Facing a DUI charge in Georgia can be stressful and confusing. While many DUI charges in Georgia are misdemeanors, there are specific situations where a DUI can be elevated to a felony, carrying much harsher penalties and long-term consequences. At Rowsey & Stelter, Attorneys at Law, we help clients in Roswell, Alpharetta, Milton, and throughout North Fulton County understand the legal landscape and aggressively protect their rights.

When Does a DUI Become a Felony in Georgia?

In the state of Georgia, a first, second, or third DUI offense within a 10-year period is generally classified as a misdemeanor. However, under certain conditions, a DUI is automatically escalated to a felony, exposing the defendant to serious penalties, including prison time, hefty fines, and long-term loss of driving privileges.

1. Fourth DUI Offense (Within 10 Years)

According to Georgia Code § 40-6-391, a fourth DUI conviction within a 10-year period is considered a felony. The penalties can include:

• 1 to 5 years in prison
• Up to $5,000 in fines
• Mandatory substance abuse treatment
• License revocation
• Community service (minimum 60 days)

This law reflects Georgia’s tough stance on repeat offenders and highlights the importance of securing skilled legal counsel early in the process.

2. DUI Causing Serious Injury or Death

If a DUI leads to a serious injury or fatal accident, the driver may face felony charges such as:

• Serious Injury by Vehicle (O.C.G.A. § 40-6-394)
• Homicide by Vehicle (O.C.G.A. § 40-6-393)

These charges can result in 3 to 15 years in prison per injured person, depending on the circumstances and severity of the injuries.

3. DUI While Driving a School Bus or With a Child Passenger

Driving under the influence while operating a school bus or with a child under the age of 14 in the vehicle may also result in enhanced penalties and, in some cases, a felony charge, especially if the child is harmed.

4. Habitual Violator Status

Drivers who have accumulated multiple serious traffic offenses may be declared habitual violators. A subsequent DUI while under this status is a felony, even if it’s the first DUI on record.

Why You Need an Experienced DUI Lawyer in Roswell, GA

Felony DUI charges in Georgia come with devastating legal and personal consequences—years of incarceration, loss of professional licenses, and a permanent criminal record. Prosecutors in Fulton County and the surrounding areas take these cases seriously and often push for maximum penalties.

At Rowsey & Stelter, Attorneys at Law, our legal team brings decades of experience in criminal defense and DUI law. We understand Georgia DUI statutes inside and out and know how to challenge the evidence, negotiate with prosecutors, and build a strong defense. From your first hearing to a possible trial, we fight to reduce or dismiss charges and protect your future.

Contact Our DUI Defense Team in Roswell Today

If you or someone you love is facing a potential felony DUI charge in Georgia, do not take chances. Call Rowsey & Stelter in Roswell, GA, to schedule a confidential consultation. The right legal team can make the difference between prison time and a second chance.