What is a Felony DUI?

It is illegal to operate a motor vehicle in Georgia if you have a blood alcohol concentration (BAC) of 0.08 percent or greater. While the law levies harsh penalties against drunk drivers, the punishment is more severe if you have committed a felony DUI.

In Georgia, a fourth DUI offense within a ten-year period is considered a felony. Since a felony conviction does come with more jail time, punishment severity does increase drastically for a fourth DUI offense.

Keep reading to learn more about the state’s DUI laws and the potential penalties for driving under the influence in The Peach State as well as how an experienced Georgia DUI attorney can help you.

Georgia Law on DUIs

A BAC of 0.08 percent is classified as a “per se” level of impairment in Georgia. “Per se” means that the blood alcohol level itself is enough to convict someone. Law enforcement does not need to gather any further evidence of a person’s impairment.

However, the 0.08 percent does not apply across the board. If you show signs of intoxication and have a BAC of just 0.05 percent, you can still be charged with a DUI. Also, certain classes of people are held to stricter standards. For example, persons under the age of 21 are held to a legal limit of 0.02 percent. Commercial drivers drive illegally if they have a BAC of 0.04 percent or greater.

Penalties For Third and Fourth DUI Offenses

If you have received a third or fourth DUI in Georgia, you face harsh penalties under the law. Under Georgia Code §40-6-391, the following penalties will be imposed:

Third Offense

A third DUI offense is charged as a high and aggravated misdemeanor. If a third DUI offense is committed within five years of the second offense or within ten years of the first offense, the following penalties may be imposed:

  • Imprisonment of 120 days to one year
  • Fines ranging from $1,000 to $5,000
  • License revocation of five years
  • 30 days of community service
  • Probation of one year, including time served
  • A mandatory clinical evaluation and, if recommended, completing of a substance abuse treatment program
  • Completion of an Alcohol and Drug Use Risk Reduction Program within 120 days of conviction or within 90 days of time served
  • You will be declared a habitual offender. Your license plate will be seized and sent to both the court and the Department of Motor Vehicles

Fourth Offense

A fourth or subsequent DUI offense within a ten-year period is considered a felony in Georgia. If convicted, you will be subjected to the following penalties:

  • Imprisonment of one to five years, with a minimum of 90 days served
  • Fines ranging from $1,000 to $5,000
  • License revocation of five years
  • Minimum of 60 days of community service, but may be waived if defendant has served at least three years in prison
  • Probation of five years, including time served
  • A mandatory clinical evaluation and, if recommended, completing of a substance abuse treatment program
  • Completion of an Alcohol and Drug Use Risk Reduction Program within 120 days of conviction or within 90 days after time is served

DUI Offense Lawyers Dedicated to Safeguarding Your Rights

If you have been charged with a felony DUI, you need someone who will protect your driving privileges and will keep you out of jail. At Banks, Stubbs & McFarland, our Georgia DUI offense lawyers have been successfully helping clients avoid DUI convictions for over 30 years. To learn more, please reach out by giving us a call or completing our online contact form.