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Guidelines for the client charged with DUI The following is to provide you with procedures and what may be expected through the DUI process in Illinois. These guidelines serve only as a general outline of the DUI process. Section 11-501 of the Vehicle Code provides for four separate ways in which a person may be charged with driving or being in actual physical control of a motor vehicle while under the influence, namely:
A person convicted of driving under the influence will have there driver's license revoked for a minimum of one year. Punishment upon conviction may range from Court Supervision, to imprisonment of up to 364 days, a fine of up to $2,500.00 or to one to three years in the penitentiary. Court Supervision is a possible disposition for the offender, but the court is under no obligation to grant supervision to a first offender. License Suspension Suspension is the temporary withdrawal by formal action of the Secretary of State of a person's license or privileges to operate a motor vehicle on the highways for a period specifically designated by the Secretary of State. (This Law will Change in 2009) Drivers who submit to tests which show an alcohol concentration of 0.08 or more will face possible license suspension, but the period of suspension is only three months. If you did not submit to the test, your license will be suspended for a minimum of six months for refusal. Petition to Rescind Statutory Suspension If you refused to submit to a test or if you failed the test with a result showing an alcohol concentration of 0.08 or more, your license will be suspended on the 46th day following such refusal of test (this is a summary suspension or implied consent law). If we want a hearing to rescind (reverse) this suspension, we must file a Petition to Rescind Statutory Suspension.This Petition should be filed as soon as possible to get the hearing set before your suspension begins. If the Court does not set the hearing within 30 days after filiing, the petition may be granted and your suspension will be rescinded (in other words, your license will not be suspended). Reinstatement Fee If your license is suspended, the Secretary of State will send you a notice stating such suspension. This notice will indicate the beginning and end of the suspension and whether or not you are a first offender. License Revocation Revocation is termination by formal action of the Secretary of a person's license or privileges to operate a motor vehicle on the highways. Forms You may be asked to complete and/or sign the following forms at Patchett Law office:
Reasonable Doubt It is essential to question you concerning possible physical disabilities, diseases, ailments, injuries, and ingestion of drugs and medicines. Any of these may have caused you to exhibit the outward characteristics of intoxication. At the trial, if this type of evidence is introduced during the defense, it may help to create a resonable doubt. Alcohol EvalutionThe Court cannot dispose of a DUI charge or grant a Judicial Driving Permit without an evalution by an alcohol programs . You will be provided with a list of the local approved alcohol evaluation program. You need to contact one of the providers and make arrangements for this alcohol evaluation as soon as possible. The stated purpose of an alcohol evaluation is:
Petition for judicial Driving Permit A judicial Driving Permit is a permit issued by the Secretary of State pursuant to the Court's order granting limited driving privileges to first-time offenders who have had their full driving privileges suspended under the statutory provisions relating to statutory suspension.If you are determined by your attorney to be possibly eligible for a Judicial Drving Permit (JDP), you will be asked to fill out the questionnaire. The Judicial Driving Permit will not reinstate full driving privileges. Relief is available only to relieve hardships arising from a need to drive for employment purposes, medical purposes, or alcohol or other drug treatment. The Court may not grant a JDP for any other reason. After you out the questionnaire, we will draft the actual Petition for your signature. However, this cannot be filed until you obtain a letter for your employer stating your work hours and an alcohol evaluation. Attached is a form letter to be used as a guide for your employer to compose the letter. Discovery The pretrail devices that can be used by one party to obtain facts and information about the case from the other party in order to assist the party's preparation for trail is "Discovery". MotionAn application or pleading made to a court or judge for purpose of obtaining a rule or order directing some act to be done in favor of the applicant is a "motion". First Appearence The date given at the bottom of the ticket is the "First Appearance" date. The accused must appear in person on this day and time.At the First Appearance, the judge will advise the accused of the charges against him and of his rights. The judge will also ask the accused if he wishes to employ private counsel of if he seeks the public Defender as his attorney. If the accused seeks the Public Defender, the judge will ask a series of questions to see if he qualifies financially Arraignment"Arraignment" is when the accused is brought before the court to plead to the criminal charge in the indictment or information (ticket). The charge is read to him and he is asked to plead "guilty" or "not guilty". Pretrial HearingAt any time after the issuance of a ticket, the court may order a "Pretrial Hearing" to consider such matters as will promote a fair and expeditious trail. If a plea is negotiated, it will often be done at the Pretrail Hearing. Plea Bargaining or Plea Negotiation The process whereby the accused and the State's Attorney in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant's pleading guilty to a leser offense or to only one or some of the counts of multi-count charges (tickets) in return for a lighter sentence than that possible for the graver charge. Bench Trail The trail held before the judge sitting without a jury, is a "Bench Trail". Jury TrailTrail of matter of cause before jury as opposed to trail before judge, is a "Jury Trial" Sentencing Hearing Hearing at which judgment (sentence) is formally pronounced by the judge upon the defendant, after his conviction in a criminal prosecution, imposing the punishment to be inflicted, is a "Sentencing Hearing" Fines When a case is tried and the defendant convicted, the penalty may be by way of fine rather than a jail sentence. Bear in mind that judges usually will allow a reasonable time for you to pay the fine if you are unable to pay it immediately. Motion for Continuance A "Motion for Continuance" may be filed by the State or you attorney moving the court to adjourn or postpone the hearing, trail, or other proceedding to a later day or the court to adjourn or postpone the hearing, trail, or other proceeding to a later day or time. First Offender Status If you receive court Supervision on the DUI, it will go on your record as a court supervision. You will never be able to get court supervision on a DUI in Illinois again, You will not receive a conviction however. What is confusing is that after 5 years, you will again be a first offender for the purposes of the length of the suspension as a result of a DUI arrest. You still will not be eligible for supervision however. If your prior conviction is more than 5 years ago, then the period of your suspension will be less and the possible penalties less. If you blow above a 0.16 there will be increased penalties regardless of whether or not you get supervision on a DUI. Insurance Insurance companies do not get routinely advised of DUI arrests or convictions. They may find out through a variety of means, including the newspaper. If they find out about your DUI arrest your rates will often go up regardless of whether or not you were convicted or received court supervision. One method by which insurance companies find out about a DUI arrest and/or supervision is if you change insurance companies and they run your record. If you have insurance and get a DUI, I do not recommend you changing it for a period of three years from the time your case is over. Supervision A judge may grant you "Court Supervision" as a method of disposing of the case. The court is under no obligation to grant supervision to a first offender. The judge may order supervision when the court is of the opinion that:
The status of your case under an order of supervision is in the nature of a continuance, until the conclusion of the period of supervision. The court will discharge the defendant and enter a judgment dismissing the charges, If the defendant has successfully complied with the conditions of supervision. The period of supervision shall |
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