DUI Lawyer | Joel Brand, Esq.

Use Penal Code 17(b) to Get Your Felony DUI Reduced to a Misdomeanor

If you are facing a felony DUI charge in California, understanding Penal Code 17(b) and how it can assist in your case is crucial. This statute offers a pathway to reduce a felony charge to a misdemeanor, potentially altering the trajectory of your legal situation significantly. This article will provide a comprehensive overview of Penal Code 17(b), its application in felony DUI cases, and the benefits of having your charge reduced.

Understanding Penal Code 17(b)

Penal Code 17(b) is a provision in California law that allows a judge to reduce a “wobbler” offense from a felony to a misdemeanor. A “wobbler” is a crime that can be charged either as a misdemeanor or a felony, depending on the circumstances of the case and the discretion of the prosecutor or judge.

Criteria for Reduction Under Penal Code 17(b)

Not all felony charges are eligible for reduction under Penal Code 17(b). To qualify for a reduction, the following criteria generally must be met:

  1. The Offense Must Be a Wobbler: Only crimes classified as wobblers can be reduced. For DUI offenses, this typically applies to situations involving a DUI causing injury (California Vehicle Code § 23153) which can be charged as either a misdemeanor or felony.
  2. Probation Must Be Granted: The defendant must have been granted probation rather than sentenced to state prison. If a defendant is sentenced to state prison, they are ineligible for a reduction under Penal Code 17(b).

Application of Penal Code 17(b) to Felony DUI Charges

Felony DUI Charges

A DUI can be charged as a felony in several circumstances, including:

  1. DUI Causing Injury (California Vehicle Code § 23153): If you cause bodily injury to another person while driving under the influence, you can be charged with a felony.
  2. Fourth or Subsequent DUI Offense (California Vehicle Code § 23550): If you have three or more prior DUI convictions within ten years, a fourth offense can be charged as a felony.
  3. DUI with Prior Felony DUI Conviction (California Vehicle Code § 23550.5): If you have a prior felony DUI conviction, any subsequent DUI can be charged as a felony.

Benefits of a Reduction to a Misdemeanor

Reducing a felony DUI charge to a misdemeanor under Penal Code 17(b) can provide several significant benefits:

  1. Avoiding a Felony Record: A felony conviction can have long-lasting consequences, including loss of certain civil rights (e.g., the right to vote or possess firearms), difficulty obtaining employment, and social stigma. Reducing the charge to a misdemeanor can help mitigate these issues.
  2. Less Severe Penalties: Misdemeanor convictions typically carry lighter sentences compared to felonies. This can include reduced jail time, lower fines, and less severe probation conditions.
  3. Restoration of Rights: Reduction to a misdemeanor can help restore certain rights, such as the right to own or possess firearms, which are often lost with a felony conviction.

The Process of Seeking a Reduction Under Penal Code 17(b)

Step 1: Eligibility Assessment

The first step in seeking a reduction under Penal Code 17(b) is to determine if your felony DUI charge qualifies as a wobbler. Consulting with an experienced DUI attorney can help you assess your eligibility based on the specifics of your case.

Step 2: Filing a Motion

If you are eligible, your attorney will file a motion with the court requesting a reduction of your felony charge to a misdemeanor under Penal Code 17(b). The motion must include:

  • Case Details: Information about your case, including the original charges and the circumstances surrounding your DUI.
  • Legal Argument: A compelling argument explaining why the reduction is justified, focusing on factors such as your criminal history, the nature of the offense, and any mitigating circumstances.

Step 3: Court Hearing

Once the motion is filed, the court will schedule a hearing. During the hearing, your attorney will present the argument for reducing the charge, and the prosecutor may present arguments against the reduction. The judge will then decide whether to grant the motion based on the evidence and arguments presented.

Step 4: Judge’s Decision

If the judge grants the motion, your felony DUI charge will be reduced to a misdemeanor. This reduction will be reflected in your criminal record, and you will be subject to the penalties and conditions associated with a misdemeanor rather than a felony.

Factors Influencing the Judge’s Decision

Several factors can influence a judge’s decision to grant a reduction under Penal Code 17(b), including:

  1. Criminal History: A clean or minimal criminal record can positively impact the judge’s decision.
  2. Nature of the Offense: The circumstances of the DUI offense, including whether it involved significant injury or property damage, can affect the outcome.
  3. Conduct During Probation: Demonstrating good behavior and compliance with probation conditions can support your case for reduction.
  4. Mitigating Factors: Any mitigating factors, such as participation in alcohol treatment programs or community service, can be persuasive.

Conclusion

Penal Code 17(b) offers a valuable opportunity for individuals facing felony DUI charges in California to seek a reduction to a misdemeanor. This reduction can significantly impact your future by lessening the severity of penalties and avoiding the long-term consequences of a felony conviction. Understanding the criteria and process for seeking a reduction under Penal Code 17(b) is crucial, and consulting with an experienced DUI attorney can help you navigate this legal pathway effectively.

References

  1. California Penal Code § 17(b)
  2. California Vehicle Code § 23153
  3. California Vehicle Code § 23550
  4. California Vehicle Code § 23550.5