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). It’s the best possible outcome in a DUI case aside from dismissal or a finding of “not guilty” after trial on a misdemeanor DUI offense. However, in Illinois DUI court supervision isn’t a sentencing option for felony offenses.
If a first-time DUI offender completes court supervision successfully, that will prevent the entry of a DUI conviction on his or her public record. According to Illinois law, at the completion of the supervision period, if the judge determines the defendant has successfully complied with all the conditions of supervision, the judge will discharge the defendant and dismiss the DUI charges.
However, a drunk driving offense is also punishable by a conviction, including conditional discharge, alcohol evaluation, probation, and jail time. Thus, it’s essential to note that a court supervision sentence is at the judge’s or prosecutor’s discretion and isn’t guaranteed by any means just because you’re eligible.
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Is Court Supervision Considered a Conviction in Illinois?
In Illinois, a driver with no previous DUI charges or reckless driving charges is eligible for a special disposition called court supervision. Typically, Illinois DUI court supervision is reserved for first-time DUI offenders. Under Illinois law, court supervision when terminated concludes a DUI sentence with no conviction being entered on the finding of guilty. Although a DUI offender may have been found guilty at trial or have entered a guilty plea, there’s no conviction. This is crucial because a DUI conviction causes the loss of driving privileges in Illinois. DUI court supervision is a sentencing option that’s available for most misdemeanor charges committed in Illinois.
Court supervision is a dismissal of DUI charges. During the period of supervision, no conviction enters, and upon successful completion, the DUI case is dismissed. Thus, the defendant avoids a criminal conviction.
What is the Court Supervision for DUI in Illinois?
A DUI offender might be eligible for driver court supervision if they have never been arrested and found guilty of a DUI offense in the past, whether in Illinois or elsewhere. Illinois DUI court supervision won’t appear on a driver’s public record after the period of supervision is over, nor will it affect your driving privileges.
Since implementing the Illinois statutory summary suspension law in 1986, the Illinois Secretary of State’s 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. Because the secretary of state’s office tracks all court supervisions, it’s easy to identify repeat DUI offenders, which allows judges to impose criminal penalties based on a clear picture.
If a defendant has been arrested on a drunk driving charge in the past and served a term of court supervision, or was convicted, or entered a guilty plea to a reckless driving charge, that person is ineligible for court-imposed supervision. Based on the DUI offender’s driving history and the circumstances of their DUI case, they may face driver’s license suspension or revocation, hefty fines, jail time, alcohol classes, community service, and vehicle impoundment and seizure.
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. This might happen if they committed the driving under the influence offense while their driver’s license was suspended or revoked for a previous DUI arrest or conviction. Or if the defendant has committed at least two previous DUIs or if there were severe or fatal injuries involved.
If the court grants a driver court suspension for a DUI offense, that driver isn’t subject to the mandatory criminal penalties of the DUI conviction. Illinois law prohibits judges from granting court supervision to a person more than once in a lifetime for drunk driving charges.
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. Our criminal defense team knows which defense strategies are effective in court and how to challenge the evidence gathered by law enforcement and presented by the prosecution. For a free initial consultation, contact our criminal defense law firm today at (312) 756-8652.
What Happens if You Violate Illinois DUI Court Supervision?
An original disposition of supervision sentencing can be replaced with a DUI conviction. This makes a significant difference between having a public criminal record and avoiding a permanent criminal record.
In severe cases of Illinois DUI court supervision violation, a judge can impose county jail time for misdemeanor offenses or a prison sentence for felony DUI offenses.
For defendants sentenced to Illinois DUI court supervision, these allegations are serious not only for the reasons stated above but also because they risk driver’s license suspension or revocation. 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.
Thus, you must contact an experienced and knowledgeable criminal defense attorney as soon as possible if faced with a Violation sentence or Petition to Revoke. If these allegations aren’t addressed properly, they can cause severe and permanent damage to your record. The Chicago DUI defense lawyers at Ktenas Law can provide a strong defense to those facing these allegations in Chicago. Contact our criminal defense law firm today at (312) 756-8652 to find the criminal defense representation you deserve.
Do You Get Drug Tested on DUI Court Supervision in Illinois?
During your term of supervision, officers may collect random urine screens from you. Illinois law requires officers to conduct a minimum of one urine screen per year in all court supervision cases. An officer can conduct a urine screen when there’s suspicion of illicit drug use, alcohol abuse, or if the officer feels there’s a need for one. Also, breath alcohol screening tests may be conducted alongside urine screens.
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