NOTE: The following content was refreshed to demonstrate 2020 changes to Illinois law with passage of Public Act 101-027. On the first day of the year, this Act officially legalized the use and possession of marijuana for recreational use and updated intoxication standards accordingly.
Defendants who are charged with driving under the influence (DUI) under Section 11-501 of the Illinois Vehicle Code will almost always benefit from reducing the charge to reckless driving under Section 11-503.
Why reduce an Illinois DUI to reckless driving?
Both offenses are Class A misdemeanors for which the maximum sentence can be one year in jail and a fine of $2,500. But the consequences for each offense are not the same. Part of this relates to the intoxication and impairment requirements for DUI offenses. When a person drives drunk or while impaired by marijuana, their conduct goes beyond mere recklessness.
Consequently, a DUI conviction has the result of a mandatory revocation of your driver’s license by the Secretary of State under Section 6-205. A conviction for reckless driving, however, does not result in a revocation.
There is an exception where the defendant has two prior convictions for reckless driving in the same year. A third conviction for reckless driving within 12 months will result in a revoked license under Section 6-205.
The fact that reckless driving will not revoke your license is the primary reason for seeking a reduced charge in a DUI situation. Court supervision is available on a first DUI offense, but not the second. Therefore, a reduction to reckless driving is critical for a second DUI offense.
Similarly, pleading guilty to reckless driving is preferable to court supervision for DUI, even for first-time offenders. While on court supervision, any violation of the sentence can result in re-sentencing and a conviction. That conviction will, of course, revoke your driver’s license.
Therefore, while court supervision for DUI may seem like a good deal, you are constantly at risk of making a mistake. Even a minor traffic offense or failure to pay a fine can be a serious problem while on court supervision for DUI.
If you violate your sentence for reckless driving, however, the Secretary of State generally cannot take any action against your driver’s license. The court may sentence you for up to one year in jail. But the Secretary of State cannot revoke your license. There is one exception. If the defendant fails to pay all the fines and court costs associated with a reckless driving charge, the Secretary will refuse to renew your license for failure to pay (e.g., there will be an FP notation on your driver’s abstract).
Last, the issue of your criminal record is important. A reckless driving offense on a driving record may not look that bad. Whereas a DUI on someone’s driving record is always negative.
Penalties for DUI reduced to reckless driving in Illinois
The sentence for a DUI reduced to reckless driving will be generally almost exactly the same as a sentence for DUI. A substance abuse evaluation may be required. And the defendant will be ordered to complete all recommended treatment. Also, the defendant will be ordered to attend a Victim Impact Panel where DUI victims discuss the ways in which drunk drivers have affected their lives. A fine will be imposed that is typically higher than average (to compensate for the fact that the DUI has been reduced).
