CAN I STAY OUT OF JAIL ON AN AGGRAVATED DUI BEFORE TRIAL?

Even though Illinois abolished cash bail, you may still be held in jail on a DUI before trial if  you are a threat to safety or a flight risk. Even so, the state must show by clear and convincing evidence that  less restrictive conditions than jail would not avoid this threat.

At your pretrial release hearing, your attorney may be able to argue that some combination of conditions would protect public safety and avoid your flight.  Perhaps you could wear a SCRAM device which monitors your drinking, or at least, go on electronic home monitoring.

In deciding your release, a court looks at:  (1) the nature and circumstances of your offense; (2) the weight of the evidence against you; (3) your history and characteristics; (4) the nature and seriousness of the specific, real, and present threat to any person that your would pose; and (5) the risk that you will obstruct or attempt to obstruct the criminal justice process. No one factor is dispositive.

In People v. Luna,  the defendant failed to show that a combination of conditions short of jail would protect the public. But in that case, the defendant had not had a valid driver’s license since 1989 and had five prior DUI convictions.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email  matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)