QUESTION
Will a third DUI always result in a felony charge?
Asked on Nov 12th, 2013 on DUI/DWI - Michigan
5 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Third DUI is misdemeanor.
Answered on Nov 14th, 2013 at 3:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is sometimes possible to plea bargain the charge down. Get a good attorney.
Answered on Nov 12th, 2013 at 3:52 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If this is a California case and you have never been charged with a felony DUI then a third offense should be charged as a misdemeanor.
Answered on Nov 12th, 2013 at 3:51 PM
Nope. It's 4th within 10 days, unless there is injury to victim(s).
Answered on Nov 12th, 2013 at 3:51 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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A third DUI is a felony. Most prosecutors have strict policies against plea bargaining felony DUIs down to misdemeanors unless there are serious problems with your case. However, you may be eligible for Sobriety Court. Upon successful completion of Sobriety Court, which usually lasts anywhere from 12 to 18 months, your felony DUI would be reduced to a second offense DUI which is a one-year misdemeanor. This is a very serious charge and you need to be represented by an experienced DUI attorney in your area. There may be issues or problems with your case that could be used as leverage when negotiating with the prosecutor to get a dismissal or a reduction in the charges.
Answered on Nov 12th, 2013 at 3:02 PM