Court supervision is a sentence available once in a person’s lifetime for driving under the influence (DUI) in Illinois. It is the best possible result aside from dismissal or a finding on ‘not guilty’ after trial on a misdemeanor offense. Court supervision is not an available sentencing option for felony offenses.
If completed successfully, court supervision will prevent the entry of a conviction on the defendant’s public record. Under Illinois law, 730 ILCS 5/5-6-3.1, “At the conclusion of the period of supervision, if the court determines that the defendant has successfully complied with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.”
Of course, DUI can also be punished by a conviction (i.e. conditional discharge, probation, and jail time). It is important to understand that a sentence of court supervision is at the discretion of the Judge and/or prosecutor and is not guaranteed by any means simply because you are eligible.
How Does Court Supervision Work?
In order to successfully complete court supervision for DUI, you must fulfill certain requirements. Those requirements can include an alcohol/drug evaluation and classes, completion of a Victim Impact Panel, community service, payment of any applicable fines and court costs, and avoiding any new criminal charges. The supervision period typically lasts anywhere from twelve (12) to twenty-four (24) months.
If you fail to complete court supervision successfully, a “Petition to Revoke Court Supervision” can be filed, and you can be resentenced. If the prosecutor proves to the judge that you violated the conditions of court supervision, than you face the full sentencing range of the original charge, which is up to one-year in jail and a $2,500.00 fine.
Again, court supervision is a one-time deal; you cannot receive court supervision for a second or subsequent DUI charge.
Will my Driver’s License be Revoked?
One of the primary benefits of court supervision on a DUI is that it will not result in a driver’s license revocation. A license revocation based on a DUI only occurs if there is a conviction. A revocation based on a DUI lasts for at least one year, and your license stays revoked indefinitely until you to go through an administrative hearing before the Secretary of State to regain driving privileges.
Unlike a conviction for DUI, if you are sentenced to court supervision, your driver’s license will not be revoked. If you do receive court supervision, the only loss of driving privileges would result from a temporary suspension based on the result of chemical testing (i.e. breath test, blood test, or urine test) or refusal of the chemical testing. That temporary suspension is called a “statutory summary suspension”, and lasts either 6 months or 1 year if you are a first-offender.
Can Court Supervision for DUI be Expunged or Sealed?
While court supervision for DUI does not appear on your public record, it cannot be expunged or sealed under Illinois law.
Should I Plead Guilty?
When you are charged with a driving under the influence offense, the best-case scenario is dismissal or verdict of ‘not guilty’ after trial. However, depending on the strength of the evidence and the probability of success at trial, court supervision can be an extremely favorable result. Avoiding a criminal conviction is the top priority. After exploring all options, it may be beneficial to consider an offer of court supervision.
Every case is unique and your DUI attorney will provide you with all of your options and a recommended course of action. We strongly encourage you speak directly to a DUI attorney as soon as possible after your DUI arrest. The DUI defense attorneys at The Davis Law Group, P.C. are here to help. We can be reached by calling (847) 390-8500 or get in touch with us via our contact page.