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Navigating your case and understanding your choices in a DUI case is a highly stressful time and it is all too easy to get overwhelmed. 5-6-3.1. Class B misdemeanors, such as driving on a license that has been expired for over a year and driving between 26 and 35 mph over the posted speed limit, carry possible penalties of up to six months in prison and/or a maximum fine of $1,500. However, depending on the strength of the evidence and the probability of success at trial, court supervision can be an extremely favorable result. According to Illinois law, at the completion of the supervision period, if the judge determines the defendant has successfully complied with all the conditions of supervision, the judge will discharge the defendant and dismiss the DUI charges. This is known as a statutory summary suspension and usually takes effect forty six days after the driver receives a notice informing him or her of the summary suspension. No new evidence may be presented during the hearing conducted by the Illinois Appellate Court. That temporary suspension is called a statutory summary suspension, and lasts either 6 months or 1 year if you are a first-offender. If you find yourself in the unfortunate situation of being arrested for a DUI, you need to know about the potential penalties and how you should proceed. Our Illinois DUI lawyers can build a strong defense strategy to help you beat your DUI charges. In addition to the suspension, such persons also face a fine, imprisonment or both if convicted. For example, the Federal Sentencing Guidelines consider your past criminal history when determining the sentence, and this will count against you if you are ever facing penalties for another crime. How Much Does it Cost to Reinstate Your Illinois Drivers License? This is where anexperienced DUI attorneycomes in. If you believe that a legal error was made when the judge rendered the decision, you have the right to appeal your case to the Illinois Appellate Court. Under Illinois law, 730 ILCS 5/5-6-3.1, 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.. For starters, court supervision is the least serious punishment you can receive for your DUI charges. It is also important to note that if you violate the terms of supervision, you can be sentenced to up to a year in jail. What To Expect From A First Time DUI Charge In Illinois While the charges will be dismissed for your supervision sentence, the arrest and court supervision will remain on your record and you are not able to have it expunged. Many courts will also require you to prepare and submit to the judge a financial affidavit describing the defendant's resources and debts. Any information submitted will be confidential. The prosecution has the burden of proving its case against you. For all other traffic violations of state law, the prosecution's burden is the heavier one of "beyond a reasonable doubt." The suspension is called a statutory summary suspension. Call us today at 847-359-4005 or schedule an appointment online for a free case consultation. An original disposition of supervision sentencing can be replaced with a DUI conviction. Furthermore, 91% of those who were arrested for DUI, and were eligible to lose their license, did end up losing it. Misdemeanors are divided into three (3) classes, referred to as Class A, B, and C. Class A is the most serious and includes violations such as a DUI, driving 35 mph or more over the posted speed limit, driving on a suspended or revoked license, and reckless driving. The law in Illinois provides the following: Sec.