Is a DUI a Felony or Misdemeanor in Atlanta, Georgia?

Georgia has some of the toughest penalties for DUI. If the charges are elevated from a misdemeanor to a felony, the implications are even more severe. 

You’ll be charged with DUI if you operate a motor vehicle under the influence of alcohol and drugs in Atlanta, Georgia. DUI is generally a misdemeanor. But it can be charged as a felony in certain circumstances.

It is important to know the difference between a misdemeanor DUI and a felony DUI as it determines the severity of the penalties you’ll face.

This article will look at DUI laws in Georgia and shed light on the circumstances under which a DUI becomes a felony.

DUI Laws in Atlanta, Georgia

DUI in Georgia is defined as operating a motor vehicle under the influence of alcohol, drugs, or a combination of both. Georgia adheres to specific blood alcohol concentration limits to determine impairment levels.

Blood Alcohol Content (BAC) Limits

You will be charged with a DUI criminal offense if you’re caught driving with alcohol content:

• At or above 0.02% for individuals under the age of 21 (the legal drinking age). Georgia has a zero-tolerance policy for drivers below 21 years old.
• Above 0.08% for drivers above 21 years
• Above 0.04% for drivers operating commercial vehicles

Implied Consent Law

Georgia operates under the implied consent law. This means your privilege to drive on the highways in Georgia is under the condition that you submit to state-administered chemical tests of your urine, breath, and blood if arrested for DUI.

If the test results indicate a BAC above the legal limits, your license will be suspended for 12 months. You have 30 days from the date of your arrest to file an appeal for the suspension or opt to install an ignition interlock device on your vehicle.

Hire an experienced DUI attorney in Atlanta, Georgia, to review your case before deciding whether to file for an appeal or install an ignition interlock device.

If you refuse to take the test, your driver’s license will be suspended for at least one year.

Misdemeanor Vs. Felony DUI

The first or second DUI offense within the last 10 years is a misdemeanor in Georgia. It also includes offenses where there are no aggravating factors, such as reckless driving or high BAC levels.

A third or subsequent DUI offense is also a misdemeanor. It’s considered a high or aggravated misdemeanor if it occurs within 10 years. But if it’s your third DUI conviction in the last 5 years, you’ll be considered a habitual violator.

When DUI is Considered a Felony in Georgia

Fourth DUI Conviction

A fourth (and subsequent) DUI within 10 years results in a felony conviction in Georgia. This applies to convictions from July 1, 2008.

A felony DUI conviction can result in:

• A fine between $1000 and $5000
• Imprisonment for one to five years
• Not less than 60 days of community service

You’ll also be required to complete a DUI Alcohol or Drug Use Risk Reduction program and a clinical evaluation.

Serious Injury by Vehicle

If you cause another person serious bodily injury when driving under the influence, you may face Serious Injury by Vehicle charges.

This constitutes a felony in Georgia punished with a minimum of one year in jail and 15 years maximum. Your license will also be suspended for three years with no early reinstatement, and you’ll not be eligible for a limited driving permit during the suspension.

“Bodily harm” here means an injury that results in:

• Dismemberment
• Internal injuries
• A body part being useless
• Serious disfigurement
• Fractures and broken bones
• Lacerations and abrasions
• Brain injuries

The severity of bodily harm determines the seriousness of the charges and the penalties. You could be charged with multiple counts of Serious Injury by Vehicle if multiple people were injured in the accident, as in Harris v. State, 272 Ga. App. 266 (2005).

Vehicular Homicide

If you caused an accident that resulted in the death of a person while drunk driving, you will be charged with first-degree vehicular homicide, which is a felony DUI in Georgia.

Upon conviction, the penalties are 3 to 15 years imprisonment. For a habitual violator, the penalty is a minimum of 5 years in prison and a maximum of 20 years. You’ll be charged with multiple counts of vehicular homicide if several people die.

Child Endangerment

Driving while intoxicated with a child under the age of 14 in the vehicle is child endangerment.

Child endangerment is a separate charge in Georgia. That means if you’re convicted of DUI with a child under 14 years as a passenger in the vehicle, you’ll be charged with two separate DUI offenses. That means multiple DUI convictions and increased penalties.

A third or subsequent conviction is a felony. DUI with three children under the age of 14 in the vehicle is charged as DUI plus three separate charges of child endangerment. If convicted, you’ll face felony charges. The penalty is a fine of between $1000 and $5000, imprisonment for 1 to 3 years, or both.

DUI Conviction for Habitual Violators

If convicted of a third or subsequent DUI charge in Georgia, you’ll be declared a habitual violator. This is not a criminal offense but a status.

Licenses for habitual violators are revoked for five years. You can apply for a probationary license after two years. A DUI offense after being declared a habitual violator will be charged as a felony regardless of the circumstances.

You’ll also be a habitual violator if you commit a combination of any three predicate offenses, including:

• DUI
• Vehicular homicide
• Leaving the accident scene
• Racing
• Fleeing or attempting to flee
• Serious injury by vehicle

Aggravating Factors in Felony DUI

Aggravating factors are actions or circumstances that can intensify the severity of or penalties.

In Georgia DUI cases, aggravating factors include:

High Blood Alcohol Content

The legal BAC limit in Georgia is 0.08% for drivers over 21 years. However, Georgia considers a BAC level of 0.15% or higher as an aggravating factor in DUI cases. If you exceed this threshold, the legal consequences may be more severe than a DUI with a lower BAC.

Prior DUI Convictions

Penalties for DUI in Georgia depend on the number of previous convictions. Multiple DUI convictions within ten years can result in harsher penalties. The penalties increase with each subsequent offense. 

If you have a prior felony DUI conviction, subsequent DUI offenses will be treated as felonies regardless of circumstances.

Reckless Driving

Engaging in reckless driving behaviors while under the influence aggravates your DUI charges. For example, excessive speeding and dangerous maneuvers. Besides aggravated DUI, you can also be charged with reckless driving, which is a separate offense in Georgia.

Driving With a Revoked or Suspended License

Operating a vehicle under the influence with a suspended or revoked license is often viewed as an aggravating factor. In addition to DUI, you may face criminal charges for driving with a suspended license which can be considered a violation of probation.

DUI With a Minor Passenger

DUI with a minor (usually under 18 years) is child endangerment and can aggravate your charges. It is a particularly serious offense because of the increased risk to the child and can result in increased penalties, including loss of custody and visitation rights.

Causing an Accident

If a DUI incident results in a traffic accident causing property damage, injury, or death, it is considered an aggravating factor. Besides DUI, you can face other charges like Severe Vehicle Injury, reckless driving, property damage, and even vehicular homicide if somebody dies.

Refusal to Take a Test

Refusal to submit to a breath, urine, or blood test as required by law can increase your penalties. It’ll cause an automatic driver’s license suspension and can be used as evidence of guilt in court.

DUI in a School Zone

DUI within a designated school zone or on school property increases the severity of your charges even if there was no minor in the vehicle.

Protect Your Future: Consult a DUI Attorney in Atlanta, Georgia

The consequences of DUI felony charges in Atlanta, Georgia, cannot be overstated. If you or your loved one is facing these charges, the impact on their life, career, and personal freedom can be severe.

To protect your future, consult with an experienced DUI defense attorney in Atlanta, Georgia.

At Cumberland Law Group, LLC, our DUI attorneys know the ins and outs of Georgia DUI laws. We have unmatched experience in Atlanta, and we’ll guide you through Georgia’s complex legal system as it applies to your case.

With our DUI lawyer by your side, you can mitigate the impact of felony charges. 

Contact us today for a free consultation.