A CHIP buttie is a written agreement between you and the prosecutor that lets you plead guilty to a reduced charge in exchange for completing a treatment or education program
The term comes from the acronym CHIP — which stands for different things in different states, but commonly means a court-ordered intervention or rehabilitation program. A "buttie" (sometimes written as "butt" or "agreement") is straightforward a contract. In a CHIP buttie, the prosecutor agrees not to pursue the original DUI charge if you complete the program they specify, then plead guilty to a lesser offense — usually reckless driving, wet reckless (a California term for driving with alcohol present but below the legal limit), or a traffic violation.
The core trade-off is straightforward: you admit guilt to something less serious than DUI, you complete the program (usually alcohol education or treatment), and the original DUI charge gets dismissed or reduced. This happens before trial, so you avoid the uncertainty and cost of going to court. The prosecutor gets a conviction on the record and assurance you will complete treatment. You get a lower charge, which affects your insurance rates, employment background checks, and driving record less severely than a DUI conviction would.
Key Takeaways
- A CHIP buttie requires you to plead guilty to a reduced charge after completing a specified program, usually alcohol education or counseling.
- The original DUI charge is dismissed or reduced only after you finish the program and the court confirms completion.
- may be able to access depends on your prior record, the facts of your arrest, and the prosecutor's discretion — not all cases may have access to.
- You must understand that pleading guilty, even to a reduced charge, creates a permanent criminal record and may affect licensing, employment, and insurance.
- The program itself costs money (typically $300 to $1,500 depending on length and location) and takes weeks or months to complete.
How a CHIP Buttie Differs From Other DUI Plea Options
A CHIP buttie is not the same as a straight plea bargain, a diversion program, or a deferred adjudication. In a straight plea bargain, you plead guilty to a reduced charge and the case ends — no program required. In a diversion program (where available), you may avoid a conviction entirely if you complete treatment, and the charge is dismissed without a guilty plea. A CHIP buttie sits in the middle: you do plead guilty to a reduced charge, but only after proving you completed the program.
The timing matters. With a CHIP buttie, the guilty plea typically comes after program completion, not before. This means the court will monitor your progress. If you fail to complete the program or violate its terms, the prosecutor can withdraw the agreement and pursue the original DUI charge. That risk is real and should factor into your decision.
What Programs Are Usually Required
The program specified in a CHIP buttie is almost always an alcohol education or treatment course. In many states, the minimum is a DUI school — typically a one-day or two-day class covering the effects of alcohol, impaired driving, and legal consequences. These cost between $300 and $600 and are offered by court-approved providers in most counties.
If your case involved higher blood alcohol content, prior DUI convictions, or an accident, the prosecutor may require a longer program: a 12-week or 26-week counseling course, sometimes called a Level 1 or Level 2 program. These run $800 to $1,500 and involve weekly sessions with a counselor or group. Some jurisdictions also require an alcohol assessment — a screening by a licensed counselor that determines whether you need treatment beyond education. The assessment itself costs $100 to $300 and may recommend additional counseling.
You will need to complete the program through a court-approved provider. The court will specify which providers are acceptable, and you will need to enroll, attend all sessions, and obtain a certificate of completion. That certificate goes to the prosecutor and the court as proof you held up your end of the agreement.
Who Can Negotiate a CHIP Buttie
Not every DUI case qualifies for a CHIP buttie. The prosecutor has discretion to offer one, and they typically consider your prior record, the facts of the arrest, and local policy. A first-time DUI with no accident and a blood alcohol level just over the legal limit is a strong candidate. A second or third DUI, a crash, or a very high BAC makes it less likely the prosecutor will offer one.
Your attorney negotiates the CHIP buttie on your behalf. If you cannot afford an attorney, you have the right to a public defender, and they can request a CHIP buttie if it makes sense for your case. The prosecutor is not required to offer one, and some jurisdictions use them more than others. Rural counties and smaller cities may have less formal programs; larger urban jurisdictions often have established CHIP buttie protocols.
You should also know that accepting a CHIP buttie means you are giving up your right to contest the charge in court. You will not have a trial, and you will not challenge the evidence against you. If there are weaknesses in the prosecution's case, a CHIP buttie may not be in your interest — your attorney should evaluate that before you agree.
