Court Supervision | Report to Social Services | Sentence for DUI in Illinois | Conviction

Conviction v. court supervision for Illinois DUI and driver’s license consequences

by Lewis Gainor on December 6, 2010

An arrest for driving under the influence has two consequences on a person’s driving privileges under Illinois law.

First, his driver’s license will be suspended 46 days after the date of arrest based on either 1) a breath alcohol concentration of 0.08 or more, or 2) a refusal to take the breathalyzer test. The suspension is called a statutory summary suspension. It goes into effect automatically.

Second, a finding of guilt for the criminal offense of DUI under 625 ILCS 5/11-501 will cause the Secretary of State to take action against his license. The law in Illinois provides the following:

Sec. 6‑205. Mandatory revocation of license or permit; Hardship cases.

(a) Except as provided in this Section, the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver upon receiving a report of the driver’s conviction of any of the following offenses:

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2. Violation of Section 11‑501 of this Code or a similar provision of a local ordinance relating to the offense of operating or being in physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;

See 625 ILCS 5/6-205.

A conviction for the offense of DUI causes the Secretary of State to revoke that person’s driver’s license.

However, a sentence of supervision is not a conviction. Supervision is the preferred disposition for all first-time DUIs in Illinois.

Supervision is somewhat like a continuance, postponement, or deferment of the case for a period of time. During this time, the defendant is “supervised” by the court. If the defendant violates the law, fails to pay a fine, or fails to complete substance abuse treatment, he would be re-sentenced by the court.

The supervision statute provides the following:

Sec. 5-6-3.1. Incidents and Conditions of Supervision.

(a) When a defendant is placed on supervision, the court shall enter an order for supervision specifying the period of such supervision, and shall defer further proceedings in the case until the conclusion of the period.

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(d) The court shall defer entering any judgment on the charges until the conclusion of the supervision.

(e) At the conclusion of the period of supervision, if the court determines that the defendant has successfully complied with all of the conditions of supervision, the court shall discharge the defendant and enter a judgment dismissing the charges.

(f) Discharge and dismissal upon a successful conclusion of a disposition of supervision shall be deemed without adjudication of guilt and shall not be termed a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime.

See 730 ILCS 5/5‑6‑3.1.

Because it is not a conviction, supervision will not cause the Secretary of State to revoke the defendant’s driver’s license.

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