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 defendants 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.
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.