Q: Can my 3rd degree felony DWI charge be reduce Class A misdemeanor?
I am being charged with a 3rd degree felony. It is the third time I have been stopped for a DWI. With the first two I was only convicted for one. Is there a chance that the felony can be reduced back to a Misdemeanor during trial?
A DWI third can be reduced to a Class "A" misdemeanor. This isn't uncommon at all. It will help if you don't have significant criminal history and lawyer has a good plan for attacking the evidence. Often, you won't get an offer like this unless your lawyer is willing to set the case for trial.
Your question was whether it can be reduced "during" trial. It can be if the State can't prove your priors. The State must prove during your trial that you have two prior DWI convictions.
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