Can a Felony DUI Be Reduced to a Misdemeanor in California?
How to Get a Felony Reduced to a Misdemeanor in California
Being charged with a felony DUI in California can feel overwhelming, especially if you’re worried about prison time, a permanent criminal record, or how it could affect your job and your future. But in many cases, a felony DUI can be reduced to a misdemeanor — if you have the right legal strategy and an experienced defense attorney on your side.
At The Law Offices of Arash Hashemi, we’ve spent more than 20 years defending clients in Los Angeles who are facing serious DUI and felony charges. We understand the high stakes involved in DUI cases and know how to evaluate whether a reduction under California Penal Code 17(b) may be possible in your situation.
If you’ve been arrested or are under investigation for a felony DUI, don’t wait to protect your future. We offer a free consultation to review your case, explain your legal options, and take immediate steps toward reducing the charges. Call (310) 448-1529 now to speak directly with an experienced Los Angeles DUI lawyer.
What Is a Felony DUI in California?
Not all DUI charges are felonies in California. In fact, most DUIs are misdemeanors — unless certain aggravating factors are present. A DUI becomes a felony when:
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It’s your fourth DUI offense within 10 years
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The DUI caused injury or death to another person
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You have a prior felony DUI conviction
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You’re already on probation for a felony DUI or a related offense
Under California Vehicle Code 23153, a DUI that results in injury to another person can lead to serious felony charges, even for first-time offenders. These cases often involve enhancements that can increase prison time and make it harder to qualify for sentence reductions.
If you’ve been charged with felony DUI, understanding the nature of the charge is the first step in building your defense — and potentially getting the charge reduced to a misdemeanor.
Felony Dropped to Misdemeanor in California: Can a DUI Be Reduced?
Yes, in many cases a felony DUI can be reduced to a misdemeanor — especially if the charge is classified as a “wobbler.” A wobbler is a crime that can be prosecuted either as a felony or a misdemeanor, depending on the facts of the case and the defendant’s background.
In California, this reduction is typically sought through a legal motion under Penal Code 17(b). The court has discretion to reduce a felony to a misdemeanor after a preliminary hearing, after probation, or as part of a negotiated plea deal.
To qualify for reduction, your attorney must show the court that:
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The offense is legally eligible for reduction
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You do not pose a continued threat to public safety
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You’ve complied with court orders or probation terms (if applicable)
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A reduction serves the interests of justice
Not all felony DUI charges are eligible for reclassification, and timing is critical. Early involvement by an experienced DUI lawyer can shape how your case is filed — and whether it’s treated as a felony at all.
Why Lowering a DUI Charge Can Change Your Future
Securing a misdemeanor resolution instead of a felony conviction isn’t just about avoiding prison — it can significantly impact your long-term opportunities and quality of life. A felony conviction can follow you for the rest of your life, making it harder to find work, secure housing, or hold onto professional licenses. A misdemeanor, while still serious, carries far fewer long-term consequences.
Here’s what this kind of outcome can mean for you:
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Avoiding Prison Time: Felony DUI convictions can lead to years in state prison. A misdemeanor typically results in county jail time or probation instead.
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Keeping a Felony Off Your Record: Reducing the charge can prevent you from carrying a felony status that appears on background checks for employment, housing, and more.
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Preserving Civil Rights: Felonies in California can result in the loss of gun ownership rights and other civil liberties. A misdemeanor conviction generally does not.
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Improving Eligibility for Expungement: Misdemeanor convictions are more likely to be expunged, giving you the opportunity to clear your record in the future.
In short, avoiding a felony conviction gives you not only legal relief but a second chance to move forward without the weight of a lifelong record.
How the Felony DUI Reduction Process Works
If you’re hoping to get a felony DUI reduced to a misdemeanor, you need to understand that it’s not something the court offers automatically. It has to be requested — and it has to be earned.
In California, most felony DUI reductions happen under Penal Code 17(b). That’s the law that allows a judge to reclassify certain felonies — called “wobblers” — as misdemeanors. But before a judge will even consider this, your attorney must file the right motion, at the right time, and present a convincing argument backed by evidence.
