Are You Required To Be Supervised By The Courts?
When you are ordered to undergo court supervision after a DUI or other criminal charge, you need to take the consequences seriously.
- 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.
- 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:
- Alcohol evaluation/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
- Community Service –may be mandatory if you score above a .16 on a Breath Alcohol test.
- 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 allowing you to keep your license.
Device Driving Permit
Under certain circumstances, you may be entitled to a Driving Permit (MDDP) to allow you to drive your vehicle during 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).
- The Court will 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
You are eligible for the MDDP when the suspension starts. The MDDP starts after the Secretary of State issues the order for MDDP and then you will receive the MDDP from the Secretary of State. It is effective to the end of the suspension.
Driver’s 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.*
Zero Tolerance *
If you are not at least 21 on the date of arrest, your license can be suspended if you either
- refuse chemical testing, or
- submit to chemical testing which reveals any amount of alcohol.
This is an administrative suspension. You can challenge a zero tolerance suspension only through the Secretary of State. If you suffer a zero tolerance suspension you must pay a reinstatement fee to the Secretary of State to make your license valid.
Multiple Offender Aggravated DUI Sentencing
If the State files a felony charge, you may be subject to:
- Fourth DUI Violation: Non probational Class Two Felony with a minimum of three years in the Illinois Department of Corrections.
- Fifth DUI Violation: Non probational Class One Felony with a minimum of four years in the Illinois Department of Correction.
- Sixth or more DUI Violation: Non probational Class X with a minimum of six years in the Illinois Department of Correction.
Contact Us To Schedule A Consultation
Want to learn more about your specific situation? Call our offices at 630-443-6200 or fill out the email form with a brief explanation of what you need help with.