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A first-time DUI offender in Illinois has more options than other offenders. After a first offense, you may be eligible to receive court supervision. If you successfully complete the terms of your court supervision, there will be no DUI conviction on your record, and you will be able to avoid a long-term driver’s license suspension. But if you can’t meet the court’s requirements, you can face all the penalties set out in the law, including a heavy fine and possible jail time.
Are you eligible for court supervision, and what do you need to do to complete it?
Who Qualifies for Court Supervision after a DUI
To receive court supervision, you must plead guilty or stipulate to the facts surrounding your arrest. Your DUI attorney will request court supervision for you. An Illinois court can only grant supervision for a DUI offense once.
A judge may agree to grant supervision if you have:
- No DUI violations in any other state or under any other ordinance
- No driver’s license suspensions in any state for refusal to submit to chemical testing
- No convictions for reckless driving
- No convictions for misdemeanors or felonies under the Illinois Vehicle Code or reckless homicide for the past 12 months
- No felony charges; this includes a charge of aggravated DUI, which can arise from an accident that injured others
Court supervision is also unavailable when you have certain other charges, including commercial driving violations.
Even when you qualify, supervision is still at the judge’s discretion. Everyone arrested for a DUI in Illinois must undergo a drug and alcohol evaluation to determine their risk level as a driver and the appropriate interventions in their sentencing. You must be able to show that you are “not likely to commit further crimes” and that supervision is “in the best interests of justice.” See 730 ILCS § 5/5-6-1.
How Court Supervision Works
The period of supervision typically lasts between 12 and 24 months. The court will “defer further proceedings” until the end of this time. However, if you complete the terms of supervision, the court will dismiss the charges, and there will be no conviction of DUI on your record.
You will also not have a driver’s license suspension for the DUI. You may still receive a separate summary suspension for failing or refusing chemical tests. See 625 ILCS § 5/11-501.1(e). As a first-time offender, you can receive a monitoring device driving permit (MDDP) during that period.
Terms of Supervision
The court must require you to complete between 30 and 120 hours of community service. See § 5/5-6-3.1. Further requirements for the supervision period can include:
- Random drug testing
- Remaining employed or in education
- Payment of a fine, court costs, and supervision fees
- Participating in a Victim Impact Panel, where you will listen to the stories of DUI crash survivors and complete an assessment afterwards
- Use of an ignition interlock device (IID) on any vehicles, except company cars as necessary
- Alcohol and drug education or treatment as recommended by the post-arrest evaluation
- Avoiding further offenses of any kind
However, this process, like most DUI resolutions, is expensive. You must pay for your education, treatment, IID, and any costs imposed. What happens if you cannot meet the requirements of court supervision?
When Supervision Fails
If you violate the terms of court supervision—sometimes abbreviated as a VOS—the prosecutor can file a Petition to Revoke Court Supervision. The court will hold a hearing, where the judge will review the evidence. See § 5/5-6-4.
The judge may or may not decide to revoke the supervision. If the court decides to do so, you may face the full range of penalties for a first DUI:
- Six months of imprisonment
- A mandatory minimum fine of $1,000
- 25 days of community service if a minor was in the car at the time
- Minimum driver’s license revocation of one year (two years for drivers under 21)
You will also need to complete any DUI education, fines, and other such terms that the court initially required.
How to Navigate the Penalty Process
When you are in danger of failing your court supervision, it’s best to contact an Illinois DUI attorney to determine whether and how you can work through the problem. If you have been unable to complete your payments or your courses, your attorney may be able to get an extension of your supervision period. If you have already committed a VOS, your attorney can represent you at the hearing and fight to keep your sentence of court supervision.
Alternatively, your attorney will work to get you a conditional discharge instead. Conditional discharge will allow you to avoid jail time if you can comply with the court’s terms for a 12-month to 24-month period. However, a conditional discharge does result in a conviction on your record, and your driver’s license will be revoked.
Your Illinois Legal Team
There’s too much at stake to face the DUI process alone. Contact Jerald Novak & Associates at the first sign of trouble. Attorney Novak has litigated DUI defense for decades and knows how to manage your case. Call 847-238-9937 today to speak with an experienced DUI attorney for a no-cost consultation.
