Illinois DUI Lawyer Blawg
Court supervision in Illinois is a valuable tool. For example, a conviction for Driving Under the Influence, or DUI, requires the Illinois Secretary of State to revoke your driver’s license, which is more severe than a driver’s license suspension. 625 ILCS 5/6-205
Unlike a driver’s license suspension, which ends automatically, restoration of driving privileges following a driver’s license revocation requires an administrative hearing with the Illinois Secretary of State. Such a hearing entails obtaining a drug and alcohol evaluation, possibly completing a 10-hour driver risk education course, as well as anywhere from 20 to 75 hours of alcohol counseling.
Furthermore, if you are high risk dependent (alcoholic), you will be required to stop drinking for at least a year before being eligible for driving relief. In addition, you must demonstrate to the Secretary of State that you have developed a support program to help you remain completely alcohol free for the remainder of your life.
Those who are dependent must also, through testimony or letters, prove from at least three independent sources their claim that they have not consumed alcohol for at least 12 consecutive months before the hearing. Similarly, they must provide letters or testimony from at least three members of their support group to explain their participation in the support program.
You may, depending upon the timing of your hearing, be required to show the Secretary of State that not being able to drive is creating undue hardship on your job, your education, your ability to obtain medical care for you or a family member and your ability to attend AA meetings if applicable. You may also be required to install a Breath Alcohol Interlock Ignition Device (BAIID) depending upon your overall driving record. And you will wait several months to receive a hearing decision and once you are reinstated, you will have to pay a $500.00 reinstatement fee.
Court supervision avoids a driver’s license revocation (although it bears no relationship to whether your driver’s license will be suspended. That is an entirely different process that falls under the statutory summary suspension laws). You must, in order to receive court supervision, plead guilty to the DUI charge. Furthermore, you will be required to obtain a drug and alcohol evaluation and complete any counseling. However, unlike with a revocation, supervision means you will not have to undergo intense questioning at a driver’s license hearing, or wait several months for a decision or pay a $500.00 reinstatement fee.
The supervision term can run for no longer than two years. You must stay out of legal trouble, pay all your fines, complete the evaluation and classes and attend a Victim Impact Panel during the supervision terms. Upon successful completion of these requirements, your case will be dismissed and since a conviction is never recorded on your record, your license does not get revoked.
But be warned! If you have ever been convicted of a DUI, you cannot obtain supervision. Furthermore, if you have ever received DUI supervision in the past, you cannot receive it again. It truly is a once-in-a-lifetime opportunity.
Related posts:
Special requirements in Illinois for DUI court supervision April 19, 2013, Illinois DUI Lawyer Blawg
What is the difference in Illinois between a suspended and revoked driver’s license? November 2, 2012, Illinois DUI Lawyer Blawg