Charged with mis. ovi! I plead guilty and was dismissed at sentencing to charge me with fel ovi.(double jepordy),

It sounds like you're getting charged with a felony OVI. You can get charged with one of those if this is your fourth in six years or sixth or more in twenty years. This is a bad position to be in, and you are looking at a minimum of sixty days of jail to a maximum of one year. You need a lawyer, unequivocally. if you cannot afford one, there are competent public defenders in your county.

If you are at this stage, you should have had an attorney from the start. If you haven't, you are behind the power curve and need to get a good OVI attorney NOW. An OVI is not something to go to court and plead guilty to and if you have prior convictions, even more so. Get smart and get a lawyer. It may mean the difference between no conviction and going to prison.

It sounds to me like you were charged with a felony OVI and offered a plea to a misdemeanor OVI rather than a dismissal on the felony. You may have initially been charged in municipal court and that charge may have been dismissed in order to pursue the felony instead. This often happens if you insist on a preliminary hearing. The prosecutor dismisses the bind over case in municipal court and presents instead to the grand jury. When the GJ indicts you with a felony, it's not uncommon for a misdemeanor to wind up as the plea offer and that isn't double jeopardy. The bottom line is that you need an attonery to make sure you are getting a fair shake.

This has some interesting facts as you present them, however I am cautious to believe that your phone is going to be dismissed. Regardless of whether it is a misdemeanor or felony that is pending right now, you need to have an OVI lawyer who knows what the hell they are doing. As for double jeopardy, a voluntary dismissal of the misdemeanor, by the state, does not create a jeopardy issue on the misdemeanor. Nor will the voluntary dismissal of the felony necessarily create jeopardy, at least no jeopardy issues as long as a jury has not been sworn in or the first witness called in a bench trial. It clearly sounds like your facts deserve a good consultation with a well experienced OVI lawyer.

You need an attorney to represent you and if you cannot afford one you need to ask the court to appoint and attorney to your case. It sounds like you are being charged with felony OVI and you are facing mandatory penalties which are severe and even if you are charged with a Misdemeanor OVI you are facing severe mandatory penalties. Get an attorney.