Mischa Barton is in bargaining mode.

The 22-year-old actress is planning to plead no contest to a charge of misdemeanor driving under the influence, E! News Online reports, when she’s arraigned Thursday in connection with her December bust, a source close to Barton revealed.

If the Los Angeles District Attorney’s Office makes the deal, Barton would avoid jail time, a charge of marijuana possession will be dismissed, and another for driving with an invalid license will be reduced to an infraction.

According to the source, the former O.C. star will get three years of unsupervised probation, attend a three-month alcohol education program and pay a fine.

“That has always been the plan, but we don’t know exactly how the deal will go down,” the Barton insider said.