Chicago DUI lawyer answers the question "What happens if I break the sentencing order in my DUI case"?

This Chicago DUI lawyer has posted here and here on sentencing. Still, she is astonished by the large numbers of people, on a daily basis, who find themselves on the Violation Call for failure to abide by the terms and conditions of the sentencing order.

The sentencing order is essentially an agreement between the defendant and the court. It lays out all of the requirements including: the inability to have a gun or any other dangerous weapon; attending a Victim Impact Panel; and court fees and fines.

If any of the requirements are not met you can be re-sentenced up to the maximum penalty and/or fines. Funny, at the time of the sentencing you agreed to just that.

One thing that I've noticed again and again is a misunderstanding that drugs are illegal and while not explicitly spelled out in the sentencing order, it is assumed you know you can't use them while under the sentencing order. Heck, you can't use them at all because they are illegal regardless of the existence of a sentencing order.

As part of the treatment component in a DUI the defendant must complete counseling and Random Urine Drops (RUD's). These RUD's mean any drugs used will appear. For what it's worth, marijuana is an illegal drug and cannot be used.

Additionally, you can't effectively mask your use with the most common "test negative" products that are on the market. While such products may mask the illegal substance, their cleansing agents also show up in the urine. Your evaluator and the court will treat the appearance of these known cleansing agents as if you are positive for the illegal substance. The best thing you can do for yourself is to avoid "dropping hot" while under the direction of a sentencing order. It's much easier, and far less expensive, than trying to clean up the aftermath with substances that probably will not work, not to mention hiring a lawyer to fight to keep you out of jail.