QUESTION

Can my misdemeanor OWI be a felony?

Asked on Jun 27th, 2013 on DUI/DWI - Missouri
More details to this question:
I was arraigned on a misdemeanor operating while intoxicated.
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3 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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This is not a California question, you need to ask a lawyer in your home state, in California, under certain facts a DUI can be a felony.
Answered on Jun 27th, 2013 at 4:35 PM

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Michael J. Breczinski
A misdemeanor is a anything that carries less than 1 year in jail. A felony carries more than that. What it is depends on what the charges are in court. In some cases OWI can be a felony if there was death, serious injury, minor children or a third offense.
Answered on Jun 27th, 2013 at 11:27 AM

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The prosecutor would have to file the charges as a felony and there would be another arraignment. The prosecutor would have to prove all of the elements of the felony at trial.
Answered on Jun 27th, 2013 at 11:08 AM

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