Sometimes, individuals facing criminal charges are offered plea bargains— opportunities to plead guilty to a less severe charge than the one they are actually facing. A plea bargain can benefit the defendant as well as the court and criminal justice system: while the defendant avoids the severe penalties associated with his or her charge, the court saves time and money by not having to go through the process of completing a criminal trial. Plea bargains can also prevent overcrowding in jails and prisons.

In Illinois, it is possible to “plead down” a DUI charge to a reckless driving charge. When an individual accepts an offer to plead guilty to reckless driving, he or she avoids having a DUI charge on his or her record and many of the penalties that accompany it, like a mandatory driver’s license revocation.

Who Gets Offered Plea Deals?

When an individual is facing one or more criminal charges, it is often possible for him or her to have one of the charges dismissed or the single charge reduced in exchange for a plea of “guilty” or “no contest” to a less severe charge. This is known as a plea bargain. In Illinois, it is possible to have a DUI charge reduced through a plea bargain. This reduced charge is known as a “wet reckless” and is a type of reckless driving charge. Moreover, the defendant faces the penalties associated with a reckless driving conviction instead of those associated with a DUI. These penalties are less severe than the penalties for a DUI conviction.

Along with avoiding the consequences for a DUI, the defendant also avoids having a DUI conviction on his or her record, which can provide an advantage later if he or she is charged with a subsequent DUI. It is also important to note that, in most cases, a DUI cannot be expunged in Illinois.

What to Consider if you are Offered a Plea for your DUI Charge

There are a few circumstances under which an individual can be charged with a felony-level DUI in Illinois. A felony DUI charge is also known as an aggravated DUI due to the presence of one or more aggravating factors, facts about the incident that render it more destructive, more severe, or due to a greater level of malice or recklessness on the offender’s part. It is possible for one’s first DUI to be charged as a felony if there are aggravating factors present in the case.

The penalties an individual faces for a felony DUI conviction are far steeper than those for a misdemeanor DUI, the “regular” type of DUI conviction for first time offenders. For a felony DUI conviction, a defendant can face one year or longer in prison and thousands of dollars’ worth of fines. With any DUI conviction, the driver can also potentially have his or her driver’s license suspended or revoked. When a DUI is charged as a felony, the circumstances present in the case determine its charge level.

Class 4 Felony DUI

There are certain traffic violations that you are better off accepting, paying your fine, and moving on with your life. DUI is not one of them. If you are convicted of driving under the influence of alcohol or another drug, you will face criminal and administrative penalties. It is always in your best interest to work with an experienced lawyer to fight a DUI charge.

Penalties for a First Time DUI Conviction in Illinois

In Illinois, a first time DUI offense is a Class A misdemeanor. An individual convicted of this offense faces the following:

Alcohol impairs an individual’s ability to safely operate a motor vehicle. Because drunk drivers are a hazard to themselves and all others on the road, it is illegal to operate a motor vehicle while under the influence of alcohol. Doing so can result in a driving under the influence (DUI) charge.

The Driver’s BAC at the Time of His or Her Arrest Matters

For an individual age 21 or older, the legal blood alcohol concentration (BAC) limit for operating a motor vehicle is 0.08 percent. For individuals under 21, the legal limit is 0.00 percent. In other words, having any alcohol in his or her system during a traffic stop can lead to a DUI charge for an underage individual.