3rd and 4th Illinois, how bad is the outlook?

[curious il]

What is the name of your state (only U.S. law)?

Good morning- this question is for an illinois driver.

A friend of mine had 2 previous DUI convictions. After at least 7 years of not driving (i met them during that period), she went to court and got her license back.

She would never tell me the circumstances of the second conviction- but it must have been pretty bad... I never grilled her on it, but she would never tell me how high her BAC was because she was "ashamed and embarrassed"
I know she rolled her vehicle, but I do not know if anyone else was in the car or if anyone else was injured.
All I know is that 7 years of not driving, she had to go to court, prove completion of an alcohol treatment program, and after several court appearances and thousands of dollars she was able to get a BAIID for a year and get her license back.

Now, roughly 2 years later, she went off the rails.
Early this year, she was caught in another DUI. I am unsure of the circumstances, because I am not closely involved with her anymore. Her license was of course suspended.
She was released, scheduled a court date... and did not show up. an "arrest without warrant" was issued by the judge.

Fast forward to last month- she was pulled over. Another DUI. No license. (the incident happened more than 60 days after the blown off appearance- so the unofficial 30 day grace period to turn herself in is long passed). She was taken in to custody, and has been in jail since. She tried to get bond reduced, and no dice. She has been arraigned and is going to trial- in custody until that point.


Being pragmatic, does this sound like she is facing a prison term? Does skipping out of a court date and getting nailed for the same offense influence sentencing?
If she asked for a jury trial, Is jumping bond on the first dui a huge obstacle to overcome?

If anyone has any similar cases they have been involved in, what was the outcome- what are the hurdles for her to overcome?
In the grand scheme of things, is this a worse than usual case? on a 1 to 10 scale of difficulty to defend, if a standard first time dui is a 1, where would you estimate the difficulty factor on this with the information given?

Thanks in advance.

 

[quincy]

What is the name of your state (only U.S. law)?

Good morning- this question is for an illinois driver.

A friend of mine had 2 previous DUI convictions. After at least 7 years of not driving (i met them during that period), she went to court and got her license back.

She would never tell me the circumstances of the second conviction- but it must have been pretty bad... I never grilled her on it, but she would never tell me how high her BAC was because she was "ashamed and embarrassed"
I know she rolled her vehicle, but I do not know if anyone else was in the car or if anyone else was injured.
All I know is that 7 years of not driving, she had to go to court, prove completion of an alcohol treatment program, and after several court appearances and thousands of dollars she was able to get a BAIID for a year and get her license back.

Now, roughly 2 years later, she went off the rails.
Early this year, she was caught in another DUI. I am unsure of the circumstances, because I am not closely involved with her anymore. Her license was of course suspended.
She was released, scheduled a court date... and did not show up. an "arrest without warrant" was issued by the judge.

Fast forward to last month- she was pulled over. Another DUI. No license. (the incident happened more than 60 days after the blown off appearance- so the unofficial 30 day grace period to turn herself in is long passed). She was taken in to custody, and has been in jail since. She tried to get bond reduced, and no dice. She has been arraigned and is going to trial- in custody until that point.


Being pragmatic, does this sound like she is facing a prison term? Does skipping out of a court date and getting nailed for the same offense influence sentencing?
If she asked for a jury trial, Is jumping bond on the first dui a huge obstacle to overcome?

If anyone has any similar cases they have been involved in, what was the outcome- what are the hurdles for her to overcome?
In the grand scheme of things, is this a worse than usual case? on a 1 to 10 scale of difficulty to defend, if a standard first time dui is a 1, where would you estimate the difficulty factor on this with the information given?

Thanks in advance.

She will no doubt have an attorney assisting with her defense. What will happen to her is a question mark.

We don't rank crimes on this forum but no crime is a good crime.

 

[FlyingRon]

In addition to a lawyer to deal with the criminal charges, you should help her find psychological help. She has a severe substance abuse problem and it's likely not going away without help at this point (or twelve step snake oil).

Illinois has no "lookback" limit. This is bad. Third offense is a felony. She's quite possibly looking at prison.

 

[HoHo]

Yeah my Dad got two DUIs within the same year and he was suppose to serve a year, and his deal got it down to 3 months. I would say she's going to serve some time no doubt, it all depends how hard the State comes to come down her and how hard her Attorney works to have the shortest amount of time possible, but they aren't going to give in. It took Delaware's court to sentence my Dad for the third DUI literally nearly 5 months, and the Crime was legit 3 or 4 months before that so yeah it's going to be frustrating but I wish her well.

 

[FlyingRon]

Yeah my Dad got two DUIs within the same year and he was suppose to serve a year, and his deal got it down to 3 months. I would say she's going to serve some time no doubt, it all depends how hard the State comes to come down her and how hard her Attorney works to have the shortest amount of time possible, but they aren't going to give in. It took Delaware's court to sentence my Dad for the third DUI literally nearly 5 months, and the Crime was legit 3 or 4 months before that so yeah it's going to be frustrating but I wish her well.

Delaware is irrelevant. Her third offense alone is a felony. She will have two felony charges. She is looking at substantial prison time. About the only good thing is the fourth offense extra time likely won’t apply because the fourth offense predates the third conviction.

 

[quincy]

Yeah my Dad got two DUIs within the same year and he was suppose to serve a year, and his deal got it down to 3 months. I would say she's going to serve some time no doubt, it all depends how hard the State comes to come down her and how hard her Attorney works to have the shortest amount of time possible, but they aren't going to give in. It took Delaware's court to sentence my Dad for the third DUI literally nearly 5 months, and the Crime was legit 3 or 4 months before that so yeah it's going to be frustrating but I wish her well.

Your dad, HoHo, has an additional problem with another offense in Pennsylvania. The three DUIs in Delaware, plus whatever offense he is awaiting extradition on, indicates an extended time in jail for him. The advice offered earlier to curious by FlyingRon (to seek treatment for substance abuse) seems good advice for your dad, as well.

 

[Zigner]

Your dad, HoHo, has an additional problem with another offense in Pennsylvania. The three DUIs in Delaware, plus whatever offense he is awaiting extradition on, indicates an extended time in jail for him. The advice offered earlier to curious by FlyingRon (to seek treatment for substance abuse) seems good advice for your dad, as well.

HoHo's not the OP. He just posted on here for moral support, since his dad's case is totally irrelevant in so far as curious il is concerned.

 

[quincy]

HoHo's not the OP. He just posted on here for moral support, since his dad's case is totally irrelevant in so far as curious il is concerned.

I know HoHo isn't the original poster. I already responded to HoHo on his/her own thread.

But FlyingRon's advice to curious is good advice for anyone who has been arrested for a DUI. There is a need for substance abuse treatment.

 

[Zigner]

But FlyingRon's advice to curious is good advice for anyone who has been arrested for a DUI. There is a need for substance abuse treatment.

Definitely!