More Than 93.1% of Our DUI Cases Have Resulted in No Conviction Over the Past 13 Years
More than 15 years of experience challenging the Supreme Court in DUI cases.
Felony DUI Attorneys in
Atlanta
Tirelessly protecting your constitutional rights in Georgia
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Greg Willis has been successful at defending DUI cases (over 93.1% without a conviction)
He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.
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Best Lawyers In America
2025 Atlanta's Best - Defense Law Firm
BadAss Attorney Award
10 Consecutive Years Selected to Super Lawyers
AVVO 10
AV Preeminent
"Attorney Greg Willis is someone I am truly thankful to have had in my corner during one of my most stressful times. He goes above and beyond and has your best interest at heart. I couldn’t recommend him more to anyone in need of someone to represent them as they deal with a DUI."
- Juan Castilla
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Atlanta Criminal Trial Attorney Greg Willis Testifying in front of the Georgia House of Representatives
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Felony DUI Attorneys in Atlanta
A felony DUI in Georgia is among the most serious charges you can face.
It carries mandatory prison time — not jail time — a permanent felony record, and consequences that follow you for the rest of your life.
Felony DUI triggers in four circumstances: fourth DUI within 10 years; DUI resulting in death (vehicular homicide by vehicle); DUI resulting in serious injury (serious injury by vehicle); DUI Child Endangerment.
Vehicular homicide by vehicle while DUI (O.C.G.A. § 40-6-394) carries a sentence of 3 to 15 years in prison per count. Serious injury by vehicle (O.C.G.A. § 40-6-394) carries 1 to 15 years. Fourth DUI within 10 years is a felony carrying 1 to 5 years.
Why choose Willis Law Firm for a felony DUI:
We are appellate DUI attorneys first. Greg Willis has argued DUI cases in the Georgia Court of Appeals, the Georgia Supreme Court, and the United States Supreme Court.
When you are facing a felony DUI charge, you need an attorney with proven experience at the highest levels of the legal system — not someone who handles DUI as a side practice.
Our record at the appellate level changes how the case is tried at the trial court level.
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How Willis Law Firm Defends Felony DUI Charges
Felony DUI cases are among the most complex and high-stakes cases in Georgia criminal law. At Willis Law Firm, we approach every felony DUI case with the same intensity — thoroughly examining every piece of evidence, every procedural step, and every legal issue before any decisions are made. Here are the defense strategies we use:
Challenging the Underlying DUI
Every felony DUI charge depends on proving that a DUI occurred in the first place. We examine the legality of the traffic stop, whether probable cause existed for the arrest, whether field sobriety tests were properly administered, and whether chemical test results are reliable. If the underlying DUI cannot be proven, the felony charge collapses with it.
Challenging Prior Convictions
For fourth DUI felony charges, the prosecution must prove that the prior convictions were valid. We examine each prior conviction to determine whether proper procedures were followed, whether the defendant was represented by counsel, and whether the conviction can be challenged. An improperly obtained prior conviction may not count toward the felony threshold.
Challenging Causation in Injury and Homicide Cases
In Serious Injury by Vehicle and Vehicular Homicide cases, the prosecution must prove not only that a DUI occurred but that the DUI was the direct cause of the injury or death. We work with accident reconstruction experts and medical professionals to challenge causation — examining whether the accident would have occurred regardless of impairment, whether the victim’s own actions contributed, or whether mechanical failure or road conditions played a role.
Challenging the Definition of Serious Injury
Under Georgia law, “serious injury” has a specific legal definition. We work with medical experts to evaluate whether the injuries sustained actually meet the legal threshold required for a Serious Injury by Vehicle charge. If they do not, the charge may be reduced to a misdemeanor DUI.
Challenging Chemical Test Evidence
Breathalyzer and blood test results are frequently challenged in felony DUI cases. We examine calibration records, maintenance logs, chain of custody documentation, and lab procedures. In drug-related felony DUI cases, we work with forensic toxicologists to evaluate whether the substance detected actually caused impairment at the time of driving.
Suppression Motions and Constitutional Challenges
We file motions to suppress evidence obtained through unlawful stops, arrests, or searches. Constitutional violations can result in key evidence being excluded — sometimes dismantling the prosecution’s case entirely. Due process violations, Brady violations, and Fourth Amendment issues are all carefully evaluated.
Negotiating Charge Reductions
In cases where the evidence is difficult to overcome entirely, we work aggressively to negotiate a reduction from a felony to a misdemeanor charge. Avoiding a felony conviction — even if a misdemeanor results — can preserve civil rights, employment opportunities, professional licenses, and housing eligibility in ways that make an enormous difference to a person’s future.
What to Do After a Felony DUI Arrest in Atlanta
The steps you take immediately after a felony DUI arrest can have a profound impact on the outcome of your case. Here is what you need to do:
- Stay silent. Do not make any statements to law enforcement beyond providing basic identifying information. Do not explain what happened, apologize, or discuss the circumstances of the incident with anyone. Anything you say will be used against you — and in felony cases, prosecutors scrutinize every statement closely.
- Do not discuss the case with anyone except your attorney. That includes family members, friends, and cellmates. Conversations can be recorded, reported, or subpoenaed. Your attorney-client privilege is your protection — use it.
- Preserve all evidence. If you have any receipts, witness contact information, medical records, photographs, or other documentation relevant to the incident, preserve it immediately. Do not post anything on social media.
