A DUI charge in Georgia is inherently more serious for a person with previous DUI convictions. While many DUI offenses are misdemeanors, State law treats certain repeat offenses as felonies. Knowing the difference matters because a felony conviction can carry more penalties and longer-lasting consequences.
Under Georgia law, the circumstances surrounding the current DUI and your prior record can affect how the offense is classified. Understanding when a DUI may reach the felony level can help you recognize the seriousness of a related case against you, and the legal issues that may need to be addressed.
When does a DUI become a felony?
A fourth or subsequent DUI conviction within a specified 10-year period is treated as a felony under Georgia law. The 10-year period is calculated using the dates of qualifying prior arrests rather than simply counting backward from the date of conviction.
This means that reviewing your driving and court history is an important part of determining whether a current DUI qualifies as a felony. The classification is based on convictions that meet Georgia’s statutory requirements, so not every prior traffic offense will count.
What are the penalties for felony DUI?
A fourth or later DUI conviction can result in a fine ranging from $1,000 to $5,000. Georgia law also provides for a prison sentence of one to five years, although the court may have limited authority to suspend, stay or probate part of the sentence. Additionally, a five-year probationary period may apply after imprisonment.
Because felony DUI charges can affect your freedom, driving privileges, employment and future legal options, you should take a state’s case against you seriously from the beginning. If you are facing a possible felony DUI, you may benefit from reviewing your prior convictions, circumstances of the traffic stop and available defenses with a qualified legal professional accordingly.