Felony DUI Defense Lawyer Suwanee & Gwinnett County
Felony DUIs In The State Of Georgia
We defend clients from in and around Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County.
Learn What Constitutes A Felony DUI
Under Georgia law, a DUI can be charged as either a misdemeanor or a felony. While both are serious charges, the consequences associated with a felony DUI are significantly greater than a misdemeanor DUI. Being charged with a felony DUI can have a lasting impact on your life – especially if convicted. Prosecutors in Georgia zealously pursue felony charges as they promote their “tough on crime” appearance, which means that you may face heavy fines and jail time.
The Law Office of Banks, Stubbs & McFarland LLP provides the exceptional representation required to protect your rights and your future. We have significant legal experience as both prosecutors and defense counsel, which means we can look at your case the same way that the prosecution will.
Due to our prior experience, we know the strategies that the prosecution will employ to pursue a conviction and will be able to stay one step ahead providing you with superior representation. Attorney Phil Pilgrim previously served as the Senior Assistant Solicitor-General for the State of Georgia, where he was involved in the prosecution of more than 4,000 alcohol-related cases – more cases than most defense attorneys will take in a lifetime. If you have been charged with a felony DUI or misdemeanor DUI, the Law Office of Banks, Stubbs & McFarland LLP is here to help.
What is a Felony DUI?
A felony DUI is a serious charge based on an underlying DUI. A DUI is the act of operating a motor vehicle while under the influence of alcohol or drugs. There are multiple levels of misdemeanor DUI based on the level of intoxication and other factors such as the presence of children. A misdemeanor DUI can become a felony DUI when:
- Your DUI results in the death or serious injury of another
- You have multiple prior DUIs (three DUIs prior to the current one)
- You do not stop for the police
- You flee law enforcement
- You are involved in an accident and flee the scene
- Your DUI involves a school bus
A felony DUI is a serious offense that requires the most experienced representation. At the Law Office of Banks, Stubbs & McFarland LLP, we will use our extensive knowledge of the prosecutions’ strategy and tactics to successfully defend you against felony DUI charges in Atlanta.
What are the Penalties for a Felony DUI in Georgia?
The penalties for a felony DUI in Georgia are similar to those of a misdemeanor DUI. Like a misdemeanor DUI, a felony DUI carries two separate penalties which must be addressed.
The first is a license suspension that takes effect if you do not act within 30-days of being charged. The second consists of fines, probation, and jail time. For a felony DUI, you are facing significantly increased fines and jail time when compared to a misdemeanor. Our passionate defense can help you avoid or reduce these increased fines and jail time.
The penalties for a felony DUI depend on the specific reason for being charged with a felony over being charged with a misdemeanor. For example, being charged with felony DUI because it’s your fourth DUI within ten years includes a fine of up to $5,000, a prison sentence of up to five years, and a minimum five-year license suspension, as well as other penalties such as community service and the use of an ignition interlock device.
Comparatively, if being charged with felony DUI because you have caused death or serious injury to another, you may also face up to fifteen years in prison and be ineligible for a temporary driving permit. In addition to criminal penalties, you may face consequences outside of the courtroom. Being convicted of a felony will result in being barred from certain occupations, being subjected to harsh social stigma, losing the right to vote, losing the right to sit on a jury, and losing the right to own or possess a firearm.
Ultimately a felony DUI conviction can be life altering, which is why you need superior defense counsel to protect your rights and your future. We will tirelessly and zealously advocate for your rights to protect you inside and outside the courtroom.
How Will the Law Office of Banks, Stubbs & McFarland LLP Protect You?
While your DUI may seem like an “open and shut” case, there is ample opportunity for our attorneys to defend you. At the Law Office of Banks, Stubbs & McFarland LLP, we have the experience, knowledge, and tireless work ethic necessary to protect you regardless of the circumstances.
To gain a conviction, the prosecution must prove your guilt beyond a reasonable doubt and do so with the evidence presented. The key area of DUI defense, therefore, is in keeping evidence out of the courtroom. While the idea of what constitutes evidence is an exceptionally complex area of law, our experience as prosecutor and defense counsel allows us to utilize these complexities to keep evidence against you out of the courtroom. Common evidentiary issues may arise from:
- The officer’s reason for pulling you over
- The officer’s conduct during the stop
- The handling of any physical evidence such as blood tests
- Other failures by the police or prosecutor to correctly follow the law and procedure prescribed
- Collecting evidence can often result in inadmissible or insufficient evidence, such as breathalyzers not being
- properly calibrated or blood samples not being properly transported.
Speak with a Skilled DUI Attorney Today
Our Service Area
We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Suwanee law firm as soon as possible to learn how we advocate for your best interests.