NOTE: This page reflects updated content to clarify the intersection of DUI and use of cannabis. Even though the Cannabis Regulation and Tax Act legalized cannabis for recreational use on January 1, 2020, it remains an Illinois crime to drive while impaired by cannabis.
For moving violations under the Illinois Vehicle Code, state law only allows a person to receive a sentence of supervision twice in any 12-month period. This law has a very important consequence for any person accused of driving under the influence (DUI).
Under Illinois law, DUI involves the operation of a motor vehicle while intoxicated or impaired. Any person who drives after consuming alcohol, cannabis, or other substances can face charges for DUI. Even though drivers may legally consume alcohol or cannabis, there are legal limits in place to determine intoxication or impairment.
In terms of applicable charges, DUI is a Class A misdemeanor offense. It has a maximum penalty of up to one year in county jail and a fine of $2,500. A jail sentence is not typical for a first-time offense without a traffic accident or injury. Assuming the lawyer does a good job for their client, a defendant can receive supervision instead.
Supervision is the minimum sentence you can receive for a misdemeanor in Illinois. It is basically a continuance in the case for a period of time. If the defendant has complied with the terms of supervision at the end of that period, the charge(s) will be dismissed without a conviction. In this sense, supervision does not involve an adjudication of guilt.
Supervision is critical in DUI offenses, because a conviction will cause the Secretary of State to revoke the defendant’s driver’s license. Typically, the defendant’s license will be revoked for a period of one year. On the other hand, supervision does not lead to driver’s license revocation, making it key in DUI cases.
But what happens if the defendant already had two supervisions within one year of the date of the DUI offense?
Before 2009, supervision was not available for persons in this category. Since that time, however, state lawmakers changed the sentencing statute. Now, defendants can have more than two supervisions in any 12-month period if the last offense is a DUI. See 730 ILCS 5/5-6-1.
Thus, Illinois law allows first-time DUI offenders to receive a sentence of supervision, even if they received two prior sentences of supervision in that year.