How does a DUI become an aggravated DUI / felony:
Typically first offense or second offense DUI is a Class A misdemeanor. However, any charge of DUI can be charged as an aggravated dui (also referred to as a felony DUI) based upon the specific circumstances of the case. For example, a first DUI can be a felony if you are stopped either without a valid driver’s license or if serious injury resulted.
Difference between a misdemeanor DUI and a felony DUI:
The basic differences are in the punishment you will receive if you are found guilty. On a felony DUI, it is usually charged as a class 4 felony, although it can be charged higher based upon specific case facts.
Can a felony DUI be reduced to a misdemeanor DUI:
Yes. I often have felony dui charges reduced to misdemeanor charges. However, for me to have it reduced I usually have to take one of two steps: First, I often will file a pretrial motion, such as a motion to quash the arrest. This is a motion where I ask the judge to dismiss the case because the police officer did not have a reason to either stop my client’s vehicle or did not have a reason to believe my client was under the influence of alcohol or drugs. I although I file this motion often, I usually do not need to actually conduct the hearing as the state’s attorney realizes that I could win the motion and the entire case could be dismissed.
The second method to have the case reduced is to submit a mitigation letter to the supervising prosecutor. A mitigation letter brings up all of your achievements in your life, contains information about your family and job and the circumstances of the arrest.
For more specific information and to review the facts of your case, call Attorney Young for a no-obligation consultation.