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This basic information is meant only to answer some questions regarding DUI cases. For more information and a more complete explanation of your rights, please call Scott W. Sheen for a free telephone or office consultation.
1. CRIMINAL CHARGES
- DUI is usually charged as a Class A misdemeanor, which carries a penalty of up to 364 days in the county jail and/or a fine up to $2,500.00. However, DUI can also be charged as a Felony*
- You are entitled to a trial by jury or a trial before a judge without a jury, but you are not required to go to trial or motion*. Instead, you may enter into a negotiated plea with the prosecutor or enter a "blind" plea before the court. You can also contest your DUI through a motion to Quash and Suppress evidence alleging an illegal stop, detention, search, & seizure.
2. SENTENCING
- Court Supervision*
- If you have never been convicted of or received supervision for a DUI, you may be eligible for court supervision.
- If you satisfy all of the terms of your supervision, your case will be dismissed following the period of supervision. This allows you to keep your license!
- Typically, supervision lasts for 1 year, but can last up to 2 years.
- Alcohol evaluation
- You must obtain an alcohol evaluation from a state licensed alcohol/drug evaluator before you can get supervision.
- Terms of supervision*
Possible terms of supervision include, but are not limited to, the following:
- Completion of alcohol treatment
- Payment of fine/court costs
- Completion of Victim Impact Panel
- Completion of community service
- Complete an ARM Program*
- BAID Device
- Wear a SCRAM Bracelet
- You must not commit any crimes, serious traffic violations, or alcohol/drug related offenses during the period of supervision.
- Conviction vs. Supervision
If you are convicted (different than suspension) of DUI, the Secretary of State will revoke your driver’s license for a period of at least 1 year. If you successfully complete the terms of supervision, you will not receive a conviction for DUI thus keep your license.
3. SUMMARY SUSPENSION
- Your driver’s license will be suspended if you are arrested for DUI and either (a) you submit to a chemical test which reveals an alcohol concentration of 0.08 or greater or (b) you refuse to submit to a chemical test.
- The suspension of your license is civil case separate from the DUI criminal charge of DUI. Judicial Driving Permits will not be available for cases after January 1, 2009.
- Commencement of suspension
Suspension commences on the 46th day following receipt of notice of suspension, usually the date of arrest.
- Length of suspension
The length of suspension depends on whether you are a first offender for implied consent purposes and whether you submit to or refuse chemical testing.
- First Offender
For implied consent purposes, a first offender is one who has not had a previous conviction, court supervision or been suspended for DUI within 5 years of the date of the arrest.
- Six month suspension
If you are a first offender and submit to chemical testing showing 0.08 or more, your license will be suspended for 6 months.
- Twelve month suspension
If you are not a first offender and you refuse chemical testing, your license will be suspended for 12 months.
If you are not a first offender and you submit to chemical testing showing 0.08 or more, your license will be suspended for 12 months.
- Entitled to a hearing
You are entitled to a hearing before a judge within 30 days of making a written request for the hearing to determine if your license should be suspended. If you prevail, the suspension will be lifted. If you do not, you will obtain
- Statute of Limitation
You only have 90 days from the date of the Notice of Suspension to file to contest your suspension.
4. MONITORING DEVICE DRIVING PERMIT
If you are a first, you may be entitled to a Driving Permit (MDDP) to allow you to drive your vehicle after the first 30 days of your suspension. You are also allowed a permit if you drive an employers vehicle. If you had a previous conviction, court supervision or have been suspended for DUI within 5 years of the date of the arrest, you are not eligible for a Driving Permit (MDDP).
MDDP Procedures:
- The Court shall issue a MDDP order to the Secretary of State if you are a first time offender. Once the Secretary of state issues the MDDP permit, you will have 14 days to get a BAID Device installed into your vehicle in order to drive.
Required Fees:
- Secretary of State fee $30.00 per month, must be paid upfront.
- BAID Installment fee to provider.
- BAID Rental fee to provider.
- You will be required to check in with the provider once every 30 days so the provider can download the information from your BAID device to transmit to the Secretary of State.
- For BAID infractions the Secretary of State can lengthen your supervision or terminate your BAID privileges during the suspension. Therefore, you must keep a journal if there are any problems with the device in order to fight any violations.
Effective date of MDDP
The MDDP is not effective for the first 30 days of the suspension. The MDDP starts after the Secretary of State issues the order for MDDP and you will receive the MDDP from the Secretary of State. It is effective to the end of the suspension.
5. LICENSE REINSTATEMENT
First offenders must pay a $250 reinstatement fee to the Secretary of State to get their drivers license reinstated following termination of the summary suspension. Second offenders must pay $500.*
6. ZERO TOLERANCE*
If you are not at least 21 on the date of arrest, your license can be suspended if you either (a) refuse chemical testing, or (b) submit to chemical testing which reveals any amount of alcohol.
MULTIPLE OFFENDER AGGRIVATED DUI SENTENCING
If the State files a felony charge, you may be subject to:
- Fourth DUI Violation: Non probationable Class Two Felony with a minimum of three years in the Illinois Department of Corrections.
- Fifth DUI Violation: Non probationable Class One Felony with a minimum of four years in the Illinois Department of Correction.
- Sixth or more DUI Violation: Non probationable Class X with a minimum of six years in the Illinois Department of Correction.
FELONY ENHANCEMENT
The State’s Attorney’s office can enhance even your first DUI to a felony charge if you were caught driving under the influence with:
- Driving without a valid license or suspended license.
- Driving without vehicle insurance
- Driving during a statutory summary suspension
- Two or more prior DUI violations
- Causing great bodily harm in an accident.
*Important restrictions and conditions may apply. Please call for more information.
