Factors That Affect DUI Charges in Georgia
The State of Georgia does not have an offense called aggravated DUI or statutory aggravating factors or sentence enhancements that automatically apply in a DUI case. However, there are certain factors that may affect the court’s decisions in a DUI case and result in greater penalties or additional charges. Our DUI lawyers at Criminal & DUI Law of Georgia provide an aggressive defense against DUI and all related charges, regardless of the circumstances of the case.
DUI Charges in Georgia
While you may come across references to “aggravated DUI,” Georgia does not have an offense called aggravated DUI. State law also does not contain “aggravating factors” or required enhancing factors that affect the charge or sentencing on a DUI charge. Our previous article, What Are the Types of Georgia DUI Charges?, explains in detail how our state law addresses DUI.
In spite of the lack of statutory references, there are specific factors that as a practical matter can affect the severity of a DUI charge and the penalties and resulting sentencing, because the judge may take them into account in deciding the case. In addition, certain circumstances can result in additional charges arising from the DUI event, which complicates the situation considerably.
When you face any DUI charge, it’s essential to have an experienced and knowledgeable DUI lawyer represent you from the very beginning of the case. Our DUI attorneys vigorously defend against every aspect of a DUI offense, including any factors that affect the seriousness and sentencing for the charge. Those factors may include some of the following circumstances.
Children in the Vehicle
If you have children under the age of 14 years in the vehicle when you are arrested for DUI, you may face a separate child endangerment charge for each underage child. For example, if you have two children in the car, you may face a DUI charge and two separate child endangerment charges. Each additional charge creates the possibility of additional penalties.
DUI child endangerment charges are very serious. In addition to the penalties from a conviction, child endangerment on your record can result in significant adverse effects on your life and employment opportunities. Having representation by a lawyer experienced in DUI and child endangerment is absolutely essential.
Multiple DUI Convictions
Even a first DUI conviction can have significant penalties and consequences. But a DUI second or third DUI conviction can result in even greater penalties, including more jail time, a higher fine, and a longer license suspension. A third conviction is categorized as a high and aggravated misdemeanor. A fourth violation is a felony, and is often referred to as felony DUI. A fourth conviction within 10 years is also an upgraded offense. In other words, under Georgia law, the number of prior convictions require enhanced penalties that are mandatory for the court to impose.
DUI convictions (and other related convictions) may also lead to status as a habitual offender under Georgia law. Habitual violator status is not a separate charge, but it can result in an immediate five-year driver’s license suspension.
Other Motor Vehicle Charges
A DUI charge becomes more serious when the circumstances lead to other violations of the motor vehicle law. There are many different types of related charges that can arise in a DUI case.
If a DUI charge occurs when the driver has a suspended or revoked license, Georgia law imposes additional penalties beyond those for the DUI conviction. Even more significantly, a DUI charge may lead to a vehicular homicide charge if a death results from an accident caused by the DUI conduct.
Other types of related DUI charges may include aggressive or reckless driving, speeding (and the risk of an additional fine under the super speeder law), and other similar offenses. Causing personal injury (other than death) or property damage during a DUI may also result in additional charges.
Depending on the circumstances, other moving violations may accompany a DUI arrest as well. Each additional charge must be separately addressed.
Test Refusal
Georgia has an implied consent law, under which every driver agrees to submit to testing when pulled over on suspicion of DUI. While you can still refuse to take the test, doing so may affect the penalties you face and the ultimate outcome of your case.
Other Factors
Obviously, there are a myriad of factors that can make your DUI case more complicated, including some not covered in the above summary. A high blood alcohol level, a history of DUI (even beyond 10 years ago), and even the defendant’s demeanor with law enforcement, threats made during arrest, attempting to flee an arresting officer, and other conduct may impact your case.
The only way to aggressively defend against DUI charges in Georgia and all the related charges and resulting penalties is to get help from an experienced DUI defense lawyer, like our attorneys at Criminal & DUI Law of Georgia. It is always important to obtain legal counsel at the earliest possible time after a DUI arrest. Whatever the circumstances of your case, we know how to develop a strong and vigorous defense and how to fully protect your rights in the Georgia criminal process.
Talk with an Experienced Georgia DUI Defense Lawyer
Our criminal and DUI defense lawyers at The McCoy Law Firm, LLC have decades of experience representing defendants facing DUI charges in northwest Georgia. If you need representation on a DUI charge, please contact Criminal & DUI Law of Georgia, so we can begin working on your case right away.