Will past DUI count?
I have a friend who recently received a DUI. He has been given notice that his license will be suspended as of the 31st of Dec. He has a prior DUI about 3-5 years ago, he's not sure of the date, in a different county. He received supervision for that DUI and hasn't been in trouble since until a few weeks ago. Will the first DUI count or since he got supervision will the first one have been dropped and this be a first offence. Also, he drives for a living. Is it possible for him to be able to keep his job or will he need to find other employment. Thank you.
2 Answers from Attorneys
Re: Will past DUI count?
Well, your question is more complicated than you realize. Special rules are applicable to DUI litigation. You friend has BIG problems. The Supervision, although not a conviction, does have application to the pending cases. You should see a lawyer YESTERDAY.
Re: Will past DUI count?
In Illinois, one is allowed only a single supervision in a lifetime. After that any DUI that results in a finding of guilty either by way of a plea or a finding of guilty after a trial must receive a conviction. As you can see, for purposes of this new DUI your friend will be considered under the law as a second offender.
A conviction carries a possible penalty of up to 364 days in jail and/or a fine of up to $2,500.
Also though there a somewhat different rules regarding the suspension, a second offender for suspension purposes receives a three year suspension. The suspension can be contested in court, but must be done so within ninety days of receiving notice that there will be a suspension. Such notice usually takes place when the ticket is issued.
As you can see, your friend needs a lawyer to assist in either avoiding the penalties through a finding of not guilty, or to minimize the penalties through assistance in mitigation.