I was charged with a misdemeanor DUI following an accident (no one was hurt, no one went to the hospital). My license was expired for about a month at the time. I know a DUI without a license is technically a Class 2 felony. Can they change the charges to a felony?
Yes, the state can upgrade a misdemeanor charge to a felony, generally any time before the misdemeanor is disposed of. However, that is not necessarily going to be the case here. You can best protect yourself, and your driving priliges, by acting as soon as possible to retain a lawyer if you can. You aboslutely need to consult an experienced criminal defense/DUI attorney. Most of us will provide that at no cost.
The government does not always file felony DUI charges when they are technically permissible. Until your case is finally resolved an upgrade could be made. Either way you will need an attorney. Whether felony or misdemeanor, your freedom, your money, your reputation and your driver's privilege are at stake. A skilled and experienced DUI defense lawyer will maximize the likelihood of getting the right result.
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