I had a dui 8 years ago that I got court supervision for. Got thru the SSS and supervision periods with no incidents. I assume that means that it doesnt count as a conviction on my record. I got a dui a few weeks ago. I most certainly will be found guilty. For purposes of sentencing and applying for an RDP, will it be seen as my first conviction?
First offense for SSS length, first for MDDP eligibility, second offense for sentencing, first offense for RDP once the revocation hits. since you had a prior SSS, you will need a formal hearing for RDP, you must show hardship, eligible for hearing 30 days after revocation. Any time you serve on the new SSS will be credited towards the one year revocation period due to your conviction. Great job of giving all the relevant facts in order to answer thoroughly.
Criminal Defense Attorney
This will count as a second DUI for sentencing purposes.
If you are represented by an attorney you should be asking them these questions.
Sal Sheikh practices law in Illinois.This answer is provided solely for informational purposes only. You should always speak directly with a lawyer in your State. It is difficult to evaluate your legal problem without a consultation and review of all the facts and documents at issue. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
Criminal Defense Attorney
You'll qualify as a first offender for purposes of obtaining an MDDP during the summary suspension. You do not qualify as a first offender for sentencing purposes; meaning you cannot get court supervision again. You should retain an experienced criminal defense/DUI attorney to represent you. Sometimes when you think you will be convicted, an experienced attorney might find a weakness in the case that can be exploited to your benefit. Most of us provide free consultations. www.galivanlaw.net
DUI / DWI Attorney
Illinois does not have RDP for Statutory Summary Suspension purposes anymore. You're eligible to get a MDDP and have a BAIID device installed in your car, if your last SSS was more than 5 years ago. Don't automatically assume that you'll be found guilty. There are many ways in which your DUI can be challenged. However, if you plea or are found guilty of a DUI, you no longer will be eligible for supervision. Your driving privileges will be revoked, and you will need a formal hearing with Secretary of State to have them reinstated. Hope that answers your questions.
Yes. If you are convicted of DUI the only possible sentence is a conviction. However, the RDP question is not based solely upon the prior supervision. The RDP is sought via the Secretary of State's Office and they will look at your entire driving abstract. If you have any other alcohol suspensions or violations they can make it difficult to obtain an RDP. You need counsel to represent you at the hearing.