What Are The Penalties Associated With DUI Convictions?
The penalties for a first, and second DUI, short of any aggravating factors, like injuries, or a fatality, is up to a year in county jail, and is considered a class misdemeanor, including fines, around $2500, plus court costs. If you pick up a third violation with a DUI, in the statute in Illinois, it does not matter how old the DUIs were. You could have a DUI today, another DUI fifteen years ago, or even more, prior to that. Any third violation can be charged as a felony offense in this state, and that is a Class 2 felony. This is punishable by up to seven years in a penitentiary, but is a probation-able charge.
You are also looking at the real possibility of your license being revoked, if the issue is you received a second DUI, or including your second DUI. A revocation in the state of Illinois means a lifetime ban on driving privileges, unless you have a hearing in front of the secretary of state, or the Department of Motor Vehicles, to try to get an occupational permit back. The big penalties are weather it was a felony or not, and was jail time involved, and what was status of your driving privileges at that time.
Are There Any Diversion Programs Available To First Time DUI Offenders?
They have community service, or the ignition interlock programs available. In Illinois, this is called court supervision, and that is for first time DUI offender’s only. That is a non-conviction. It does not go on your record as a conviction. If you get court supervision, you can morally, ethically, and legally state that you have no convictions for DUI, and you would be telling the truth. Supervision entails that you have to pay fines, and court costs, and that you are going to agree to blood and alcohol evaluations, and complete whatever required treatment law enforcement asks you to do.
You have to stay out of trouble, and generally, they offer you a program, called the Victim Impact Panel. This is essentially a two hour scared straight type seminar. It is taught at Lake County Illinois Community College, and after one year successfully completion of all the requirements, the charges are technically and legally dismissed. That is available for first time DUI offenders only. In regards to any type of ignition interlock, as I mentioned before, this person can get supervision for the criminal part of the case, but there is another part of the case, which is called the civil part. It is two-headed monster, the civil part of the case deals with suspension, whether you submitted to the chemical test, or not. First time DUI offenders, if they submit, it is a six-month suspension; it starts forty-six days after the date of their arrest.
If they refuse, it is a one-year suspension, but you will have a six-month suspension, because either you submitted, or you refused. You are able to get an interlock device; they call it a day device. A breath detector is attached to the ignition of your car. Even though you are suspended for those six months, or one year, you can still drive for whatever reasons that you need to, as long as you have the machine in your vehicle. The machine does determine if you have any alcohol in your system.
If there is alcohol in your system, it will not let the car start. It also notifies the appropriate authorities who are monitoring that interlock device too. There can be additional sanctions charged against you, if you do not have a machine in your vehicle. You cannot drive at all for whatever reason, because you violated the terms, and conditions of the machine itself.
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