Driving while under the influence of alcohol is a public safety issue, and one that the state of Illinois takes very seriously. A DUI conviction, whether due to a guilty plea or trial verdict, may carry severe penalties including jail time, loss of driving privileges, steep fines, and a probation term. The length of your probation will depend on the circumstances surrounding your charge, but in general, will last for between 1 and 5 years. In this article, we will discuss some of the standard terms of the DUI probation information as well as the results of violating those terms.
If you have been charged with driving a motor vehicle while under the influence of alcohol or drugs, you will need an experienced DUI lawyer in Rolling Meadows. They will know the best way to approach your case, will be able to explore options you may not have been aware of, and can build a defense with the best possible chance of reducing your penalties or beating the charge altogether. Contact our dedicated legal team at Dohman Law Group today to schedule a free case consultation to find out what we can do for you.
Probation is a period of supervision established as part of your sentence for a DUI conviction. During this time you will have certain terms and conditions established by the judge that you will be required to follow. While there is no set list of probationary terms, common ones include:
Driving while your blood alcohol content is over the legal limit of .08% may result in a DUI charge. The severity of the penalties you can face scales based on the circumstances of your arrest as well as your history of DUI charges.
First-time offenders will be charged with a Class A misdemeanor and may face penalties including:
Second-time offenders will be charged with a Class A misdemeanor and may face penalties including:
The penalties for subsequent DUI convictions compound quickly in Illinois and can result in life-altering consequences. If you are charged with a DUI of any level you should retain the services of an experienced DUI lawyer as quickly as possible.
There is no set guide of consequences for DUI probation violations, which gives judges flexibility in determining the right punishment based on the severity of the violation in question. This means that relatively minor probation violations, such as failing to complete an assigned alcohol treatment program in the assigned timeline may result in a similarly minor punishment like a warning and an extension of the probation term. Similarly, more serious violations can result in your probation term being terminated and replaced with a jail sentence.
Related Content: Illinois DUI Factbook
If you are accused of violating the terms of your probation you have the right to a hearing in court. This will proceed in a similar fashion to your initial trial, with a prosecutor and your defense attorney presenting evidence to establish your guilt or refute the claims brought against you respectively. If the prosecutor can successfully demonstrate that you violated your probation you will have further penalties levied against you, and if you are found to have committed a crime while breaking your probation you may also find yourself facing new charges as well.
If you are caught driving with a suspended or revoked license it is very likely you will receive jail time. This is a Class A misdemeanor in Illinois and can result in additional penalties as well. If your license is revoked due to a felony DUI charge you may face prison time instead.
It depends. Judges are permitted to use their discretion for probation violations, so fairly minor violations won't usually (but still may) result in jail time, while more severe violations will be met with more severe judgments. Failing to complete the terms of your probation in the assigned time can demonstrate to the judge that you are not interested in making changes, which is not a good impression to make.
You will need to wait until the suspension period has ended and make sure any fines or fees associated with the suspension have been settled. You will then be able to apply to have your license reinstated.
Facing an accusation of violating your probation terms can be a difficult time. Not only do you have the possibility of having your probation revoked and replaced with harsher penalties including jail time, but you also face a trial in which the prosecution is required to meet a lower burden of proof. For probation violation hearings the prosecutor must prove that you have violated your probation by a preponderance of evidence rather than beyond a reasonable doubt, meaning that they need only show that it is more likely than not that you violated your terms.
This can be significantly more difficult to defend against than what you face for criminal charges. Many judges have little sympathy for those who violate their probation, making it important that you get the best possible defense for your violation hearing. At Dohman Law Group, our experienced defense attorneys are ready to fight on your behalf in court. We will build the best possible defense for your case to counter the prosecution's claims that you have violated the terms of your probation. Call us today or schedule an appointment online for a free case consultation!