DUI Lawyer | Joel Brand, Esq.

Reducing a Felony DUI to a Misdemeanor Under 17(b)

Introduction

Facing a felony DUI charge in California can have severe and long-lasting consequences. However, for certain individuals, there is a legal avenue to potentially reduce a felony DUI to a misdemeanor under California Penal Code 17(b). This reduction can significantly mitigate the impact on one’s life, including employment opportunities, civil rights, and social stigma. This article explores the legal framework, eligibility criteria, procedural steps, and the potential benefits of reducing a felony DUI to a misdemeanor under Penal Code 17(b).

Understanding California Penal Code 17(b)

California Penal Code 17(b) allows certain felony charges to be reduced to misdemeanors. This statute is applicable to crimes known as “wobblers,” which can be charged either as a felony or a misdemeanor. A felony DUI can qualify as a wobbler if it meets specific conditions.

Eligibility Criteria for Reduction

  1. Wobbler Offense: The DUI must be classified as a wobbler. Typically, a DUI becomes a felony when it involves:
    • Injury to another person (Vehicle Code 23153).
    • A fourth or subsequent DUI within ten years.
    • A prior felony DUI conviction.
  2. Probation: The individual must have been granted probation for the felony DUI conviction. If probation was not granted, reduction under Penal Code 17(b) is not an option.
  3. Court’s Discretion: The decision to reduce a felony to a misdemeanor is at the discretion of the court. The judge will consider various factors, including the defendant’s behavior during probation, the severity of the offense, and the defendant’s criminal history.

Benefits of Reducing a Felony DUI to a Misdemeanor

  1. Employment Opportunities: A misdemeanor on one’s record is generally less detrimental than a felony. It can open up more job opportunities, as many employers are hesitant to hire individuals with felony convictions.
  2. Restoration of Rights: Reducing a felony to a misdemeanor can restore certain civil rights, such as the right to vote and the right to serve on a jury.
  3. Social Stigma: The social and personal stigma associated with a felony conviction can be significantly reduced when the charge is lowered to a misdemeanor.
  4. Housing Opportunities: Many landlords conduct background checks and may refuse to rent to individuals with felony records. A misdemeanor is less likely to result in housing discrimination.
  5. Professional Licenses: Certain professional licenses can be jeopardized by a felony conviction. A misdemeanor is less likely to affect professional standing.

Procedural Steps for Reduction Under 17(b)

  1. Completion of Probation: The defendant must successfully complete probation without any violations.
  2. Filing a Petition: The defendant, often with the assistance of an attorney, must file a petition for reduction under Penal Code 17(b). This petition can be filed at any point during probation or after probation has been completed.
  3. Court Hearing: A hearing will be scheduled where the defendant can present evidence and arguments supporting the reduction. The prosecution may also present arguments against the reduction.
  4. Judicial Decision: The judge will make a decision based on the evidence presented, the defendant’s conduct during probation, and other relevant factors. If the judge grants the petition, the felony will be reduced to a misdemeanor.

Factors Considered by the Court

  1. Defendant’s Behavior During Probation: The court will consider whether the defendant complied with all terms of probation, such as attending DUI school, paying fines, and avoiding further legal trouble.
  2. Severity of the Offense: The circumstances surrounding the DUI, including whether it resulted in serious injury or property damage, will be taken into account.
  3. Criminal History: The defendant’s prior criminal record, including any previous DUI convictions, will influence the court’s decision.
  4. Evidence of Rehabilitation: Demonstrating efforts at rehabilitation, such as participation in alcohol treatment programs, community service, or other positive contributions, can be persuasive.

Conclusion

Reducing a felony DUI to a misdemeanor under California Penal Code 17(b) offers a valuable opportunity for individuals to mitigate the long-term consequences of a serious charge. While the process requires careful navigation of legal procedures and presentation of compelling evidence, the potential benefits are substantial. Consulting with an experienced DUI attorney can significantly enhance the likelihood of a successful reduction, enabling individuals to move forward with their lives more freely and positively.

Citations

  1. California Penal Code Section 17(b)
  2. California Vehicle Code Section 23153
  3. People v. Superior Court (Alvarez) (1997) 14 Cal.4th 968, 976