Court Supervision DUI Missteps
If you don’t 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. Many people also face violations if they get arrested for other crimes during their court supervision period.
If you face a violation for failing to pay the fine, you can pay the fine before your trial date. If the violation occurs for not completing your treatment, the prosecutor may withdraw the violation.
Your attorney can request more time for you to complete the treatment if you need it. However, if the violation is a consequence of a new case, your offense cannot be withdrawn unless your new case is dismissed without any sentence.
It’s always important to avoid a conviction by doing everything the court orders every time. Remember, if you lose court supervision on this type of case, your license can be revoked. What’s more, if you’re re-sentenced and convicted by another court in the future, you’ll be more likely to be sentenced by other courts simply because you failed to complete the previous sentence.
Requesting DUI Court Supervision Illinois
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. 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.
The legal system typically considers an individual’s first DUI arrest a Class A misdemeanor. However, if the offense resulted in bodily harm, it might be charged as a felony. 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.
Depending on your case, your attorney should assist by advocating for court supervision. If the courts find that your case merits court supervision, they will start supervising you for some time, usually between 12 and 24 months.
Illinois DUI Court Supervision Rules
If you follow the Illinois DUI court supervision rules and complete the supervision period successfully, you won’t receive a conviction on your record. Some of the requirements that you have to meet to complete the sentence include the following:
- Staying out of legal trouble
- Paying all fines and court-related costs
- Completing alcohol treatment or education
- Participating in community service
- Avoiding violations of the court supervision
Just remember that the requirements usually vary depending on the offender, the offense, and the court.
If you fail to complete your DUI court supervision successfully, you can be re-sentenced following the filing of a “Petition to Revoke Court Supervision.” The prosecutor may prove to the court that you violated the court supervision conditions, which could lead to a full sentencing range of the initial charge: a $2,500 fine, a year in jail, or a suspension or revocation of your driving privileges. It will also be placed on your driving record.
Since court supervision is a one-time deal, you should never expect to receive it for a subsequent DUI charge.
Will My Driver’s License Be Revoked?
With a first offense, you may be asking yourself the following question: “Will my driver’s license be revoked?”
One of the most significant benefits of court supervision, aside from avoiding jail time, is that it prevents first-time offenders from having their licenses suspended. 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.
Remember that losing your license is something you want to avoid, as getting it back is often a long and frustrating process. Some of the things you’ll need to get your license reinstated include the following:
- Completing a drug and alcohol evaluation
- Attending a hearing
- Completing an alcohol counseling program
- Paying a $500 fee
If you become a second-time offender, however, you can expect your driver’s license to be revoked without the option of receiving court supervision. You have to go through the process highlighted above before the Illinois Secretary of State restores the license.
A third offense within ten years is prosecuted as a DUI felony and may result in vehicle forfeiture. To avert receiving multiple DWIs, you should hire a skilled attorney from a local law office the first time.
Can Court Supervision for DUI Be Expunged or Sealed?
Many people convicted of a DWI wonder: Can court supervision for DUI be expunged or sealed?
Expungement refers to the elimination of a conviction from someone’s criminal record, and record sealing is a similar term. Rather than removing the criminal conviction, the court seals it to keep it from being seen by members of the public. In this case, the conviction still exists legally and physically.
Under Illinois law, although court supervision for DUI cannot be expunged or sealed, it doesn’t enter your public record.
Reach Out to a Chicago, IL Law Office After an Arrest for Driving Under the Influence
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. An arrest and conviction don’t have to be listed on your driving record, and the right lawyer can help keep your record clean.
The Law Offices of Andrew Nickel, LLC will provide ample information and advice to guide you through the process. Contact them for a free consultation today!
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