u/koalamama26

▲ 2 r/dui

First DUI, also facing felony charges...has anyone gotten a felony assault reduced to a misdemeanor in a DUI case?

Long story short, I was arrested for DUI and the state is also charging me with assault 3 (felony 'fear assault' because the cop who pulled me over reported experiencing fear due to what is described as reckless driving, but the video evidence hasn't been released so it's not clear what exactly that looked like). No one was injured and there was no vehicle accident involved. I didn't blow hard enough into the breathalyzer for it to read at the police station so they also charged me with refusing a chemical test, they got a warrant for my blood (don't know what it was yet). The DUI and chemical test refusal are misdemeanors and the fear assault is a felony.

I am a first-time offender, never been arrested or charged with anything. I am desperate to plea the felony down to a misdemeanor. I will probably lose my (great) job in healthcare over this, deservedly so. If I get the felony charge, I'll never be able to work with children or vulnerable adults again...if I get the misdemeanor, I won't be able to for five years, but can appeal for a special permit to do so. I have a public defender who has told me that the DA does not typically reduce felony assault charges down to misdemeanors in DUI cases.

Some people are telling me to get a DUI-specific private attorney, but if I can't reduce the felony in regular court I will be applying to a substance abuse treatment court that might let me reduce it through that program. My PD said that if I need to get into that program, having a private attorney could make me look "less sympathetic and like I am just trying to get out of this and don't really want treatment".

And yes, obviously I feel nothing but guilt, remorse, and shame for my actions. I am going to AA and applying to IOP treatment programs for substance abuse. I want to get help. I have a baby at home who is my reason for not ending it all over this.

Has anyone else had any luck getting a felony assault charges that were paired with a misdemeanor DUI reduced to all misdemeanors? This is my first time dealing with anything like this and I feel like I'm drowning. Thank you for reading.

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u/koalamama26 — 4 days ago