I was arrested in December of 2018 for a DUI of .082. I took all FST and did not refuse breathalyzer.
It is my first DUI (with a clear criminal history) and my hired DUI attorney has not been successful in striking a plea deal with the prosecutor for court supervision and rescission of my driver's license suspension.
We will be in court one more time on May 22nd and if unable to strike a plea still, I am thinking of going to trial, instead of simply pleading guilty. Between the officer's testimony and the video of my FST, I will probably get a guilty verdict either way.
Q: What punishments am I MOST LIKELY looking at if/when found guilty?
Q: Should I go to trial, hoping the prosecutor will offer me a deal at pre-trial, or should I just plead guilty on May 22nd?
These really are questions you need to ask your defense attorney. If this is your first DUI and there are no extenuating circumstances surrounding this DUI (such as a car accident, etc), and if you have never received court supervision before and you are not a high risk on your DUI evaluation, you probably are eligible for court supervision and, if you plead guilty (even without an agreement with the prosecutor), the judge may give you court supervision anyway. If the prosecutor hasn't offered you a deal now, if the prosecutor has to prepare for trial, on the day of trial the prosecutor most likely won't all of a sudden offer you court supervision as they had to prepare for trial, notify their witnesses, etc. Regarding the recession of your diver's license suspension, most prosecutors don't agree to that unless there is some problem with the case - so the prosecutor not agreeing to that on your case is not unusual at all. This DUI is a class A misdemeanor, so the minimum sentence is court supervision and the maximum sentence is probation and/or 364 days in jail -- what you are sentenced to depends on a variety of factors, including the specific facts of your case and if you have any prior arrest and criminal history.
I don’t see this as a case that warrants a conviction. If you have the resources take it to trial. I bet they fold and over supervision which will include a fine and other minor bells and whistles
DuPage County State’s Attorneys do not offer Court Supervision as a matter of Office policy. Your attorney should be aware of this. Your option is to either enter a blind plea or go to trial. You have an absolute right to go to trial regardless of the facts but you should discuss this with your attorney.
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