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Second DWI indictment...the DA said he will hold of indicting my case ?

Los Angeles, CA |

I’m somewhat confused about what my lawyer told me. My lawyer said that the DA is new and currently wants to charge my case as a felony DWI—since this is second offense (was parked at a gas pump this time and cop never witness my driving). The DA said he will hold of indicting my case until after administrative hearing for refusal is conducted and the arraignment transcript is received (missed dmv hearing but is now rescheduled). My lawyer requested transcript from arraignment where I had told the judge that I requested a blood test. Does this mean the DA is not willing to reduce/plea bargain my case or that the DA will indict my case as a felony unless something positive arises from the administrative hearing? Is there any possibility of a good outcome from any of this?

I am hoping and praying for at least a reduction of the felony if that is even possible. Really hoping for no dwi.

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Attorney answers 5

Best Answer

It sounds like the DA wants to see a transcript of the DMV hearing where the officer is likely to testify regarding a driving issue pertaining to your DUI criminal case? Your case has just began. It's too early to assume the DA won't be willing to negotiate your case - and yes, there is always the possibility of a good outcome. Patience.


Go back to your lawyer and keep asking questions until you get everything answered.


Felony? For a second offense? Was there an accident with injury involved in this one? Was the first a felony? If not, I'm having a hard time seeing how this would be a felony. Like the other attorney said, make sure you get ALL your questions answered.

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


Your misuse of legal terminology makes your question hard to understand. A DUI cannot be charged as a felony unless it is a fourth or greater offense or there is an injury.


First, unless someone was injured or your prior DUI was a felony, under California law, you cannot be cahrged with felony DUI. Second, the prosecutor can hold off to file up and until the statute of limitations passes, for misdemeanor DUI one year and for felony DUI three years. However, whether or not the statute of limitations has passed, if the delay prejudices your case, you can seek to have it dismissed with a Serna motion. Talk to a good and expereinced DUI lawyer to deal with all of this.

Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.

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