2nd dui w/ in 10 yrs cannot be charged as felony simply because 1st was felony w/ injury which had been reduced and dismissed.

Asked 3 months ago - Visalia, CA

I was awaiting sentencing on a 2nd dui being charged as a felony simply because it was w/ in ten yrs of the 1st which was a felony due to injury. I had researched this question months earlier and found conflicting answers w/ only about 20 to 25% of them answering favorably on my behalf. I trusted what my lawyer @ the time was telling me. He and 80% of the lawyers that answered my questions basically told me that it can be charged as felony even though 1st had been reduced and dismissed per 17b and 1203.4 3yrs prior to getting 2nd dui. I thought it was important for the current and future clients of all lawyers who may read this post to know that a reduction and dismissal of a felony under 17b and 1203.4 is then a misdemeanor for ALL purposes. I was sentenced on misd. charges just recently.

Attorney answers (8)

  1. Matthew Murillo

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . It depends on a variety of factors. More then you make it seem to be.

    It appears you believe you were given bad information, but please remember, this site is not intended to provide ear cut answers. Nothing in law is that clear. Many of those situations, depend on a variety of details. And many attorneys state general responses because it's impossible to get all of the necessary information from a Q&A site like this.

    I'm glad things worked out for you. But please don't assume you now have the answer to all felony DUI offenses across the board.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  2. Greg Hagopian

    Contributor Level 13

    4

    Lawyers agree

    Answered . Thank you due sharing. I do these kinds if 1203.3 reductions quite a bit (I specialize, so u suppose us be part if the 20%) and you are correct. The reduction also restores the right to own a gun, and to sit on a jury.

  3. Julia E. Simmons

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . Is there a legal question or are you attempting to inform everyone?

    I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and... more
  4. Stephen Ross Cohen

    Contributor Level 20

    3

    Lawyers agree

    Answered . The reduction under 17b5 reduces a felony to a misdemeanor when granted, it is a court decision. However expungment only seals the record for civilian purposes in California please read penal code 1203.4 this does not wipe out the conviction or hide it from the government for purposes of licensing, some political offices and from law enforcement,

    Please only call me if your case is in California as I am only licensed here and laws of other states may vary.... more
  5. James Roy Dickinson

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . There is no question here. If you have a legal question, you may want to speak with a qualified attorney who can assist you.

  6. Jay Scott Finnecy

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Thank you for stating your understanding of this complex issue.

    San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy
  7. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You are correct in what you post - I'm not sure why the original answers and information (assuming your question accurately reflected what occurred) were wrong.

    Yes, a reduction makes the conviction a misdemeanor FOR ALL PURPOSES. That means it is no longer a felony. That means your second DUI within 10 years is a misdemeanor (unless it qualifies as a felony for its own reasons).

    Glad it worked out for you. Good luck in the future.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  8. David Matthew Piper

    Contributor Level 15

    2

    Lawyers agree

    Answered . Nice to hear things worked out for you.

    The only point proved, however, is that free legal advice is worth exactly what you pay for it.

    Reliance on any information in this website is at the sole risk of the user and the user understands that he or... more

Related Topics

DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,964 answers this week

3,100 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,964 answers this week

3,100 attorneys answering