Felony DUI and Probation: What to Expect in Georgia

Getting charged with a DUI is a serious situation for anyone. But when the charge is elevated to a felony, the stakes become much higher. In Georgia, a felony DUI can lead to severe consequences that can impact a person’s life for years to come. For those facing this type of charge, it is important to understand what to expect, especially when it comes to probation. This page explains what felony DUI is in Georgia, what the penalties look like, and how probation works for these cases. 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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What Is a Felony DUI in Georgia?

In Georgia, most DUI charges are misdemeanors, meaning they carry less severe punishments than felonies. However, some DUI charges become felonies due to certain circumstances. A DUI may be classified as a felony in Georgia if a person has been convicted of DUI four or more times within ten years. This is often called a “fourth DUI offense,” and it can turn what is usually a misdemeanor charge into a felony.

A DUI can also be charged as a felony if it involves serious injury or death. For example, if someone is driving under the influence and causes a crash that injures or kills someone else, they could face a felony DUI charge. These situations are treated much more harshly by the courts because of the harm caused to others.

Once a person is charged with a felony DUI in Georgia, they face much steeper penalties than for a misdemeanor. The consequences of a felony DUI conviction can include long-term imprisonment, large fines, and strict probation conditions.

Felony DUI Penalties in Georgia

The penalties for a felony DUI in Georgia are much more severe than for a typical DUI charge. One of the most significant consequences of a felony DUI conviction is the possibility of serving time in prison. A person convicted of a felony DUI in Georgia could face a prison sentence of one to five years. In some cases, a judge may allow the person to serve part of the sentence on probation, but this depends on the specific circumstances of the case and the judge’s discretion.

In addition to prison time, someone convicted of a felony DUI may also face hefty fines. These fines can range from several thousand dollars to tens of thousands, depending on the severity of the offense. On top of the fines, a person may be required to cover court costs, fees for any mandatory treatment programs, and other expenses related to their case.

A felony DUI conviction can also lead to a long-term suspension or revocation of a person’s driver’s license. In Georgia, a felony DUI conviction typically results in a driver’s license suspension of at least five years. After this period, the person may be able to apply for reinstatement, but the process can be complex and may require them to meet certain conditions, such as completing a DUI education program.

Another potential consequence of a felony DUI is being required to install an ignition interlock device in the person’s vehicle. This device prevents the car from starting unless the driver provides a breath sample that shows they are not under the influence of alcohol. The cost of installing and maintaining the ignition interlock device is usually the responsibility of the driver.

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

 

What Is Probation for a Felony DUI in Georgia?

Probation is a common part of a felony DUI sentence in Georgia. When someone is placed on probation, they are allowed to avoid serving their full sentence in jail or prison, but they must follow certain rules set by the court. Probation for a felony DUI is usually more restrictive and longer than probation for a misdemeanor DUI. In Georgia, probation for a felony DUI can last for several years and may come with strict conditions.

One of the key conditions of probation for a felony DUI is regular check-ins with a probation officer. The person on probation will need to meet with their probation officer regularly, often once a month or more. During these meetings, the probation officer will ensure that the person is following the terms of their probation. If they are not, the probation officer can report this to the court, which could lead to additional penalties, such as more jail time.

Another condition of probation for a felony DUI may be participation in a substance abuse treatment program. In many cases, a judge will require someone on probation for a felony DUI to complete an alcohol or drug treatment program. This can include attending regular counseling sessions, participating in group therapy, or even staying in a residential treatment facility for a period of time. The goal of this requirement is to help the person address any underlying substance abuse issues that may have contributed to their DUI offense.

Probation for a felony DUI may also involve regular alcohol and drug testing. The person on probation may be required to submit to random tests to ensure that they are staying sober. If they fail one of these tests, it could result in a violation of their probation, which could lead to additional penalties.

In some cases, a judge may require someone on probation for a felony DUI to perform community service. This could involve completing a certain number of hours of volunteer work for a nonprofit organization or participating in activities that benefit the community. Community service is often seen as a way for the person to give back and make amends for the harm they may have caused while driving under the influence.

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

What Happens If You Violate Probation for a Felony DUI?

If someone violates the terms of their probation for a felony DUI, the consequences can be severe. When a probation officer believes that someone has violated their probation, they can report the violation to the court. The court will then schedule a probation revocation hearing, where a judge will decide whether the person has indeed violated their probation and what the consequences should be.

The penalties for violating probation can vary depending on the nature of the violation and the person’s history. In some cases, the judge may decide to extend the person’s probation or add additional conditions, such as more frequent meetings with their probation officer or more drug and alcohol testing. In more serious cases, the judge may revoke the person’s probation entirely and require them to serve the remainder of their sentence in jail or prison.

It is important for anyone on probation for a felony DUI to take the terms of their probation seriously. Even a minor violation can lead to significant consequences, so it is essential to follow all of the rules set by the court and maintain regular communication with the probation officer.

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How to Handle a Felony DUI Charge in Georgia

If you are facing a felony DUI charge in Georgia, it is important to take the situation seriously and understand your options. The penalties for a felony DUI can be life-altering, so it is crucial to have a strong defense and understand what to expect throughout the legal process.

One of the first steps you should take if you are facing a felony DUI charge is to seek guidance from a legal professional who understands the complexities of DUI laws in Georgia. They can help you understand the charges you are facing, explain the potential penalties, and help you explore your options for defense. In some cases, it may be possible to negotiate a plea deal that reduces the charge to a misdemeanor, which can significantly lower the penalties you face.

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It is also important to be proactive if you are placed on probation for a felony DUI. Following the terms of your probation closely can help you avoid additional penalties and make it more likely that you will complete your sentence without further complications. Staying in contact with your probation officer, attending any required treatment programs, and avoiding alcohol and drugs can all help you stay in compliance with the terms of your probation.

Facing a felony DUI charge can be overwhelming, but knowing what to expect and understanding your rights can help you navigate the process more effectively.

If you or someone you know is dealing with a felony DUI charge in Georgia, Willis Law Firm can provide the support and guidance you need. With experience in DUI cases, our team is here to help you through this challenging time. Call Willis Law Firm today to learn more about how we can assist you.