Criminal Case? 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. Even though the charges get dismissed, the arrest and court supervision will stay on your record. It is time to learn more about Illinois DUI laws, potential penalties, your options, and an answer to the question, What is court supervision?. However, in Illinois DUI court supervision isnt a sentencing option for felony offenses. Every case is unique and your DUI attorney will provide you with all of your options and a recommended course of action. A judge has the discretion to grant a sentence of court supervision only if you plead guilty. DUI court supervision is a legal option thats available for most misdemeanor charges committed in Illinois. Although a DUI offender may have been found guilty at trial or have entered a guilty plea, theres no conviction. (f) Discharge and dismissal upon a successful conclusion of a disposition of supervision shall be deemed without adjudication of guilt and shall not be termed a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime. One legal outcome available almost exclusively for first time DUI charges is court supervision. Home Blog DUI Can I Get Court Supervision for a DUI in Illinois? In Illinois, you're subject to automatic license suspension 46 days after your DUI arrest. 1813 Hicks Rd Ste BRolling Meadows, IL 60008P: (847) 359-4005Directions, 2100 Manchester RoadBuilding B Suite 915Wheaton, IL 60187P: (847) 999-7227Directions, LET'S START WITH YOURFREE CASE EVALUATION.