What Makes a DUI a Felony in Georgia?
While most DUI charges in Georgia are misdemeanors, certain circumstances can elevate a DUI charge to a felony. A felony DUI comes with far more severe consequences, including longer prison sentences, higher fines, and permanent damage to your criminal record. At PhyllisLaw, our DUI defense attorneys in Marietta help clients fight felony DUI charges and work to minimize the impact on their lives.
When Does a DUI Become a Felony in Georgia?
Several situations can result in a felony DUI charge in Georgia, including:
- Fourth DUI Offense: A fourth DUI within 10 years is automatically charged as a felony in Georgia. This is based on prior DUI convictions on your criminal record.
- Serious Injury or Death: If you are involved in an accident while under the influence that results in serious injury or death, you may be charged with felony vehicular homicide or serious injury by vehicle, both of which are felony charges.
- DUI with a Child Passenger: Driving under the influence with a child under the age of 14 in the vehicle may lead to a separate child endangerment charge, which can be treated as a felony in certain cases.
Penalties for Felony DUI in Georgia
The penalties for felony DUI are much more severe than those for misdemeanor DUI. If convicted, you could face:
- Prison Time: A felony DUI conviction can result in one to five years in prison, depending on the specifics of the case. For DUI-related vehicular homicide, the prison sentence can be much longer.
- Hefty Fines: Felony DUI fines range from $1,000 to $5,000, in addition to court costs and fees associated with DUI programs and license reinstatement.
- Driver’s License Suspension: A felony DUI conviction can result in a long-term license suspension of up to five years, with possible eligibility for reinstatement after serving part of the suspension.
- Probation: In addition to prison time, felony DUI offenders may be required to serve several years of probation.
- Permanent Criminal Record: A felony DUI conviction will result in a permanent criminal record, making it more difficult to secure employment, housing, or loans in the future.
Defenses Against Felony DUI Charges
Fighting a felony DUI charge in Georgia is critical to protecting your future. At PhyllisLaw, we develop a strong defense strategy tailored to your specific case. Possible defenses include:
- Challenging the Traffic Stop: If law enforcement did not have a valid reason for stopping your vehicle, the traffic stop may be deemed illegal, and any evidence gathered may be suppressed.
- Questioning the Accuracy of Test Results: Breathalyzer and blood test results can be challenged if there were issues with the administration of the test or if the equipment was faulty.
- Proving No Causation in Injury Cases: In cases where serious injury or death occurred, the prosecution must prove that the accident was caused by your intoxication, not another factor. This can be challenged with expert testimony and evidence.
Why You Need PhyllisLaw for Your Felony DUI Defense
A felony DUI conviction in Georgia can have life-altering consequences. The stakes are too high to face these charges alone. At PhyllisLaw, our experienced DUI defense attorneys are committed to fighting for the best possible outcome in your case. We provide aggressive defense strategies and personalized attention to each client’s unique circumstances. Serving Marietta, the northern Atlanta metro, and northern Georgia, we’re here to protect your rights and your future.
If you’ve been charged with felony DUI, contact us today to schedule a consultation. Our team will review the details of your case and begin crafting a defense strategy right away.
