Does Illinois allow a first DUI to be reduced to a lesser charge?

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Question:

Does Illinois allow a first DUI to be reduced to a lesser charge?

Answer:

Under illinois DUI laws, you may be able to try to plea the charges down, especially if it is a first offense. However, there is no "wet reckless" charge, which is what DUI charges are normally pled to in most states. As such, the prosecutor would need to be willing to let you plead down to another charge- like a basic reckless driving charge- if you are going to plead to a lesser charge. This can make it a bit more difficult to plead your charges down than in other states. 

If you are a first offender, then you do have a potential option under Illinois law: that option is to undergo court supervision. This would require you to successfully complete a probationary period. If you were successful, then the charges would not necessarily remain on your criminal record and you would potentially be able to avoid having your driver's license revoked. 

If you are not a first offender, then your options are very limited- especially since there is no wet reckless. You could attempt to try to prove your innocence or to prove that there was a problem with the charges (i.e. lack of probable cause for the search) or you could try to talk to a prosecutor to see if the prosecutor is willing to do anything for you... which they may very well not be.

If you do hope to have your Illinois DUI penalties reduced, then you should strongly consider speaking with a lawyer to find out exactly what your options are based on the situation. 

References:

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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