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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.