Is a DUI a Felony in Georgia?

Welcome to the Willis Law Firm blog, where we provide valuable insights into legal matters affecting our community. In today’s post, we’ll address a common question among individuals facing DUI charges in Georgia: Is a DUI a felony?

DUI (driving under the influence) charges can have serious consequences, but the classification of a DUI offense as a felony or misdemeanor depends on various factors, including the circumstances of the case and the individual’s prior criminal history. Understanding the felony threshold for DUI offenses in Georgia is crucial for anyone navigating the legal system.

Join us as we delve into the nuances of DUI law in Georgia, explore the criteria that determine whether a DUI is classified as a felony, and provide guidance for individuals facing DUI allegations.

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Defining DUI

In Georgia, DUI refers to the offense of operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The legal standard for impairment in Georgia is established by the driver’s blood alcohol concentration (BAC) level. Georgia’s DUI statute, found in O.C.G.A. § 40-6-391, defines DUI as driving or being in actual physical control of a vehicle:

– While under the influence of alcohol to the extent that it is less safe for the person to drive; or

– While under the influence of any drug to the extent that it is less safe for the person to drive; or

– While under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive.

Types of DUI Charges in Georgia

In Georgia, there are several types of DUI charges that individuals may face based on the circumstances of their case. The most prevalent is the standard DUI, relevant when a driver’s blood alcohol concentration (BAC) measures 0.08% or above. Generally treated as a misdemeanor, the severity of the penalties can vary, often influenced by factors such as previous DUI convictions, the presence of aggravating circumstances, and the driver’s level of impairment.

Another form of DUI is known as DUI Less Safe. This charge can be applied even if the driver’s BAC is below 0.08%, provided there is sufficient evidence to demonstrate that their driving was impaired by alcohol or drugs. Law enforcement may rely on subjective evidence, such as erratic driving patterns or failure in field sobriety tests, to support this charge.

There is also the DUI Per Se, which is triggered when a driver’s BAC is at or above 0.08% within three hours of driving, regardless of visible impairment. This charge hinges strictly on the BAC levels recorded.

The state of Georgia also prohibits driving under the influence of drugs, which includes illegal substances, prescription medications, and even over-the-counter drugs that can impair driving. This is categorized under DUI Drugs and focuses on any impairment that affects safe driving ability.

For drivers under the age of 21, Georgia enforces a zero-tolerance policy towards drinking and driving. Underage individuals face DUI charges for operating a vehicle with any detectable level of alcohol in their bloodstream, reflecting the state’s stringent stance against underage drinking and driving.

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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

When is a DUI a Felony?

Under Georgia law, a DUI can be elevated to a felony charge under certain circumstances, typically based on aggravating factors such as prior convictions, the severity of the offense, and the presence of other criminal offenses.

Aggravating Factors Leading to Felony DUI:

In Georgia, several factors can escalate a DUI to a felony offense, each with more severe consequences. Repeated DUI offenses are a primary reason for such escalation. Specifically, under state law, a person who commits their fourth DUI within a ten-year period faces felony charges, which carry stiffer penalties than misdemeanors. Additionally, DUI incidents that cause serious injury or death are especially grave. In these situations, the driver might be charged with vehicular homicide or serious injury by vehicle, among other felony offenses. Furthermore, if the driver is caught DUI with a child under 14 years old in the vehicle, the charges can also rise to the felony level, acknowledging the increased danger to the minor.

The Difference Between Misdemeanor and Felony Offenses in Georgia

In Georgia, misdemeanor offenses are typically less serious crimes that carry lighter penalties, such as fines, probation, or a maximum jail sentence of one year. Felony offenses, on the other hand, are more serious crimes that carry harsher penalties, including imprisonment for more than one year, substantial fines, and other collateral consequences such as loss of voting rights and firearm possession restrictions.

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Penalties for Felony DUI in Georgia

First DUI Penalties:
– DUI convictions stay on record for 10 years.
– Generally facing a misdemeanor conviction.
– 10 days to 12 months in jail.
– $300 to $1,000 in fines.
– Minimum 20 hours of community service (40 hours if BAC was .08% or more).
– 12-month license suspension.
– Penalties may vary depending on circumstances.

Second DUI Penalties:

– Generally facing misdemeanor charges.
– 90 days to 12 months in jail.
– $600 to $1,000 in fines.
– Minimum 30 hours of community service.
– Three-year license suspension.
– Penalties may vary depending on circumstances.

