What Constitutes Felony DUI in Georgia?
Any DUI (Driving Under the Influence) charge is a serious matter in the State of Georgia. While many DUI offenses are charged as misdemeanors, DUI can be a felony in certain circumstances, which means greater potential criminal and administrative penalties. You should always have legal representation in any DUI case, but the penalties and consequences are much greater if you are convicted of a felony. Our DUI lawyers at Criminal & DUI Law of Georgia provide an aggressive defense in all state criminal cases, including felony DUI.
DUI Charges in Georgia
The Georgia DUI laws are extremely complex. Severe potential penalties apply even for a first offense. Many factors affect DUI charges in the state.
DUI is charged as either a misdemeanor or felony, depending on the circumstances. The class of the charge makes a significant difference in the potential penalties. The primary difference is the maximum amount of time you can spend in jail or state prison. A misdemeanor has a potential sentence of up to 12 months in jail (plus a fine). A felony carries a possible state prison term of more than one year (plus a fine).
The circumstances determine whether DUI is charged as a misdemeanor or felony. DUI is charged as a felony if it is a fourth DUI within a 10-year period. In addition, other Georgia felony charges, such as Vehicular Homicide and Feticide (causing death of an unborn child) by Vehicle, can result from a DUI offense. If you drive under the influence, DUI is not the only potential felony charge you may face.
Fourth DUI Within 10 Years
Anyone charged with DUI for the fourth time within a 10-year period of time will face a felony DUI charge. This law went into effect on July 1, 2008, and only affects convictions after that date. Conviction of felony DUI carries a potential fine of $1,000 to $5,000 and a possible sentence in state prison of one to five years.
Conviction of a felony also may result in a community service requirement, required completion of a DUI program, and a clinical evaluation. Administrative penalties that affect driving privileges apply as well.
In addition, a person convicted of a third or subsequent DUI within five years (or any combination of three predicate offenses) will be declared a habitual violator, which can have very serious consequences.
Child Endangerment
In Georgia, DUI Child Endangerment is a separate offense from Child Endangerment. DUI Child Endangerment occurs if a driver under the influence has children under the age of 14 in the vehicle.
Each child in the vehicle is the basis for a separate charge. The first and second DUI Child Endangerment charges are misdemeanors. A third or subsequent DUI Child Endangerment charge is a felony. The child endangerment charges are in addition to the DUI charge itself. So, if you receive a DUI with three children under age 14 in the vehicle, you face four different DUI charges. The multiple charges count separately for license suspension and for habitual violator purposes.
Other Felony DUI Charges
In addition to the two primary types of felony DUI offenses, Georgia law provides that any school bus driver charged with DUI will face a felony charge. The law applies regardless of whether there were children in the bus at the time of the arrest.
Defending Against a Georgia Felony DUI Charge
If you face a felony DUI charge, getting help from a DUI defense attorney at the earliest possible time is crucial. In Georgia, even a first DUI charge has potentially severe penalties and consequences. Subsequent offenses after a conviction have greater potential ramifications. In addition, the effect of any DUI conviction on your life extends beyond the criminal and administrative penalties, affecting employment, housing, financing, and other critical aspects of your life.
The circumstances and events surrounding the arrest will determine the best defenses for your case. No matter how the charge arose, an experienced DUI attorney has options and strategies for asserting a vigorous defense and minimizing the impact of the charge on your life. Do not ever attempt to represent yourself in a DUI charge. Talk to an attorney before you make any decision about proceeding.
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.