Is DUI a Misdemeanor or a Felony in Georgia?

Depending on the circumstances, a Georgia DUI may be charged as either a misdemeanor or a felony. Any DUI charge, felony or misdemeanor, can carry serious consequences. If you have been charged with driving under the influence, you should contact an experienced Augusta DUI attorney right away.

When is a Georgia DUI a Misdemeanor?

Most DUI charges in Georgia are misdemeanors. Typically, first, second, and third DUI offenses within a 10-year period are all charged as misdemeanors. Even when there are factors that make a DUI charge more serious, such as driving with a minor in the car, the DUI charge itself is typically a misdemeanor.

However, not all misdemeanor DUI charges are created equal. The penalties for a second DUI offense within 10 years are more serious than the penalties for a first offense DUI. A third offense is charged as a high and aggravated misdemeanor and carries an even stiffer sentence.

Misdemeanor DUI Sentencing

Here’s how misdemeanor DUI sentences compare, based on whether the violation is a first, second, or third offense.

Offense	First	Second	Third
Jail Sentence	10 day minimum, 12 month maximum	90 day minimum, 12 month maximum	120 day minimum, 12 month maximum
Fine	At least $300 but no more than $1,000	At least $600 but no more than $1,000	At least $1,000 but no more than $5,000

In most circumstances, the court may choose to suspend some of the jail sentence. But that also varies depending on the number of prior offenses. For example, the court can typically suspend all but 24 hours of the jail sentence on a first offense DUI. If the driver’s blood alcohol level (BAL) was below 08, the entire sentence can be suspended.

For a second offense, the driver must serve at least 72 hours in jail. And, for a third offense, the mandatory time served jumps to 15 days.

Note, however, that suspension of any part of the sentence is within the judge’s discretion, not automatic. Your Augusta DUI lawyer can explain in greater detail what factors determine whether a portion of your sentence is suspended, and what you can do to improve the chances of receiving a suspended sentence.

A misdemeanor DUI conviction also carries other consequences, which may include driver’s license suspension, probation, mandatory drug and alcohol programs, community service, and more. In addition, a person who has been declared a habitual violator after three DUI offenses may be subject to motor vehicle forfeiture.

When is an Augusta DUI a Felony? 

A fourth DUI offense in a 10-year period is charged as a felony in Georgia. That means a big leap in penalties from even a third offense conviction. If you’re convicted of felony DUI, you could face one to five years in prison. While part of the sentence may still be suspended, a person convicted of felony DUI in Georgia must serve at least 90 days in jail. 

A felony DUI carries similar other consequences to a misdemeanor DUI, many proportionately more severe. The term of probation for a fourth offense DUI is five years minus the term of imprisonment. 

Any subsequent DUI conviction within 10 years is subject to the same sentencing provisions as a fourth offense. However, sentencing typically becomes harsher with repeated offenses. 

Other DUI-Related Felonies in Georgia

In addition to the elevated charges associated with repeat DUIs, there are some specific DUI-related felony crimes. These include: 

• Driving a school bus under the influence
• Homicide by vehicle
• Feticide by vehicle
• Serious injury by vehicle

The sentences associated with these crimes can be very serious, some running to a possible 15 years in prison or more. If you have been charged with a felony DUI-related crime, you should speak with an Augusta DUI defense attorney right away. 

A DUI Charge Isn’t A DUI Conviction

Despite the serious costs of a DUI conviction, too many people resign themselves to the belief that they can’t fight a DUI charge. While in some cases it makes sense to enter a guilty plea, you should never do so without a thorough understanding of the direct and indirect consequences of a conviction. And you should never leave sentencing to chance. 

You May Have Defenses to Your Augusta DUI Charge

An Augusta defense attorney with deep knowledge of DUI law may be able to uncover weaknesses in the State’s case that could lead to a favorable plea agreement, a victory at trial, or even outright dismissal of the charges. 

Some possible lines of defense in a Georgia DUI case include: 

• Challenging the traffic stop, which could lead to suppression of all evidence gathered during the stop
• Challenging the accuracy of the chemical test results, due to faulty equipment or procedures, lack of training of the officer, or other possible flaws
• Challenging the results of field sobriety tests, which are based heavily on officer observations

The Best Defense is the Best Augusta DUI Attorney

Every DUI case is different, and the best defense strategy for you depends on a variety of factors, including how much is at risk, what weaknesses your DUI defense lawyer identifies in your case, and more. When you hire an experienced Augusta DUI attorney like Todd Mitchell, he will investigate the facts of your case and advise you on the best way to move forward. 

If a plea agreement is the best option, the right attorney will use their findings as leverage to negotiate the best deal possible. If your defense is strong, they may advise taking the case to trial and fighting for a “not guilty” verdict.

Experience Counts in DUI Defense

Todd Mitchell has devoted his entire legal career to fighting for people charged with crimes in Georgia. He is the former Managing Attorney of the Felony and Appellate Division of the Augusta Public Defender’s Office, and has deep knowledge of the local criminal courts and processes. To learn more about how he can help you get the best possible outcome in your DUI case, call (706) 750-0501 or fill out our contact form.