What Makes a DUI Charge a Felony in Georgia?

Driving under the influence, known as DUI, is a serious offense in Georgia. When someone drives while under the influence of alcohol, drugs, or other intoxicating substances, it puts not only the driver but also everyone around them in danger. Georgia takes DUI offenses seriously, and there are strict laws that can result in significant penalties. However, not every DUI is treated the same way. There are cases where a DUI is classified as a misdemeanor, which is a less severe charge, and then there are situations where a DUI becomes a felony. Understanding the difference is important, as the consequences of a felony DUI are far more severe.

A DUI charge can be classified as a felony in Georgia for several reasons, and it usually depends on factors related to the driver’s past behavior, specific conditions of the offense, and any injuries caused. These factors determine if the law considers the offense more harmful to society and, therefore, deserving of a felony charge. This discussion will help explain what exactly can make a DUI charge a felony in Georgia and what the potential outcomes of such a charge may be. At, Willis Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.

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Repeated DUI Offenses

In Georgia, if someone is charged with multiple DUIs over time, the consequences become more serious with each offense. Georgia law treats a first or second DUI as a misdemeanor. However, when a driver reaches their fourth DUI offense within a ten-year period, the charge escalates to a felony. This is because repeated offenses suggest a pattern of dangerous behavior that has not changed despite previous penalties.

When a fourth DUI is classified as a felony, it brings with it harsher consequences. A felony DUI conviction can lead to a prison sentence of up to five years, although the time served may vary depending on the circumstances and the judgment of the court. Additionally, a felony DUI conviction can involve fines, community service, mandatory alcohol or drug treatment programs, and extended probation. Having a felony on one’s record can also have long-term effects on employment, housing opportunities, and other areas of life. Georgia treats repeat DUI offenses seriously because it shows that the driver has repeatedly chosen to endanger others.

DUI Involving Serious Injury or Death

A DUI can also become a felony if it leads to serious injury or death. If a driver is under the influence and causes an accident that results in serious injury to another person, they may face a charge of serious injury by vehicle. This charge is a felony in Georgia and comes with severe penalties. When someone is injured because of a driver’s impairment, the law considers this a major offense. Serious injury by vehicle can result in years of imprisonment, and the exact length of the sentence depends on the details of the case and the severity of the injuries caused.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

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Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

The same applies to a DUI that results in a fatality. When someone loses their life due to a driver’s impaired actions, the charge becomes even more serious. This type of charge is known as vehicular homicide, and it is a felony in Georgia. Vehicular homicide due to DUI can result in very severe penalties, including extended prison sentences. This is because the law views taking someone’s life due to reckless and impaired driving as one of the most serious DUI-related offenses. This charge aims to address the harm caused to families and communities when someone’s life is taken because of impaired driving.

Driving with a Suspended or Revoked License

Another way a DUI charge can become a felony in Georgia is when a person is caught driving under the influence while their license is suspended or revoked. If someone’s license has been taken away because of a prior DUI, they are not legally allowed to drive until it is reinstated. However, if they decide to drive while impaired and are caught, this offense can be classified as a felony. Georgia law has strict rules regarding driving with a suspended license because it shows that the driver is disregarding previous penalties.

When a DUI is combined with driving on a suspended or revoked license, it shows a high level of disregard for the law and public safety. This type of offense can lead to lengthy prison sentences, higher fines, and a permanent mark on the individual’s criminal record. Having a felony DUI for driving with a suspended or revoked license can also mean more restrictions on future driving privileges, and it can take much longer to regain a valid driver’s license in Georgia.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Child Endangerment

In Georgia, a DUI charge can become a felony if the driver is caught driving under the influence with a minor in the vehicle. Georgia considers this to be child endangerment. Driving while impaired puts everyone in danger, but when a child is involved, the law takes the offense even more seriously. This charge is designed to protect children who may not have any control over the situation but are put at risk by an impaired driver.

When a driver is caught with a child in the vehicle while under the influence, it can lead to additional charges. Each child present in the vehicle can result in separate charges of child endangerment, which can quickly add up to a more serious offense. If the DUI also involves an accident that harms the child, the consequences are even more severe. Child endangerment charges aim to discourage individuals from putting young lives at risk due to impaired driving and can lead to strict penalties, including long prison terms and substantial fines.

Understanding the Consequences of a Felony DUI in Georgia

The consequences of a felony DUI in Georgia are far-reaching and can affect every aspect of an individual’s life. A felony DUI can lead to years of imprisonment, depending on the circumstances. The court may also order the driver to pay large fines that can put financial strain on them and their family. Additionally, a felony DUI may come with probation, community service, or mandatory attendance at substance abuse treatment programs. These penalties are designed not only as punishment but also as measures to protect society and to encourage offenders to make safer choices in the future.

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A felony DUI conviction also has lasting impacts on one’s record. With a felony on record, finding a job becomes more challenging, as many employers may be hesitant to hire someone with a criminal history. Housing opportunities can also be limited, and certain professional licenses may be harder to obtain. A felony DUI is a serious matter, and the consequences extend beyond the courtroom, impacting a person’s future opportunities and reputation.

Seeking Legal Help for a DUI Charge

Facing a DUI charge, especially one that could be a felony, can be overwhelming. The legal system is complex, and understanding the charges and potential outcomes is not always easy. A felony DUI can have life-changing consequences, and having someone knowledgeable by your side can make a big difference. If you or someone you know is facing a DUI charge in Georgia that might be classified as a felony, it is important to take action quickly. Legal representation can help ensure that all possible defenses are considered and that your rights are protected.

The Willis Law Firm is here to help you navigate the challenges of a DUI charge in Georgia. Our team understands the seriousness of a felony DUI and the impact it can have on your life. We are committed to providing guidance and support during this difficult time. Whether you are facing a repeated offense, an accident with injuries, or any other situation that could lead to a felony DUI, we are ready to stand by your side and work toward the best possible outcome. Contact the Willis Law Firm today to discuss your case and explore your options.