Drunk Driving Accidents And Felony DUI Defense

Last updated on March 24, 2025

While most DUI cases are charged as misdemeanors, even a first-offense DUI arrest can lead to felony charges. Any alcohol-related accident that results in serious injury or death can be charged as a felony without regard to your previous driving record. Fatal accidents can be charged as vehicular homicide in the first degree.

If you are facing felony DUI charges based on prior DUI/DWI convictions or a serious accident, contact an experienced criminal trial lawyer at the law firm of Daniels & Rothman. Our focus on the facts and trial strategies that can win your case might mean the difference between a dismissal or drastic reduction of the charges and a prison term of several years.

What Constitutes A Felony DUI?

There are a few ways that a DUI can become a felony charge rather than a misdemeanor under Georgia law.

First of all, the authorities will look at previous convictions. If someone has three prior convictions between now and July 1, 2008, a fourth conviction would then be a felony. The first three would be misdemeanors, but the sentencing escalates every time. A felony charge can then be applied to a fourth or subsequent conviction.

Next, the severity of the offense has to be considered. For instance, if someone is accused of causing a car accident resulting in serious bodily injury while under the influence, they could face felony DUI charges, even if this is the first offense on their record. The same is true if someone else passes away in a DUI car accident. This could be charged as first-degree vehicular homicide.

In other words, a simple traffic stop resulting in an arrest for a first DUI charge is usually a misdemeanor, but more serious charges can be applied if there are aggravating factors like previous arrests, injuries or death.

Serious Penalties For A Felony DUI

If you are convicted of felony DUI charges, you could face more serious ramifications. For instance, if someone else was injured in a DUI crash, you caused, a conviction could lead to one to 15 years in prison. If the person passes away from their injuries, the sentence will typically be between three and 15 years. The same sentence applies if an unborn child dies in an accident.

For repeat offenders who have not caused injury or death, the sentence still escalates. You could face between two and 20 years behind bars, you may need to pay thousands in fines, you could lose your driver’s license and you may need to perform community service. Additionally, even if your driver’s license is reinstated, you may be mandated to use an ignition interlock device (IID). This requires you to pass a breath test every time you start your vehicle.

We Don’t Compromise DUI Cases – We Do Our Best To Win Them

Georgia criminal defense attorney Jeff Rothman’s practice focuses on the trial of contested DUI charges. His experience with accident and repeat DUI cases means that you will receive the benefit of a carefully crafted defense that takes full advantage of every weakness in the government’s case and makes the most of every strength of your own.

Among the strategies that can lead to favorable results in felony DUI cases are these:

• Challenging allegations of intoxication or impairment through forensic evidence
• Focusing on your actual criminal intent or state of mind
• Attacking inconsistencies in the statements of police, lay witnesses or prosecution experts
• Challenging the maintenance, calibration or operation of the Intoxilyzer 5000, Intoxilyzer 9000 or other testing equipment

Keep in mind that the government must prove beyond a reasonable doubt every fact essential to convicting you of any given criminal offense. Our firm’s trial experience helps us show the jury in clear and understandable terms just what doubts it should maintain about your guilt.

To learn more about our ability to protect your interests if you are charged with a felony in the aftermath of a car crash, contact Daniels & Rothman in Athens using our online form or by dialing 706-621-5166.