Many motorists accused of driving under the influence (DUI) offenses in Georgia face misdemeanor charges. Without any major aggravating factors, such as a crash that causes death or serious injury, a DUI may be a noteworthy offense but not the most serious type of crime. However, penalties and the severity of charges may increase if people repeatedly violate the same statutes.
At what point can Georgia state prosecutors bring felony DUI charges in the event of another infraction, simply because of a driver’s prior convictions?
A fourth DUI can be a felony
Those who struggle with substance abuse may continue to drink or use other mind-altering substances even after facing legal consequences. Recidivism, or committing the same crime multiple times, is a common issue.
Typically, without other aggravating factors present, a driver is only at risk of a felony DUI charge if they have at least three prior convictions. However, even with three prior offenses, a fourth charge could potentially be a misdemeanor offense. The four charges must occur within a decade for prosecutors to have grounds for a felony charge.
The history of a motorist and the frequency with which they get arrested for DUI offenses influence the likelihood of a felony charge. The penalties for a felony DUI offense include between $1,000 and $5,000 in fines, between one and five years in prison, a lengthy driver’s license suspension and possibly community service obligations.
Anyone facing felony DUI charges is at risk of significant penalties and a record that could affect them for life. Working with the criminal defense attorney can help people understand the state’s case and explore different defense strategies accordingly.