Felony DUI in Georgia: When a DUI Becomes a Serious Felony Offense

Driving under the influence, or DUI, is a serious offense. In Georgia, DUI charges often start as misdemeanors, which can still result in significant penalties and consequences. However, a DUI can quickly become a felony charge under certain circumstances, leading to even greater legal issues and penalties. Understanding how a DUI escalates to a felony in Georgia can help you navigate this difficult situation and understand what lies ahead. 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 Makes a DUI a Felony in Georgia?

In Georgia, there are specific situations where a DUI offense can escalate to a felony. Most first, second, and even third DUI offenses are classified as misdemeanors. However, if someone has four or more DUI offenses within a ten-year period, this fourth DUI can be classified as a felony. The reason behind this increase in severity is that repeat DUI offenses are seen as patterns of dangerous behavior. Georgia law recognizes that repeat DUI offenses can be a risk to public safety, and as a result, the penalties become more severe. Once someone has reached a fourth DUI in ten years, Georgia courts view it as a significant threat to others on the road and, therefore, as a felony.

Another situation in which a DUI may escalate to a felony in Georgia is when a DUI accident results in serious injury or death. This is called a DUI with serious injury by vehicle or DUI vehicular homicide. These situations can transform a simple DUI into a felony case. If someone is driving under the influence and causes a crash that severely injures or kills someone, Georgia law will treat this offense as a much more serious crime than a standard DUI. The penalties increase significantly in these cases, and the DUI becomes a felony because of the harm caused to others.

Consequences of a Felony DUI in Georgia

The consequences of a felony DUI in Georgia are much more severe than those of a misdemeanor DUI. If a person is convicted of a felony DUI, they may face a prison sentence, large fines, and lengthy probation periods. A felony DUI conviction can result in at least one year of prison time, and in some cases, the prison sentence can last several years. Additionally, someone convicted of a felony DUI will likely face high fines that can place a significant financial strain on their life. Beyond prison time and fines, felony DUI offenders may also face a longer driver’s license suspension or even a permanent revocation of driving privileges, depending on the situation.

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

 

A felony DUI conviction can also impact other areas of life. Felons face certain restrictions even after serving their sentences. A felony DUI conviction can make it challenging to find employment, housing, and other essential needs. In Georgia, felons may also lose certain rights, such as the right to own firearms or the right to vote. For these reasons, a felony DUI conviction has lasting effects that can affect a person’s entire future. It’s important to understand these consequences when facing a felony DUI charge, as it may affect life far beyond the courtroom.

The Process of a Felony DUI Case in Georgia

If you’re facing a felony DUI charge in Georgia, it’s essential to understand the legal process. The process begins with an arrest, during which law enforcement collects evidence to support the charge. After the arrest, the case moves into the court system. In Georgia, felony cases are handled in the Superior Court, which is the higher court that deals with serious offenses.

The court process involves multiple steps, including arraignments, hearings, and possibly a trial. During the arraignment, the defendant enters a plea of guilty, not guilty, or no contest. This is also the point when the court may decide on bail. From there, the case moves through several hearings where evidence is presented and examined. If the case proceeds to trial, both the prosecution and defense present their arguments, and the judge or jury determines guilt. If convicted, sentencing follows, where the judge decides on prison time, fines, and other penalties.

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

The Impact of Aggravating Factors in Felony DUI Cases

Certain factors can make a felony DUI case in Georgia even more serious. These are known as aggravating factors, and they can lead to harsher sentences. For example, if a person was driving under the influence with a child in the car, this is considered an aggravating factor. The presence of a minor indicates an additional level of risk, and Georgia courts may impose a stricter penalty.

Another aggravating factor includes having an extremely high blood alcohol concentration (BAC) at the time of arrest. If a driver’s BAC is well above the legal limit, this suggests a higher level of intoxication and therefore a higher risk. The court may consider this when determining penalties. Refusing a breath or blood test can also make things worse in a felony DUI case. Georgia has implied consent laws, which means drivers must submit to testing if law enforcement has reason to believe they are under the influence. Refusing the test can lead to additional penalties and make the case harder to defend in court.

How Prior DUI Convictions Influence Felony DUI Cases

Prior DUI convictions play a critical role in felony DUI cases in Georgia. As previously mentioned, a fourth DUI offense within ten years is automatically classified as a felony in Georgia. But even if someone hasn’t reached their fourth DUI, previous convictions can still impact the severity of the case. The court may look at a person’s driving history and consider it when deciding on penalties.

For instance, if someone has three prior DUI convictions within a five-year period, even if they are not charged with a felony for the fourth offense, the court may still impose more severe penalties due to the pattern of behavior. Prior offenses signal to the court that the person may not have learned from previous mistakes, and as a result, the penalties are often harsher to discourage future offenses. For individuals facing a felony DUI, the best course of action is to understand how prior convictions may impact the case and be prepared for the possibility of enhanced penalties.

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Why Felony DUI Defense Is Important

Facing a felony DUI charge in Georgia is a serious matter. Because of the significant consequences involved, a strong legal defense can make a difference in the outcome of the case. A felony DUI defense typically involves examining every part of the case, from the arrest to the evidence collected. The goal of the defense is to ensure that the defendant’s rights are protected and to challenge any aspects of the case that may be questionable.

For example, if there were errors in the arrest process or if the evidence was improperly handled, the defense may be able to use this to reduce the charges or even dismiss the case. Additionally, if there are valid reasons for the defendant’s behavior that could lessen the severity of the charges, the defense can argue these points. An effective defense seeks the best possible outcome, whether that is a reduced charge, an acquittal, or a more favorable sentencing arrangement.

What to Do If You Are Facing a Felony DUI Charge in Georgia

If you are facing a felony DUI charge in Georgia, taking action as soon as possible is essential. A felony DUI case can be overwhelming and confusing, but understanding the basics of the process and the possible outcomes can help you move forward. It’s crucial to gather any information related to the case, including details about the arrest, the evidence, and any prior offenses that may affect the case. Having this information ready can be helpful if you decide to seek legal guidance.

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A felony DUI case may feel like a difficult road, but with the right support, it’s possible to navigate the situation. Preparing yourself and understanding the process are the first steps toward managing the case effectively. The goal is to make sure that you know your rights and options throughout this challenging time.

Time is an important factor in felony DUI cases. In Georgia, certain timelines apply to court proceedings, including filing deadlines, court dates, and deadlines for submitting evidence. Missing these deadlines can impact the outcome of the case, so it’s crucial to stay organized and be aware of each date related to the case. Additionally, time may affect how certain defense strategies can be used. Acting quickly can also provide more options for the defense. By taking action early, you may be able to gather additional evidence or seek alternative options that could improve the case outcome.

Waiting too long to address the case may limit these options, so it’s best to start the process as soon as possible. Staying on top of the timeline can make a big difference in a felony DUI case in Georgia.

If you or someone you know is facing a felony DUI charge, it’s important to consider the legal support available. The team at Willis Law Firm understands the difficulties of felony DUI cases and provides knowledgeable guidance through every step. They are dedicated to helping individuals understand their rights and options and work toward the best possible outcome. Facing a felony DUI is challenging, but with support from Willis Law Firm, you don’t have to face it alone.