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Driving under the influence (DUI) is a serious crime in Illinois. When you are charged with DUI in Illinois there are several possible outcomes. The best case scenario is that your case will be dismissed or you will be found not guilty. If you are convicted of driving under the influence, there are a variety of possible penalties, including:
- supervised supervision
- conditional discharge
- up to one year in jail
- up to a $2,500 fine
What is DUI Court Supervision?
If you get court supervision for a DUI charge, the conviction will not be entered immediately. Instead the court will “supervise” you for a period of time, typically one year, after which the charge will be dismissed without a conviction. As long as you successfully complete the supervision period, the charge is dismissed.
What is Required During Court Supervision?
You must fulfill all requirements to successfully complete the period of supervision. There are several requirements for court supervision, including:
- stay out of legal trouble
- complete alcohol education/treatment
- pay all your fines
What are the Benefits of Court Supervision?
Court supervision is the least serious penalty imposed for a DUI conviction. If you fulfill all the requirements, you will not have a conviction on your record. You will avoid jail time. Another benefit, is that a disposition of Court Supervision means that your driver’s license will not be revoked. Any other disposition of conviction will result in getting your license revoked. Avoiding a license revocation is ideal because there is a lengthy process to get your license reinstated. In order to have your license reinstated, you will need to:
- Attend a hearing with Secretary of State
- Complete drug/alcohol evaluation
- Complete driver risk education course
- Complete alcohol counseling
- Pay the $500 reinstatement fee
What are the Downfalls of Court Supervision?
Court supervision is a one chance disposition. Once you’ve had court supervision for a DUI charge, you can’t get court supervision again for subsequent DUI charges. It doesn’t matter if you don’t have another DUI for 25 years; you can’t get court supervision a second time. Other problems with court supervision include:
- Possible deportation―federal immigration takes any guilty verdict very seriously, even court supervision. It is possible to face deportation if you are here legally or illegally.
- Not all cases of court supervision are expunged―expungement does not take place automatically. You must petition the court for expungement if you are eligible. Not all cases of court supervision are eligible; DUI supervisions cannot be expunged.
- Can affect sentencing of future convictions―Federal Sentencing Guidelines take a person’s past criminal history into account for sentencing purposes. Court supervision counts and can increase the penalty if you are ever convicted of another crime.
What Happens if I Violate My Court Supervision?
Violations of Court Supervision can be punishable by up to a year in jail. Judges take violations very seriously and will enact penalties accordingly.
How Do I Know if I Should Plead Guilty to Get Court Supervision?
Every DUI case is different. It is important to seek the help of an accomplished Illinois DUI Attorney if you are charged with a DUI. Contact Dennis F. Dwyer, DUI Defense Attorney, to have him review your case and discuss your best options.