Is a DUI in Georgia a Felony?
In the state of Georgia, driving under the influence (DUI) is a serious offense that can have severe consequences. While a DUI may not always be considered a felony, it can lead to felony charges under certain circumstances. In this article, we will explore the answer to the question: Is a DUI in Georgia a felony? and delve into the specific laws and penalties related to DUI in Georgia.
What is a DUI in Georgia?
A DUI in Georgia is defined as operating a motor vehicle under the influence of alcohol, drugs, or a combination of both. According to O.C.G.A. § 40-6-391, a person commits the offense of DUI if they drive or are in actual physical control of a moving vehicle while under the influence of:
• Alcohol: having a blood alcohol concentration (BAC) of.08% or higher;
• Drugs: having a detectable amount of a controlled substance or metabolite in their system;
• A combination of alcohol and drugs: having a BAC of.08% or higher and a detectable amount of a controlled substance or metabolite in their system.
Is a DUI in Georgia a Felony?
In most cases, a DUI in Georgia is a misdemeanor offense, punishable by fines, imprisonment, and other penalties. However, there are certain circumstances where a DUI can be upgraded to a felony:
• Fourth or Subsequent Offense: If you have three or more prior DUI convictions, your current DUI offense can be upgraded to a felony, punishable by 1 to 5 years in prison and a fine of $5,000 to $10,000.
• Serious Injury or Death: If you cause serious injury or death to another person while driving under the influence, you can be charged with a felony, punishable by 3 to 15 years in prison and a fine of $5,000 to $30,000.
• Child Endangerment: If you have a child under the age of 14 in the vehicle while driving under the influence, you can be charged with a felony, punishable by 1 to 5 years in prison and a fine of $5,000 to $10,000.
Penalties for a DUI in Georgia
The penalties for a DUI in Georgia vary depending on the circumstances of the offense and your prior criminal history. Here are the standard penalties for a DUI conviction:
• Mandatory Fine: $300 to $1,000
• Imprisonment: 1 to 12 months
• License Suspension: 1 year
• Community Service: 40 hours
• Alcohol and Drug Evaluation: Required
• Ignition Interlock Device: Required for 1 year
Additional Consequences of a DUI in Georgia
In addition to the penalties mentioned above, a DUI conviction in Georgia can have serious consequences on your life, including:
• Higher Insurance Rates: You can expect your insurance rates to increase significantly after a DUI conviction.
• Employment Consequences: A DUI conviction can affect your employment opportunities and job security.
• Immigration Consequences: A DUI conviction can have serious consequences for non-citizens, including deportation.
• Professional Licensure Consequences: A DUI conviction can affect your professional licensure, including medical, legal, and teaching licenses.
Conclusion
In conclusion, while a DUI in Georgia is typically a misdemeanor offense, there are certain circumstances where it can be upgraded to a felony. It is essential to understand the laws and penalties related to DUI in Georgia to avoid serious consequences. If you have been arrested for a DUI, it is crucial to seek legal representation from an experienced attorney who can help you navigate the legal system and protect your rights.
