DUI Felony Georgia
In the state of Georgia, the majority of DUI offenses will be classified as a misdemeanor. Simply put, a misdemeanor is defined by the state of Georgia as an offense carrying a potential maximum jail time of one year. While this is a general rule, some exceptions can make your DUI a felony,
You will want to consult with an attorney to get a clearer understanding of the charges you are facing, but know that the state of Georgia defines a felony as any “crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months.” In short, it’s a serious offense.
What Circumstances Will Make DUI a Felony?
- • If your DUI is a repeat offense. Generally, your fourth DUI within 10 years will constitute a felony offense in the state of Georgia.
- • If you cause serious injury to another person. If your driving caused another person permanent physical harm, be it loss of limb, disfigurement or brain damage, then the resulting DUI could be considered a felony.
- • If your actions resulted in vehicular feticide. A particular type of serious injury, this circumstance pertains to injuries to an expectant mother that result in the death of an unborn child. This is considered a first-degree offense, punishable by a minimum of three years in prison.
- • If your actions caused another person’s death. Separate from any DUI charges, under Georgia law vehicular homicide is a felony offense.
- • If you are considered a “high risk” operator. For certain categories of drivers who hold responsibility for the safety of others, e.g. school bus drivers, any DUI can be considered a felony.
Beyond those circumstances which could potentially lead to a felony-level DUI, others can lead to additional charges beyond a DUI.
- • DUI Leaving the Scene. Commonly referred to as a “hit and run,” this can be added to DUI charges if you flee the scene of an accident. A related offense, “failing to stop and render aid” is also a crime and is considered an aggravated DUI.
- • Child endangerment. In Georgia, if you have a child under the age of 14 as a passenger in your vehicle when you are arrested, you can be charged separately with child endangerment. You can be charged with multiple counts based on the number of children in the car.
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A felony DUI on your record can have a long-lasting impact. Following a criminal conviction, you might find yourself unable to find a job, a place to live, an opportunity for higher education, or a loan. It can impact everything from the custody of your children to your rights to vote or carry a firearm.
It’s a serious charge, which means you need a serious law firm. At the Claiborne Firm, we pursue your case with preparation and determination to prove your side of the story and to obtain the best possible outcome. Please read through our case results and schedule a free, no-obligation consultation online. By submitting your contact information below.
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