Can a CDL DUI Be Reduced to Reckless Driving in Illinois? Attorney Joshua Boardman from Combs Waterkotte discusses everything you need to know about Illinois DUI criminal charges, including first-time DUI, second DUI, Illinois DUI laws, DUI defense strategies, CDL DUI charges, and more.
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Interview Transcript
Scott Michael Dunn: Can a CDL DUI be reduced to reckless driving in Illinois?
Joshua Boardman: That’s a great question. There are two laws that essentially apply in this situation. One would be federal what we call anti-masking laws, and state anti-masking laws as well. Basically, what those laws control is the state’s attorney and ultimately the judge’s ability to try to mask or mirror a conviction for a DUI. So, those masking laws prevent them from deferred prosecution agreements. Those masking statutes prevent them from offering court supervision or suspending the imposition of any kind of sentence subject to you completing whatever conditions the judge may put on you. And once again it’s part of the legislative intent to hold these drivers to a higher standard. So therefore they do not let state’s attorneys and judges provide them with more favorable results. So, to answer your question in a more complete manner, no, they cannot amend it away from a DUI charge as a mechanism to try to reduce the penalty for the driver.