Driving under the influence (DUI) is a serious offense in Georgia, with severe consequences that can include fines, license suspension, and even jail time. While many DUI cases are treated as misdemeanors, certain circumstances can elevate a DUI to a felony charge. At Rowsey & Stelter, Attorneys at Law, we understand the complexities of DUI laws in Georgia and are committed to helping our clients navigate the legal system. The following are circumstances when a DUI can lead to a felony charge, which is crucial to understand in order to protect your rights and future.
1. Multiple DUI Convictions
One of the most common ways a DUI can become a felony in Georgia is through multiple DUI convictions. Under Georgia law, if you are convicted of a fourth DUI within a 10-year period, it is classified as a felony. This is based on the dates of the arrests, not the convictions. The penalties for a felony DUI are much more severe than those for a misdemeanor DUI and can include:
- Incarceration: A felony DUI conviction can result in a prison sentence ranging from one to five years.
- Hefty Fines: Fines for a felony DUI can range from $1,000 to $5,000.
- Extended License Suspension: Your driver’s license can be suspended for a minimum of five years.
- Permanent Criminal Record: A felony conviction will remain on your criminal record permanently, impacting your ability to find employment, secure housing, or obtain loans.
2. DUI with Serious Injury or Death
Another situation where a DUI can lead to a felony charge is when it results in serious injury or death. If you are involved in an accident while under the influence that causes serious bodily harm or death to another person, you can be charged with a felony. This is known as “vehicular homicide” or “serious injury by vehicle.”
- Vehicular Homicide: If a DUI results in the death of another person, you may be charged with first-degree vehicular homicide, a felony offense. Penalties can include a prison sentence of three to 15 years or even more if there are aggravating factors.dr
- Serious Injury by Vehicle: If the DUI causes serious bodily harm to another person, you can be charged with a felony. Theduipenalties for serious injury by vehicle include a prison sentence of one to 15 years.
3. DUI with a Child Passenger
Driving under the influence with a child under the age of 14 in the vehicle is considered a separate offense in Georgia. If convicted of DUI with a child passenger, you could face additional misdemeanor charges for each child in the vehicle. However, if you have multiple offenses or the situation is particularly egregious, this could escalate to a felony charge.
The Importance of Legal Representation
If you are facing a felony DUI charge in Georgia, the stakes are incredibly high. The consequences of a felony conviction can be life-altering, affecting your personal and professional life for years to come. At Rowsey & Stelter, Attorneys at Law, we have extensive experience defending clients against DUI charges and are committed to providing aggressive, knowledgeable representation. Our legal team can help with the following:
- Thorough Investigation: We will conduct a thorough investigation of the circumstances surrounding your arrest to identify any possible defenses or procedural errors.
- Negotiation: Our attorneys will work to negotiate with prosecutors to reduce the charges or penalties where possible.
- Courtroom Representation: If your case goes to trial, we will provide a robust defense to protect your rights and future.
A DUI in Georgia can quickly escalate to a felony charge under certain circumstances, leading to severe legal and personal consequences. If you are facing such charges, it is crucial to seek experienced legal representation immediately. At Rowsey & Stelter, Attorneys at Law, we are dedicated to helping you navigate the complexities of Georgia’s DUI laws and fighting for the best possible outcome in your case. Contact us today at our office in Roswell, GA, to schedule a consultation and protect your future.
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295 W Crossville Road,
Building 100, Suite 110,
Roswell, GA 30075
Phone: (770) 993-5317
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