When driving under the influence of drugs or alcohol in Illinois, it is essential that you understand exactly what is at stake. Illinois state law categorizes even first time offenses as class A misdemeanor crimes. A conviction can result in DUI penalties of up to one year in prison, along with being subjected to other penalties. If you have been charged with the more serious form of DUI which is known as an aggravated DUI this is a felony offense in Illinois courts regularly impose DUI penalties of multiple years in a state prison in such cases.
However unlikely receiving maximum DUI penalties are, they are still a possibility. Studying the historical data allows us to assess the likelihood of being convicted of a DUI in Illinois and having to spend time incarcerated in either state prison or county jail. Statistically jail time is unlikely in, especially if you are represented by an experienced DUI attorney. Here are a number of sample outcomes.
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Successful court supervision negotiated for a first offense
In the vast majority of first-time misdemeanor DUI cases, Courts in Illinois will allow you to enter a guilty plea and receive court supervision. As long as you fulfill all the requirements set out by the courts and complete the supervision successfully, your criminal record will remain clean of any DUI conviction. You may be required to pay a fine or to perform some community service. but a loss of your license or any jail time is unlikely. If your license is suspended you will have to serve any DUI penalties given.
Misdemeanor Conviction negotiated for a first offense
In Illinois less than 20% of all first time DUI offenders are convicted of misdemeanors. The vast majority simply plead or are found guilty at trial are deemed eligible for court supervision. However under certain circumstances a first-time offender can be convicted. In the event that you violate the terms of a court granted supervision, you will find yourself back in court and in the vast majority of cases face conviction and sentencing. in the event that the court rules that you are habitual alcohol or drug user and have been thought to have behaved in a particularly dangerous manner it may be unwilling to grant you supervision.
Illinois law views a first time DUI conviction that has no longer living factors as a class a misdemeanor if convicted will be subject to a maximum penalty of one year in jail, a fine of $2,000or both in our experience few people are ever convicted of misdemeanor DUIs and end up going to jail. Illinois state views these as non-violent offenses, judges have a tendency to want you to keep you out of jail. common sentences include a combination of community service probation and fines. your driver’s license will most likely be revoked for one year or 2 years or more if you’re under the age of 21.
A first misdemeanor conviction as a result of a second DUI offense
If you have previously received and completed court-mandated supervision for a first time DUI offense you would have no DUI conviction on your record. However the courts in Illinois will only allow court supervision once in your lifetime. If you are ever charged with 2nd DUI and convicted, this will go on your record. I knew the face of basically the same sentencing guidelines as detailed in sample two. If you are convicted of aggravated first DUI in Illinois it is highly likely that you will face jail time.
Felony conviction on first DUI offense
Under specific circumstances a first time DUI offender can find themselves charged with an aggravated DUI. under Illinois law this is a felony. For example if you are involved in an accident while under the influence of alcohol or drugs, that either causes severe bodily harm or kills another person then expect to be charged with an aggravated DUI. Intoxicated drivers can also be subject to an aggravated DUI if they are found to be driving without liability insurance on your vehicle or they cannot produce a valid driver’s license.
In the event that a first-time offender has been charged with a felony DUI. They are statistically far more likely to face jail time, than a DUI offender charged with a misdemeanor. Many factors can influence the length and nature of DUI Penalties in Illinois, for example, drunken drivers who caused a fatality in an accident have received sentences of up to 28 years, especially if multiple people were killed in the collision.
Despite the fact that Illinois law does not treat aggravated DU convictions lightly. It is quite common for people to be sentenced to probation if no fatalities are involved, including up to 480 hours of community service and a custodial sentence of 10 days in some cases.
To completely understand the ins-and-outs of the Illinois judicial system it’s important that you work with an experienced DUI attorney. Especially one who knows how to navigate both the proceedings and the courtroom with ease. Remember this is their job, they are obliged to keep up-to-date with the latest standards, requirements, rules, and DUI laws.
They’re experts when it comes to minimizing the consequences of your actions. When it comes to avoiding sentences or minimizing DUI penalties knowledge is power.
10 reasons why you should always retain an attorney if charged with a DUI in Illinois
- As experienced attorneys, we understand the system.
- We know from experience if you retain a DUI attorney from the start it will save you money in the long term.
- Our reputation as DUI attorneys can lead to lower sentences.
- In many cases our experience can even result in a dismissal.
- We have built strong relationships with the prosecution.
- We work hard from day one to minimize your court time or public exposure.
- Under the right circumstances, we can even help you get your license back.
- We will work hard to get your DUI taken off your permanent record.
- There’s even a chance that we may know you were arresting officers.
- When you retain a DUI attorney you will always have different options to explore.
If you are facing a first time DUI charge in Illinois particularly if this is an aggravated DUI do not face it alone. Contact Ktenas Law immediately, consult with our lead attorney Alex Ktenas.
Alex and his team can start working immediately, they will do everything in their power to build a compelling case in your defense. Call them today for a no-obligation, free initial consultation.