Should I Plead My DUI Down to a Reckless Driving Charge?

 Posted on April 17, 2025 in DUI

If you have been charged with DUI, depending on the circumstances of your arrest, your attorney may be able to plead the charges down to reckless driving. While this type of plea agreement could be much better for you than taking your chances with a DUI conviction, there are questions that should be asked before you accept such an agreement.

While a plea agreement that turns your DUI charges into reckless driving charges might be your best option, there could potentially be better options available. Speak to your Rolling Meadows, IL DUI attorney to determine your best course of action, now and in the future.

What is a DUI Plea Bargain?

Under a plea bargain related to your DUI, you will enter a guilty plea or a plea of no contest to a lesser charge, like reckless driving, to avoid a DUI trial and potentially receive a much less severe sentence. The exchange for a plea deal is that you forfeit your right to a jury trial. In return, you know your sentence for reckless driving in advance.

Plea bargains are often proposed by the prosecutor, although your DUI attorney can ask the prosecutor for a plea bargain, especially if the prosecutor’s DUI case against you is weak or has obvious problems. Plea agreements are usually only offered to first-time DUI offenders with a relatively clean driving record. While some prosecutors may be very open to a plea agreement, others rarely offer or accept such agreements.  

Remembering that a judge can reject or refuse to accept any plea bargain agreement is also important. While this is rare, a judge who believes a plea agreement is too lenient or too harsh may do so. If the judge rejects a plea agreement, you are basically facing the original DUI charges at a jury trial.     

What Are the Pros and Cons of Accepting a Plea Agreement for Reckless Driving?

A first-time DUI and reckless driving are both Class A misdemeanors in Illinois. A reckless driving conviction is punishable by up to 364 days in county jail and fines and fees of up to $2,500. A reckless driving conviction places one point on your driver’s license.

It is rare that a driver with no prior history of traffic infractions would go to jail for reckless driving. There is also the possibility of "supervision" for reckless driving charges, which prevents the charge from showing as a conviction on your record. Supervision usually includes community service, paying fines, and attending traffic safety school for a period of 12 to 24 months.  

A DUI has very similar penalties, including up to a year in jail and a maximum fine of $2,500. There is also a minimum of a one-year driver’s license suspension for a DUI conviction. This is the primary difference between a conviction for reckless driving vs. a DUI conviction – you are much more likely to be able to keep your driving privileges, which is certainly no small thing.

Additionally, your current employer, as well as future employers, are much more likely to overlook a conviction for reckless driving than a DUI conviction. A reckless driving conviction could just mean that you were speeding – and who has not done that at one time or another? A DUI, on the other hand, could lead a current or future employer to believe you have a drinking problem, and this could make you unemployable.  

Contact an Arlington Heights, IL DUI Lawyer

Whether or not a plea deal for your DUI charges is the best thing for you will depend on whether your attorney has a strong case that could result in you being found not guilty on those charges. An experienced Rolling Meadows, IL DUI attorney from [[title] will work hard to ensure you receive the best outcome possible for your charges. Attorney Anderson has more than 25 years of experience practicing criminal law, both as a prosecutor and now as a criminal defense attorney. Call 847-253-3400 to schedule your free consultation.