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Can my misdemeanor dui charge be change to a felony dui when i go to court?

Long Beach, CA |

I was arrested after i crashed into a house nobody was injured or harmed. On the paper that they gave me in jail with my charges only said that my charge was dui misdemeanor... i got released after 48 hours,i did not go to court during that time period or received a court date after my release, they only said to check back in two weeks and i want to know if im going to get a court date and if my charge could be change. This is my first dui

Attorney Answers 4


  1. When first arrested, it may be that the reports were not even written and its likely that no investigation was begun in earnest. You can be re-charged as felony if the DA believes that he can support a higher level of aggravation.

    You need to hire an attorney immediately and set him to work negotiating to KEEP this a misdemeanor. In general misdemeanor DUI's in Long beach are prosecuted by the city prosecutor's office. If your attorney can make early contact there and show that he's wiling to work with the city prosecutor (which may include restitution for the damage), it might help. However, the homeowner is probably poised to raise questions about how this is handled, so earlier resolution may be better. City prosecutor's office gets a lot of ink and you have a significant volume of background reading if you are so inclined.

    Good Luck.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.


  2. The charge can be changed by the prosecutor to a felony if the facts support a felony. Injury is one way as you point out, so lack of any injury is good news. Its best to consult counsel now to start preparing for court, and to setup the APS hearing with the DMV.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


  3. "Simply" crashing into a building cannot by itself alone amount to a felony DUI no matter how drunk you are! Felony DUI is very specific offense and applies only to causing bodily injury to others, not injury to yourself, and not injury to property. There ARE other possible legal FELONY DUI situations but they do not apply to your stated first offense DUI. That is the answer to your question but it doesn't mean that you don't need legal help, but the answer might help you get some sleep! g


  4. As long as no.ome was injured it is very unlikely that this would be amended to a felony. Make ni mistake.about it, it will be filed and you still have to.contend with the dmv but what ditunquishes a fitst DUI as a felony is causing bodily injury

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