- Act on your license immediately. After a DUI arrest in Georgia, you have a limited window to request an administrative license suspension hearing with the Georgia Department of Driver Services. Missing this deadline results in automatic suspension. Contact an attorney the same day.
- Contact a felony DUI attorney as soon as possible. Felony DUI cases involve complex evidence including accident reconstruction, toxicology reports, and event data recorders. Evidence degrades and disappears quickly. The sooner an attorney is involved, the more tools they have to build your defense. Do not wait.
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Felony DUI — Frequently Asked Questions
A DUI becomes a felony in Georgia primarily under these circumstances: it is your fourth DUI within ten years under O.C.G.A. § 40-6-391(c)(4), you cause serious injury to another person (Serious Injury by Vehicle under O.C.G.A. § 40-6-394), you cause a fatality (Vehicular Homicide under O.C.G.A. § 40-6-393), or you are caught driving under the influence after having been declared a Habitual Violator. Each of these carries significantly more severe penalties than a misdemeanor DUI.
A fourth DUI felony conviction carries one to five years in state prison. A Serious Injury by Vehicle conviction carries one to fifteen years per victim. A first degree Vehicular Homicide conviction carries three to fifteen years per victim, with sentences potentially running consecutively if there are multiple victims. Unlike misdemeanor DUI sentences which are served in county jail, felony sentences are served in state prison.
No. A felony DUI conviction in Georgia is permanent and cannot be restricted or expunged from your criminal record. It will appear on all background checks for the rest of your life. This is one of the most compelling reasons to fight a felony DUI charge with every available defense rather than accepting a plea without fully understanding the lifelong consequences.
A felony conviction in Georgia results in the loss of the right to possess or own a firearm under both state and federal law, the right to hold public office, the right to serve on a jury, and the right to vote while incarcerated. Restoration of some rights requires a formal pardon process through the State Board of Pardons and Paroles — a lengthy and uncertain process.
A felony DUI conviction results in being declared a Habitual Violator, which carries a five-year hard suspension of your driver’s license. You are not eligible for any type of limited or work permit for the first two years of that suspension. After the suspension period, reinstatement requires completing multiple requirements and paying significant fees. Driving after being declared a Habitual Violator is itself a separate felony offense.
A Habitual Violator is a person who has accumulated three or more serious driving convictions — including DUI, fleeing an officer, or hit and run — within a five-year period. A fourth DUI automatically results in Habitual Violator status. Driving after being declared a Habitual Violator is a felony punishable by one to five years in prison, separate from any DUI charge.
No. To be charged with Serious Injury by Vehicle, the prosecution must prove that you committed a DUI and that your DUI was the direct cause of the accident and the resulting serious injury. Causation is a critical element that can be challenged. If the accident would have occurred regardless of impairment, or if the victim’s own actions contributed, those are viable defense arguments. An accident alone does not automatically make a DUI a felony.
Yes. For a fourth DUI to qualify as a felony, the prosecution must prove that each prior conviction was valid. We examine each prior conviction to determine whether proper procedures were followed, whether the defendant was represented by counsel, and whether the conviction can be legally challenged. An improperly obtained prior conviction may not count toward the felony threshold — potentially reducing the charge back to a misdemeanor.
A felony DUI conviction can have severe immigration consequences for non-citizens, including deportation, inadmissibility, and denial of naturalization. The immigration consequences of a felony conviction are often permanent and devastating. If you are not a U.S. citizen and are facing a felony DUI charge, it is essential to consult with both a DUI defense attorney and an immigration attorney immediately.
Absolutely. A felony DUI is one of the most serious criminal charges you can face in Georgia, with consequences that will affect every aspect of your life permanently — including mandatory prison time, a permanent felony record, loss of civil rights, and devastation to employment and professional licensing. Willis Law Firm has the specific expertise to handle these complex cases, challenge the evidence, and fight to protect your freedom and your future.
Contact Our Atlanta Felony DUI Attorneys
A felony DUI charge in Atlanta is not a situation where you can afford to wait or hope for the best. The consequences of a conviction are permanent, the deadlines move fast, and the prosecution has significant resources. You need an attorney who has the experience, the expertise, and the commitment to match them.
At Willis Law Firm, we have spent over 20 years defending the most serious DUI cases across Atlanta and Georgia. We have handled fourth DUI felony charges, Serious Injury by Vehicle cases, and Vehicular Homicide prosecutions. We know how to challenge the evidence, work with expert witnesses, file the right motions, and fight for our clients both in court and at the negotiating table.
With a 93.1% no-conviction success rate and a Supreme Court landmark victory, we have the track record to back up what we do. Your case deserves that level of commitment.
Contact Willis Law Firm today to schedule your free consultation. The sooner we can review the facts of your case, the more we can do to protect you.
Client Reviews
If you’re facing legal troubles and want to make sure you’re hiring the best lawyer to fight your case, the Willis Law Firm is the place to call. Their attorneys are extremely knowledgeable and go above and beyond to make sure their clients receive the best outcome possible. The office staff has always been extremely helpful and compassionate through each step of the way. Greg has helped me and my family with a few cases over the years and we’ve always received a great outcome. He and his staff are the best in the field. There’s a reason why other attorneys hire Greg to handle their cases! Highly recommend their services. You won’t be disappointed.