Driving Under the Influence

If you have received a citation for Driving Under the Influence (DUI), the State’s Attorney’s Office will provide you with an offer of a sentence upon your plea of guilty.  Before an offer is extended you must obtain a DUI evaluation and provide a copy to the State’s Attorney’s Office DUI Division.

 

You are NOT required to accept the offer made to you by the State’s Attorney’s Office.  You have the right to be represented by an attorney.  You may either hire a lawyer of your choice, or, if you cannot afford to do so, you may ask the judge to appoint a lawyer for you.

 

The judge is NOT required to agree to the offer made to you, even if you wish to accept it.  If the offer is rejected  by the judge, you may request additional time to negotiate a new offer with our office, to hire an

attorney, or to have an attorney appointed if you cannot afford one.

 

You should schedule your DUI evaluation as soon as possible after receiving the citation.  You will be required to give the evaluator a copy of your driving record and a copy of the Warning to Motorist/Notice of Summary Suspension you received when arrested.

 

Local DUI Evaluators:

 

DUI Services                   Prevention and Treatment                  A & E Behavioral                            Pleasant Counseling

301 W. North St.            Services (PATS)                                     2570 Federal Drive                        303 E. Wood St., Suite A

Decatur, IL                      132 S. Water, Suite 628                       Decatur, IL                                       Decatur, IL

217-428-3843                 Decatur, IL                                             217-872-1003                                  217-422-6908

                                          552-4569

 

A copy of your Illinois driving record may be purchased from the Decatur Secretary of State office, 3149 N. Woodford Street, Decatur, Illinois.  If you have lost your copy of the Warning to Motorist/Notice of Summary Suspension you may purchase a copy from the Macon County Circuit Clerk’s Office on the first floor of the Macon County Courthouse, 253 E. Wood Street, Decatur, Illinois.

 

DUI evaluations may be personally delivered to the State’s Attorney’s Office DUI Division receptionist on the 2nd floor of the Macon County Courthouse, OR mailed to: 

 

            Macon County State’s Attorney’s Office

ATTN:  DUI Division

253 E. Wood Street, 2nd Floor

Decatur Illinois, 62523

 

Please include your case number with the evaluation for faster processing.

 

DUI OFFERS AND SENTENCING

 

TYPES OF SENTENCES

 

If you are convicted of DUI your driver’s license will be revoked.

 

A revocation will be for at least one year and may be for a longer period.  The length of your revocation is determined by the Illinois Secretary of State and is not controlled by the Court or by the State’s Attorney’s Office.

 

If you have questions about how long your license will be revoked, you must consult the Secretary of State’s Office or an attorney.

 

Court Supervision is a sentence which will allow you to avoid a conviction for DUI on your record.  You will be required to report to the Probation Office, to obey all orders of the court, and avoid committing any law violations during the term of supervision.  If you successfully complete the supervision period (up to 2 years) the case will be dismissed and you will not have a conviction for DUI on your record.

 

You may be placed on supervision for a DUI only 1 time in your life.  If you have ever received supervision for, or been convicted of, a DUI in Illinois or any other state, you are not eligible for a sentence of supervision.

 

Additionally, if you have ever entered into a negotiated plea to Reckless Driving, you are not eligible for a sentence of supervision.

 

Probation is a conviction.  If placed on probation you will have to follow all laws and orders of the court, and report to probation as directed.  Upon completion of probation you will have a DUI conviction on your record.

 

Conditional Discharge is a conviction.  If placed on conditional discharge you will have to follow all laws and orders of the court, and may or may not be ordered to report to probation.  If you successfully complete a sentence of conditional discharge you will have a DUI conviction on your record.

 

Straight Conviction is a conviction.  It simply means that you will be required to pay any fines and costs as well as complete any jail sentence if one is ordered.  However you will not be monitored by the Probation Office.

 

FINES AND COURT COSTS

 

The fines for a DUI may range from $1 to $2,500.  There may be mandatory minimum fines based on the facts of your case.

 

Court costs are required by law and may not be waived.  They include various court fees as well as the costs outlined below.  There is no set amount.  The amount will be calculated by the Circuit Clerk after your plea.

 

DUI Equipment fund fee – This fee is required upon any plea to DUI, and will total either $750 or $1,000 depending on your criminal history.

 

Trauma Center Fund Fee – This $100 fee is required upon any plea to DUI.

 

Spinal Cord Injury Paralysis Cure Research Trust Fund Fee – This $5 fee is required upon any plea to DUI.

 

Emergency Response Restitution – This fee, up to $1,000 per responding agency is to reimburse the police agency and/or any other emergency responder for the costs associated with your arrest and/or emergency response.

 

Crime Laboratory Fee – This $150 fee is mandatory if the Illinois State Police Crime Lab conducted any tests of your blood and/or urine.

 

EDUCATION AND TREATMENT

 

Victim Impact Panel – Upon a plea to DUI, you will be required to attend a Victim Impact Panel that is offered by the State’s Attorney’s Office.  You may register to attend at the State’s Attorney’s Office on the 4th floor of the Macon County Courthouse.

 

DUI Education – Upon a plea to DUI, you may be required to complete a certain number of hours of DUI Education.  The number of hours will be determined by the recommendation of the DUI evaluator.  The probation office will advise you as to how to complete these hours.

 

DUI Treatment – Upon a plea to DUI, you may be required to complete a certain number of hours of DU (Substance Abuse) Treatment.  The number of hours will be determined by the recommendation of the DUI evaluator.  The probation office will advise you as to how to complete these hours.


JAIL TIME AND/OR COMMUNITY SERVICE WORK

 

Depending on the facts of your case, you may be required to serve time in jail or to perform community service hours.  In some cases, such jail time or community service hours are mandatory. 

 

Day for Day - If your offer includes jail time, and the offer states that you are eligible for day for day credit, then you must serve exactly one-half of the time.  For example, if your offer says 10 days, you will serve 5 days.

 

No Day for Day - If a jail sentence is mandatory, you are NOT entitled to day for day credit.  If your offer contains jail time, and the offer states that you are NOT eligible for day for day credit, then you must serve THE ENTIRE time.  If your sentence is 10 days, you must serve 10 days.

 

Credit for Time Served - If you have already served time in jail on this charge, you are entitled to credit for that time against any sentence.  If you believe you are entitled to credit for time served, you may ask the judge at the time of your plea.

 

REFRAIN FROM ALCOHOL AND ILLEGAL SUBSTANCES

 

A condition of every offer is that you do not drink alcohol or use any other illegal substance during the time that you are on supervision, probation, or conditional discharge.

 

You may be randomly tested by the Probation Office during your supervision, probation, or conditional discharge period for use of alcohol and/or drugs.

 

SCRAM ALCOHOL MONITORING BRACELET

 

Some sentences include a condition that you participate in the SCRAM Program.  This is normally made a condition if the blood alcohol concentration at the time of your arrest was significantly high or if your criminal history includes multiple alcohol-related offenses.

 

If your offer contains SCRAM as a condition, you will be required to wear a SCRAM alcohol monitoring ankle bracelet for a specific period of time.  The cost of SCRAM is separate from the fines, fees, and other costs
outlined above. 

 

If SCRAM is part of your sentence, you will need to contact CAM Systems at (312) 251-7004 in order to obtain information as to installation of the bracelet and the cost.  The costs associated with SCRAM are based on your income.