D.U.I. can be charged 6 different ways based upon alcohol, drugs, or combinations thereof. Some ways a D.U.I. can be beaten is by proving the officer (1) did not have a valid reason to pull you over, (2) did not warn you properly (3) did not test you properly (4) did not have enough evidence to prove intoxication (5) can’t prove you were in control of the vehicle.
When you get arrested for a D.U.I. you will be noticed of an upcoming SUSPENSION OF YOUR LICENSE. The suspension can last from 6 months up to 3 years depending on (1) whether you submitted to or refused a breath, blood, or urine test, and (2) if you have a previous D.U.I arrest within 5 years. Your attorney can try to challenge the suspension at a hearing or get you a permit called a M.D.D.P., if you qualify, that will allow you to drive with a B.A.I.I.D. device (a breath alcohol testing device) in your car. The M.D.D.P. permit is not available for the first 30 days of the suspension, often called the “Hard” part of the suspension. You must pay a reinstatement fee to Secretary of State to get you license back at the end of your suspension. The fee starts at $250 for a first offender. DO NOT DRIVE in violation of the suspension or you could face a minimum 240 hours community service, 10 days jail and/or a YEAR EXTENSION of the suspension.
D.U.I. is a CLASS A misdemeanor. This means that the maximum penalties are fines up to $2,500, probation up to 2 years, and jail up to 364 days. Repeat offenders, offenses committed with non-valid driving privileges, offenses committed in uninsured vehicles and offenses with severe injuries or death can be charged as a Felony (an offense punishable by 1 year or more in prison). Some offenses can also require minimum community service hours or jail requirements such as 48 hours in jail. Probation is normally available for D.U.I.
Probation is a period of time where the judge and a probation officer watch over you and not send you to jail. A judge can order fines, costs, evaluations, treatment, community service, drugs tests, and many other conditions including up to 6 months jail as terms of a probation.
SUPERVISION - is a special type of misdemeanor probation that is available when there is little or no criminal history. If supervision is completed without a violation the case is then dismissed and there never is a conviction of record. No jail can be ordered with supervision. Supervision is literally available once in a lifetime, you cannot get supervision for a D.U.I a second time. Supervision is important because it prevents a conviction of record. Without supervision, a D.U.I. will be a conviction of record that will trigger a MINIMUM 1 YEAR REVOCATION of the license IN ADDITION TO YOUR SUSPENSION. A revocation is worse than a suspension because you can’t simply pay a reinstatement fee to get your license back, you must go through a formal hearing to prove your deserve it back. Also, unlike a suspension, no permit is available except in situations of extreme hardship.
DUI, DUI driving under the influence, criminal defense law, Joliet, IL.