Depending on the facts of your case, the motion to reduce can be filed:
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At sentencing, as part of a plea deal
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After probation has been completed
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Or even later, if your record and conduct support a second look
But this process isn’t guaranteed. The prosecution may fight the reduction. The judge may be skeptical. And if you didn’t have strong representation early on, you may have missed opportunities to preserve your eligibility altogether.
That’s why having an experienced Los Angeles DUI lawyer involved from the beginning can make all the difference. At The Law Offices of Arash Hashemi, we know how to position your case for the best possible outcome — whether that means negotiating a plea, building a strong 17(b) motion, or challenging the original felony filing altogether.
Who Qualifies for a Felony DUI Reduction?
Not everyone facing a felony DUI in California will qualify for a reduction — but many people do, especially if it’s their first felony offense or the circumstances weren’t especially severe. The truth is, the court looks at more than just the charge itself. They want to know who you are, how you’ve responded to the situation, and whether a reduced conviction still serves the interests of justice.
Here are some of the key factors judges consider:
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Your criminal history. If you have no prior felonies or haven’t been in trouble for a long time, that weighs in your favor. On the other hand, multiple prior convictions — especially for DUI or violence — can work against you.
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Your behavior since the arrest. Did you comply with the court’s orders? Complete probation without violations? Enroll in treatment or DUI classes? These are all signs of rehabilitation that can help make your case.
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The facts of the DUI. Not all felony DUIs are the same. If your case didn’t involve serious injuries, reckless driving, or extremely high blood alcohol levels, it may be more appropriate for a misdemeanor charge.
Judges also consider whether you’re employed, support a family, or are otherwise active in your community. These personal details matter — but only if they’re presented effectively. That’s where your attorney comes in.
At our firm, we don’t just file paperwork. We build a persuasive argument backed by evidence, letters of support, and a clear picture of who you are — not just what you were charged with.
Why Early Legal Representation Matters
By the time a case reaches sentencing, many of the most important decisions have already been made. Whether your DUI is charged as a felony or misdemeanor often comes down to what happens early — sometimes within days of your arrest.
Prosecutors have wide discretion in how they file DUI cases. If there’s room for interpretation — for example, if the injuries involved were minor or there’s a lack of prior convictions — a skilled defense attorney can step in and negotiate for misdemeanor charges before the case is even formally filed.
Once a felony is filed, the stakes go up. You may still have options, but you’ll have to fight harder to reverse the trajectory. That’s why contacting a DUI lawyer right away isn’t just helpful — it can be the difference between walking away with a misdemeanor or carrying a felony record for life.
How Our Los Angeles DUI Lawyer Can Help Reduce Your Felony DUI
Whether you’re hoping to lower the charge, avoid jail time, or keep a felony off your record, we know what it takes to build an effective strategy tailored to your case.
We take a hands-on, proactive approach from day one. Our team will:
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Evaluate whether your DUI is eligible for a misdemeanor resolution under Penal Code § 17(b)
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Negotiate with the prosecution before formal charges are filed
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Challenge the initial felony filing through early legal intervention
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File and argue a strong motion for reclassification in court
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Present a full picture of your character and circumstances to support leniency
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Help you prepare for future expungement or record-clearing options
We don’t take a one-size-fits-all approach. Every case we handle is personal — because the outcome affects your career, your family, and your life. If you’ve been charged with felony DUI, you don’t have to face it alone. The earlier we get involved, the more options we have to fight for a better outcome — and keep a felony off your record.
Facing a Felony DUI in Los Angeles? Talk to a DUI Defense Attorney Today
If you’ve been arrested or charged with a felony DUI in Los Angeles, time is not on your side. The earlier you involve a skilled attorney, the more control you have over the outcome — including the opportunity to reduce the charge and avoid the lasting impact of a felony conviction.
Attorney Hashemi brings over 20 years of experience defending DUI and felony cases across Los Angeles. He knows how prosecutors build their cases — and more importantly, how to challenge them.
Your future deserves a strong defense. Call our office today for a free consultation and take the first step toward protecting your rights, your record, and your freedom.
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