It should come as no surprise to anyone that Driving Under the Influence, or DUI, is illegal. And because the law assigns criminal penalties, which can include both fines and jail, as well as probation, community service, alcohol evaluations and classes and Victim Impact Panels, to a violation of the DUI laws, it constitutes a crime.
However, the prospect of jail time is on the table only if there is a DUI conviction. DUI supervision may be an attractive sentencing option for a number of reasons.
A sentence of court supervision can never involve incarceration (jail or prison). (People v. Roper, 116 Ill. App. 3d 821, 452 N.E.2d 748, 72 Ill. Dec. 495 (1983))
However, receiving supervision requires the accused (known in legal terminology as the “defendant”) to plead guilty to DUI.
The judge thereafter imposes certain requirements on the defendant that the defendant must complete within a period of time that the judge assigns, not to exceed two years. Conditions include obtaining a drug and alcohol evaluation, completing classes to help avoid any further DUI offenses, paying fines and incurring no additional legal problems during the terms of the supervision.
If the defendant completes these requirements, a conviction never comes about and the case is dismissed. There is no conviction. As a result, the defendant does not lose his or her driver’s license. Continue reading →