Third DUI Penalties:

– Generally facing misdemeanor charges.
– Penalties include:
– 120 days to 12 months in jail.
– $1,000 to $5,000 in fines.
– Minimum 30 hours of community service.
– Permanent license revocation.
– Drivers with permanent revocation can apply for restricted license after three years.

Felony DUI Penalties:

– Fourth DUI conviction is a felony.
– One to five years in prison.
– $1,000 to $5,000 in fines.
– At least five years of supervised probation.
– License suspension for five years, with restricted license available after two years.
– DUIs involving minor passengers or accidents can be felonies.

Penalties for DUI involving injury or fatality:

– Injury under the influence: One to 15 years in prison, fine up to $100,000, three-year license suspension without restricted license.
– Fatality under the influence: Three to 15 years in prison, fine up to $100,000, three-year license suspension without restricted license.

Under-21 DUI Laws:

– Underage DUI for BAC of .02% or more.
– $300 to $1,000 in fines.
– 24 hours to 12 months of jail time.
– Minimum 20 hours of community service.
– Community service must be completed within 60 days of sentencing.

DUI Probation in Georgia:

– All DUI offenders on probation for 12 months, minus jail time served.

Minimum jail time before probation:

– First offense: 24 hours.
– Second offense: 72 hours.
– Third offense: 15 days.

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

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

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

Felony DUI Defense Strategies

Felony DUI charges can have far-reaching implications, including lengthy prison sentences, substantial fines, and lasting damage to one’s reputation and future opportunities. Below are some defense strategies a DUI attorney — such as the ones at Willis Law Firm — may deploy.

Challenging the Traffic Stop

One common defense strategy in DUI cases involves challenging the legality of the traffic stop that led to the arrest. Law enforcement officers must have reasonable suspicion or probable cause to stop a vehicle. If the stop was conducted without proper justification, any evidence obtained thereafter, including field sobriety tests or chemical tests, may be deemed inadmissible in court.

Disputing Chemical Test Results

Chemical tests, such as breathalyzer or blood tests, are often used to measure a driver’s blood alcohol concentration (BAC) level. However, these tests are not infallible and can produce inaccurate results due to calibration errors, improper administration, or physiological factors. Challenging the reliability and validity of chemical test results through expert testimony or evidence can undermine the prosecution’s case.

Establishing Rising BAC Defense

In some cases, a defense strategy known as the rising BAC defense may apply. This defense argues that at the time of driving, the defendant’s BAC was below the legal limit, but it rose to an illegal level by the time the chemical test was administered. Factors such as the rate of alcohol absorption, recent consumption, or the presence of food in the stomach can support a rising BAC defense.

Questioning Field Sobriety Tests

Field sobriety tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, are often used by law enforcement to assess a driver’s level of impairment. However, these tests are subjective and can be influenced by various factors, including weather conditions, uneven terrain, and physical or medical conditions. Challenging the reliability and accuracy of field sobriety tests can cast doubt on the prosecution’s evidence of impairment.

Investigating Procedural Errors

It’s crucial to thoroughly review the procedures followed by law enforcement officers during the DUI arrest and investigation. Any procedural errors or violations of the defendant’s rights could lead to the suppression of evidence or dismissal of charges. An experienced criminal defense attorney will meticulously examine all aspects of the case to identify any potential weaknesses in the prosecution’s case.

Facing felony DUI charges in Georgia can be daunting, but it’s important to remember that you have rights and defense options available to you. By working with an experienced criminal defense attorney, you can develop a strategic defense tailored to your case and pursue the best possible outcome.

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Advocating for All Georgians

Is a DUI a felony in Georgia? It depends on various factors — such as prior convictions, the severity of the offense, and the presence of aggravating circumstances. While some DUI offenses may be classified as misdemeanors, others can indeed lead to felony charges with significant penalties.

At Willis Law Firm, we understand the complexities and stakes involved in DUI cases in Georgia. If you or a loved one is facing DUI charges, it’s crucial to seek experienced legal representation to protect your rights and explore all available defense options.

Our team of attorneys are here to provide personalized guidance and advocacy tailored to your individual needs. With our knowledge, drive, and dedication we’ll work tirelessly to pursue the best possible outcome in your case.

Don’t face DUI charges alone. Contact Willis Law Firm today for a consultation and let us help you navigate the legal process with confidence and peace of mind. Your future and freedom are our top priorities.