The Cost and Timeline of Completing a CHIP Buttie
The program cost is your responsibility. A basic DUI school runs $300 to $600 and can often be completed in one or two days, either in person or online (depending on your state and the provider). A longer counseling program costs $800 to $1,500 and takes 12 to 26 weeks, with sessions once or twice per week. Some providers offer payment plans if the full cost is a hardship.
The timeline from agreement to completion typically ranges from 4 to 12 weeks for a basic program, and 3 to 6 months for a longer one. You must enroll quickly — most agreements give you 30 to 60 days to start the program. Once you finish and obtain your certificate, you submit it to the court and prosecutor. The prosecutor then files a motion to dismiss or reduce the charge, and the judge signs off. The whole process from plea to final dismissal usually takes 2 to 4 months.
During this time, your license status depends on your state and the facts of your arrest. Some states impose an automatic suspension after a DUI arrest; others do not. A CHIP buttie does not automatically restore your license. You may need to request a hearing with the Department of Motor Vehicles or the state licensing board separately, and you may be required to install an ignition interlock device (a breathalyzer in your car) for a set period. Check your state's DMV rules — they are separate from the criminal case.
What Happens If You Do Not Complete the Program
If you fail to complete the program on time, miss sessions, or are terminated for non-compliance, the prosecutor can withdraw the CHIP buttie agreement. The original DUI charge will be reinstated, and you will be back where you started — facing the full DUI prosecution. The guilty plea you entered for the reduced charge may still stand, depending on how the agreement is written, so you could end up with a conviction on a reduced charge and a new DUI charge pending.
This is why it is critical to understand the program requirements before you agree. If you have work or family obligations that will make weekly counseling sessions difficult, or if you are struggling with substance use in a way that makes completion unlikely, discuss this with your attorney before signing. A CHIP buttie only works if you can actually finish it.
How a CHIP Buttie Affects Your Record and Future
A CHIP buttie results in a guilty plea to a reduced charge, which creates a criminal record. That record will show up on background checks for employment, housing, professional licensing, and some volunteer positions. The charge will be lower than a DUI — reckless driving or wet reckless instead — but it is still a criminal conviction.
Insurance companies will see the conviction and may raise your rates or drop you. Some states allow you to petition for record expungement (sealing or erasing the record) after a certain period, usually 3 to 10 years, but not all states allow this for DUI-related convictions, even reduced ones. Check your state's expungement laws with your attorney.
For employment, a reduced charge is better than a DUI conviction, but it is not invisible. If you work in a field that requires a clean driving record — commercial driving, law enforcement, certain professional licenses — even a reduced charge may disqualify you or require disclosure. Talk to your employer or licensing board about their specific policies before you accept the agreement.
Frequently Asked Questions
Can I get the conviction removed from my record after I complete the program?
That depends on your state and the specific charge. Some states allow expungement of reduced charges like reckless driving after 3 to 10 years, but others do not. Your attorney can tell you whether expungement is possible in your jurisdiction and what the waiting period is. Even if expungement is available, you will need to file a petition and may need to pay a court fee.
What if I cannot afford the program cost?
Tell your attorney and the court. Some providers offer payment plans or sliding-scale fees based on income. Some courts have funds to help defendants pay for required programs. You can also ask the judge to reduce the program requirement or extend the timeline. The court wants you to succeed, so they may work with you on cost.
Do I have to do a CHIP buttie if the prosecutor offers one?
No. You can reject the offer and go to trial, or you can negotiate for a different agreement. Your attorney should explain the risks and benefits of each option. Rejecting a CHIP buttie means you keep your right to contest the charge, but you also face the possibility of a DUI conviction if you lose at trial.
Will a CHIP buttie affect my driver's license?
Not directly — the CHIP buttie is a criminal case agreement, not a DMV action. However, your state's DMV may have imposed a suspension or restriction based on your arrest or BAC level, separate from the criminal case. You will need to handle the DMV process independently, which may include a hearing, an ignition interlock installation, or a restricted license period.
How long does the whole process take from arrest to final dismissal?
Typically 3 to 6 months, depending on the program length. A basic DUI school can be done in weeks, but longer counseling programs take 12 to 26 weeks. Add time for enrollment, scheduling, and the court's final paperwork. Your attorney can give you a more specific timeline based on your local court and the program required.