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Asker
Posted almost 2 years ago.

Thank you for the information. I had a felony DUI about 5 years ago b/c I had 4 within 10 years. I recently got pulled over and blew .09%

I was arrested for misdemeanor DUI but am pretty sure that when I go to arraignment it will get bumped to a felony because of the prior felony DUI...
Thoughts?

Greg Hagopian
Greg Hagopian, Criminal Defense Attorney - Visalia, CA
Posted almost 2 years ago.

You will probably be allowed to plea to a misdemeanor. If not... For a felony DUI with a five year gap you are probably looking at felony probation. A .09 isn't unbeatable as a breath test. The machines aren't accurate enough.

Greg Hagopian
Greg Hagopian, Criminal Defense Attorney - Visalia, CA
Posted almost 2 years ago.

You will probably be allowed to plea to a misdemeanor. If not... For a felony DUI with a five year gap you are probably looking at felony probation. A .09 isn't unbeatable as a breath test. The machines aren't accurate enough.

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Asker
Posted almost 2 years ago.

Shoot!! I just double checked the dates and I was off by a year; the felony DUI was 4 Years ago exactly...does that make a difference in regards to the gap time frame? Also I did blood...meant to say I registered at .09%.

Thank you very VERY much for replies, they are very helpful. I do plan on getting an attorney but I just want to be as educated on this as I can be in the meantime.

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Asker
Posted almost 2 years ago.

**I was arrested for the felony DUI 10.16.2007....this last DUI was 07.27.12...so about 2.5 months under 5 years.