Could You Be Eligible for an Illinois DUI Diversion Program?

 Posted on June 05, 2025 in DUI

Facing DUI charges in Illinois can feel overwhelming. Because there are serious potential consequences of a DUI conviction, you may not know what you need to do to protect yourself and your future. You may fear losing your job and your livelihood, being unable to drive due to a suspended driver’s license, the financial cost, and the public stigma that often accompanies a DUI conviction.

If you are a first-time DUI offender, there may be a bit of good news. The state of Illinois, like many states, has alternative diversion programs for first-time DUI offenders. Diversion programs focus on rehabilitation rather than punishment. If you are facing DUI charges, it is important that you speak to your Arlington Heights, IL DUI attorney regarding whether you qualify for a diversion program.

What Types of DUI Diversion Programs Are Available in Illinois?

The primary type of DUI diversion program in the state is known as court supervision. Court supervision means the court does not enter a formal conviction against the defendant as long as he or she complies with all court conditions.

Court supervision can last as long as two years and requires that the defendant plead guilty to the DUI charges, receive an alcohol and drug evaluation, pay all court fines and fees, and attend DUI risk education classes. Community service may also be a condition of court supervision.

If all of the terms are successfully completed, the DUI charge will not appear as a conviction on the individual’s criminal record. The other type of alternative DUI program is known as the Alcohol and Drug Education Program (ADEP). Those who have an ongoing drug or alcohol problem who want to seek treatment – and avoid a prison sentence – will attend therapy.

Participating in a 12-step program with a mentor is required, and random drug testing may be conducted for program participants. Some individuals who are eligible to enroll in an ADEP program may be required to complete a specified number of community service hours or install an ignition interlock device in their vehicles.   

What Are the Eligibility Requirements for Court Supervision?

Not every first-time offender will qualify for court supervision or an ADEP program. Qualifications for court supervision include:

• The defendant must be a first-time DUI offender.
• Aggravating factors like a very high BAC, causing injuries to another person, or having a minor in the vehicle at the time of the DUI arrest can disqualify a person from court supervision.
• A guilty plea must be entered to indicate accountability.
• The defendant must fully comply with all requirements.

What Are the Benefits of Participating in a DUI Diversion Program?

The primary benefit of a DUI diversion program is that when an individual completes the program, he or she will not have a record with a DUI conviction on it. Having a clean record makes it much easier to obtain employment. Another benefit is that the defendant will not spend any time in jail.

The costs of court supervision are often much less than the increased car insurance premiums that a person convicted of DUI will face. Court supervision offers defendants the opportunity to learn about alcoholism and drug dependency while making positive, informed choices moving forward.

The Process of a DUI Diversion Program

DUI diversion programs are not automatic and require a skilled DUI attorney who can petition the court on behalf of the defendant, making a case as to why the individual deserves alternative sentencing. A judge reviews each case to determine whether the defendant qualifies for court supervision.

Missing classes, committing another criminal offense, or failing drug and alcohol screening can result in court supervision being revoked. Court supervision and the ADEP program are not "get out of jail free" cards. They require commitment, compliance, and hard work.

Contact a Rolling Meadows, IL DUI Lawyer

If you are facing DUI charges, speak to a highly skilled Arlington Heights, IL DUI attorney from Scott F. Anderson, Attorney at Law. Attorney Anderson has a deep understanding of what defendants face when charged with DUI, thanks to his 25 years of experience in criminal law, both as a prosecutor and now as a defense attorney. To schedule a free consultation, call 847-253-3400.