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St. Charles DUI Lawyers

• Sheen, Scott: 1. CRIMINAL CHARGES ¥ DUI is usually charged as a Class A misdemeanor, which carries a penalty of up to 364 days in the county jail and/or a fine up to $2,500. However, DUI can also be charged as a felony.* ¥ You are entitled to a trial by jury or a trial before a judge without a jury. But you are not required to go to trial. Instead, you may enter a negotiated plea with the prosecutor or enter a ÒblindÓ plea before the court. 2. SENTENCING ¥ Court Supervision* ¥ If you have never been convicted of or received supervision for a DUI, you may be eligible for court supervision. ¥ If you satisfy all of the terms of your supervision, your case will be dismissed following the period of supervision. This allows you to keep your license! ¥ Typically, supervision lasts for 1 year, but can last up to 2 years. ¥ Alcohol evaluation You must obtain an alcohol evaluation before you can get supervision from a state licensed alcohol/drug evaluator. ¥ Terms of supervision* Possible terms of supervision include, but are not limited to, the following: ¥ Completion alcohol treatment ¥ payment of fine/court costs ¥ completion of Victim Impact Panel ¥ May have to complete community service ¥ You must not commit any crimes, serious traffic violations, or alcohol/drug related offenses during the period of supervision ¥ Conviction vs. Supervision If you are convicted of DUI, the Secretary of State will revoke your driverÕs license (different than suspension) for a period of at least 1 year. If you successfully complete the terms of supervision, you will not receive a conviction for DUI. 3. SUMMARY SUSPENSION ¥ Your driverÕs license will be suspended if you are arrested for DUI and either (a) you submit to a chemical test which reveals an alcohol concentration of 0.08 or greater or (b) you refuse to submit to a chemical test. ¥ The suspension of your license is civil case separate from the DUI criminal charge of DUI. ¥ Commencement of suspension Suspension commences on the 46th day following receipt of notice of suspension, usually the date of arrest. ¥ Length of suspension The length of suspension depends on whether you are a first offender for implied consent purposes and whether you submit to or refuse chemical testing. ¥ First offender For implied consent purposes, a first offender is one who has not had a previous conviction, court supervision or been suspended for DUI within 5 years of the date of the arrest. ¥ Three month suspension If you are a first offender and submit to chemical testing showing 0.08 or more, your license will be suspended for 3 months. ¥ Six month suspension If you are a first offender and you refuse chemical testing, your license will be suspended for 6 months. ¥ One year suspension If you are not a first offender and you submit to chemical testing showing 0.08 or more, your license will be suspended for 12 months. ¥ Three year suspension If you are not a first offender and you refuse chemical testing, your license will be suspended for 36 months. ¥ Entitled to a hearing You are entitled to a hearing before a judge within 30 days of making a written request to determine if your license should be suspended. If you prevail, the suspension will be lifted. If you do not, you may be entitled to a Judicial Driving Permit. ¥ Statute of Limitations You only have 90 days from the date of the Notice of Suspension to file to contest your suspension. 4. JUDICIAL DRIVING PERMIT* If you are a first, you may be entitled to a Judicial Driving Permit (JDP) to allow you to (a) drive to and from and during the course of your employment; (b) to and from medical and/or alcohol treatment; and (c) to and from school. If you had a previous conviction, court supervision or been suspended for DUI within 5 years of the date of the arrest, you are not eligible for a JDP.* To get a JDP, you must submit: ¥ an alcohol evaluation ¥ petition for Judicial Driving Permit ¥ letter from employer stating days and hours you work and whether you drive for work within the scope of work ¥ certified class schedule for education related JDP ¥ letter from party rendering treatment for medical/counseling related JDP Effective date of JDP The JDP is not effective for the first 30 days of the summary suspension. Thus, you cannot drive at all for the first 30 days of the suspension. The JDP starts after the first 30 days of the suspension on the day you receive the JDP from the Secretary of State. It is effective to the end of the suspension. 5. LICENSE REINSTATEMENT ¥ First offenders must pay a $250 reinstatement fee to the Secretary of State to get their drivers license reinstated following termination of the summary suspension. Second offenders must pay $500. * 6. ZERO TOLERANCE* If you are not at least 21 on the date of arrest, your license can be suspended if you either (a) refuse chemical testing, or (b) submit to chemical testing which reveals any amount of alcohol.
• Bochte & Kuzniar: If you have been arrested, you do not need a page on the Internet telling you how serious the charges you are facing may be. You already know that. What you need is someone to help you prepare for the things you do not know. You need a competent and experiencedÊcriminal defense attorneyÊto tell you about the process, what is going to happen next, how to evaluate the evidence, and whether or not it makes sense to listen when the prosecuting attorney offers you a plea bargain.