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This basic information is meant only to answer some questions regarding DUI cases. For more information and a more complete explanation of your rights, please call Scott W. Sheen for a free telephone or office consultation.
1. CRIMINAL CHARGES
- DUI is usually charged as a Class A misdemeanor, which carries a penalty of up to 364 days in the county jail and/or a fine up to $2,500.00. However, DUI can also be charged as a Felony*
- You are entitled to a trial by jury or a trial before a judge without a jury, but you are not required to go to trial or motion*. Instead, you may enter into a negotiated plea with the prosecutor or enter a "blind" plea before the court. You can also contest your DUI through a motion to Quash and Suppress evidence alleging an illegal stop, detention, search, & seizure.
2. SENTENCING
- Court Supervision*
- If you have never been convicted of or received supervision for a DUI, you may be eligible for court supervision.
- If you satisfy all of the terms of your supervision, your case will be dismissed following the period of supervision. This allows you to keep your license!
- Typically, supervision lasts for 1 year, but can last up to 2 years.
- Alcohol evaluation
- You must obtain an alcohol evaluation from a state licensed alcohol/drug evaluator before you can get supervision.
- Terms of supervision*
Possible terms of supervision include, but are not limited to, the following:
- Completion of alcohol treatment
- Payment of fine/court costs
- Completion of Victim Impact Panel
- Completion of community service
- Complete an ARM Program*
- BAID Device
- Wear a SCRAM Bracelet
- You must not commit any crimes, serious traffic violations, or alcohol/drug related offenses during the period of supervision.
- Conviction vs. Supervision
If you are convicted (different than suspension) of DUI, the Secretary of State will revoke your driver’s license for a period of at least 1 year. If you successfully complete the terms of supervision, you will not receive a conviction for DUI thus keep your license.
3. SUMMARY SUSPENSION
- Your driver’s license will be suspended if you are arrested for DUI and either (a) you submit to a chemical test which reveals an alcohol concentration of 0.08 or greater or (b) you refuse to submit to a chemical test.
- The suspension of your license is civil case separate from the DUI criminal charge of DUI. Judicial Driving Permits will not be available for cases after January 1, 2009.
- Commencement of suspension
Suspension commences on the 46th day following receipt of notice of suspension, usually the date of arrest.
- Length of suspension
The length of suspension depends on whether you are a first offender for implied consent purposes and whether you submit to or refuse chemical testing.
- First Offender
For implied consent purposes, a first offender is one who has not had a previous conviction, court supervision or been suspended for DUI within 5 years of the date of the arrest.
- Six month suspension
If you are a first offender and submit to chemical testing showing 0.08 or more, your license will be suspended for 6 months.
- Twelve month suspension
If you are not a first offender and you refuse chemical testing, your license will be suspended for 12 months.
If you are not a first offender and you submit to chemical testing showing 0.08 or more, your license will be suspended for 12 months.
- Entitled to a hearing
You are entitled to a hearing before a judge within 30 days of making a written request for the hearing to determine if your license should be suspended. If you prevail, the suspension will be lifted. If you do not, you will obtain
- Statute of Limitation
You only have 90 days from the date of the Notice of Suspension to file to contest your suspension.
4. MONITORING DEVICE DRIVING PERMIT
If you are a first, you may be entitled to a Driving Permit (MDDP) to allow you to drive your vehicle after the first 30 days of your suspension. You are also allowed a permit if you drive an employers vehicle. If you had a previous conviction, court supervision or have been suspended for DUI within 5 years of the date of the arrest, you are not eligible for a Driving Permit (MDDP).
MDDP Procedures:
- The Court shall issue a MDDP order to the Secretary of State if you are a first time offender. Once the Secretary of state issues the MDDP permit, you will have 14 days to get a BAID Device installed into your vehicle in order to drive.
Required Fees:
- Secretary of State fee $30.00 per month, must be paid upfront.
- BAID Installment fee to provider.
- BAID Rental fee to provider.
- You will be required to check in with the provider once every 30 days so the provider can download the information from your BAID device to transmit to the Secretary of State.
- For BAID infractions the Secretary of State can lengthen your supervision or terminate your BAID privileges during the suspension. Therefore, you must keep a journal if there are any problems with the device in order to fight any violations.
Effective date of MDDP
The MDDP is not effective for the first 30 days of the suspension. The MDDP starts after the Secretary of State issues the order for MDDP and you will receive the MDDP from the Secretary of State. It is effective to the end of the suspension.
5. LICENSE REINSTATEMENT
First offenders must pay a $250 reinstatement fee to the Secretary of State to get their drivers license reinstated following termination of the summary suspension. Second offenders must pay $500.*
6. ZERO TOLERANCE*
If you are not at least 21 on the date of arrest, your license can be suspended if you either (a) refuse chemical testing, or (b) submit to chemical testing which reveals any amount of alcohol.
MULTIPLE OFFENDER AGGRIVATED DUI SENTENCING
If the State files a felony charge, you may be subject to:
- Fourth DUI Violation: Non probationable Class Two Felony with a minimum of three years in the Illinois Department of Corrections.
- Fifth DUI Violation: Non probationable Class One Felony with a minimum of four years in the Illinois Department of Correction.
- Sixth or more DUI Violation: Non probationable Class X with a minimum of six years in the Illinois Department of Correction.
FELONY ENHANCEMENT
The State’s Attorney’s office can enhance even your first DUI to a felony charge if you were caught driving under the influence with:
- Driving without a valid license or suspended license.
- Driving without vehicle insurance
- Driving during a statutory summary suspension
- Two or more prior DUI violations
- Causing great bodily harm in an accident.
*Important restrictions and conditions may apply. Please call for more information.
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