Felony DUI and Motion to Reduce to Misdemeanor

A conviction for a felony DUI carries with it serious consequences independent of the actual court penalties. A felony conviction will end many job opportunities. However, a felony conviction does not need to remain a felony conviction forever. Upon successful completion of court-mandated penalties, a motion to reduce the felony to a misdemeanor may be made.

Penal Code 17b allows a judge discretion to reduce a felony conviction to a misdemeanor conviction. The Judge will take into account the facts and circumstances of the original allegations, including the seriousness of any injuries caused to a victim. The Judge will also take into account the defendant's character, history, and demeanor, including any remorse shown. Most importantly, the defendant must have completed all court-ordered penalties and must have no new arrests.

If a motion to reduce a felony DUI conviction to a misdemeanor is granted, the Judge then has discretion to consider a Petition to Expunge the misdemeanor conviction. Upon successful completion of probation, the court can allow the defendant to withdraw his or her plea of guilty, enter a not guilty plea and have the case dismissed pursuant to Penal Code 1203.4. Only a misdemeanor conviction may be expunged in this way, so it is necessary for a motion to reduce to a misdemeanor to be granted first.

Following a motion to reduce and a motion to dismiss, any defendant may then represent that he or she no longer has a conviction either for a felony or a misdemeanor, thereby re-opening doors to career opportunities again.

If you have a felony DUI conviction and you are interested in filing a motion to reduce to a misdemeanor and then a motion to dismiss, please call Los Angeles Felony DUI Lawyers Gold & Witham for a free case evaluation.