A driver with no prior charges for driving under the influence (DUI) or reckless driving in Illinois is typically eligible for a particular disposition called court supervision. First-time DUI offenders can opt for supervision. Court supervision under Illinois DUI law, when terminated, concludes the sentence with no judgment of conviction ever being entered on the finding of guilty. While a person might have been found guilty at trial or have entered a guilty plea, there is no conviction. Supervision is critical because a conviction results in the revocation of driving privileges in Illinois.
A person may be eligible for court supervision if they have never been arrested and found guilty of the offense of DUI before, whether in Illinois or elsewhere. Court supervision will not appear on a person’s public driving record after the term of supervision is over, nor will it affect their driving privileges.
If a person has previously been arrested on a DUI charge, served a term of court supervision, was convicted, or entered a guilty plea to a charge of reckless driving, that person is not eligible for supervision. Depending upon that person’s driving history and the specific facts of their case, they may face revocation of their driver’s license, fines, jail time, community service, alcohol classes, and vehicle impoundment and seizure. A second or third offender can be upgraded from a misdemeanor DUI to a felony DUI depending upon driving history and the facts of the case. If the DUI was committed while their license was suspended or revoked for a previous DUI arrest or conviction, if a person has committed at least two prior DUIs or if there were severe or fatal injuries involved.
The Illinois Secretary of State’s office has been able to track DUI cases from arrest to case disposition since the Illinois statutory summary suspension law in 1986, as all Illinois courts have been required to report case dispositions for all DUIs to the secretary of state since 1984. Because the secretary of state’s office records all court supervisions, repeat offenders are quickly identified, enabling judges to impose penalties based on a complete picture.
If a judge grants a driver court supervision for an offense, the driver is not subject to the mandatory penalties of the conviction; the judge determines the Illinois DUI penalties within a series of guidelines set by the law. Judges cannot grant court supervision to a driver more than once in a lifetime for a DUI offense.
Call the Law Office of Toma Makedonski for a free consultation. We offer an upfront, flat affordable fee on all DUI cases. Chicago, Illinois, Northside DUI/Traffic Lawyer.
773-727-5491