Will a third DUI always result in a felony charge? 11 Answers as of December 27, 2013

Is it possible to get it reduced to a misdemeanor?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Depends on the jurisdiction. So rather than worry about the alcoholism, you are worried about the felony.
Answer Applies to: Georgia
Replied: 12/27/2013
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Third DUI is misdemeanor.
Answer Applies to: California
Replied: 11/14/2013
Anderson Law Office
Anderson Law Office | Scott L. Anderson
In MN it takes four DUI's within ten years to be a felony offense. Call an attorney in your area asap.
Answer Applies to: Minnesota
Replied: 11/14/2013
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
It depends upon the law of your state. In Minnesota, a third DUI within ten years is a gross misdemeanor. A fourth such offense is a felony.
Answer Applies to: Minnesota
Replied: 11/12/2013
Hudson Bair | Hudson Bair
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.
Answer Applies to: California
Replied: 11/12/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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.
    Answer Applies to: Michigan
    Replied: 11/12/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is sometimes possible to plea bargain the charge down. Get a good attorney.
    Answer Applies to: Michigan
    Replied: 11/12/2013
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    It is possible.
    Answer Applies to: Illinois
    Replied: 11/12/2013
    Hawklaw Law Firm | Andrew Thomas Hooyman
    Yes, it will. It is possible if the prosecutor is willing to make a deal. However, usually unlikely. Best bet is to fight the charge.
    Answer Applies to: Minnesota
    Replied: 11/12/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Possible and in most cases it is likely.
    Answer Applies to: Nebraska
    Replied: 11/12/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Nope. It's 4th within 10 days, unless there is injury to victim(s).
    Answer Applies to: California
    Replied: 11/12/2013
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