Posted by duijim in on April 4, 2015
Many people who have been arrested for a DUI ask, “Is a DUI a felony?” Generally speaking, the answer is no. The vast majority of DUI arrests in Georgia are misdemeanors. Comparatively, most moving violations in Georgia are also misdemeanors. This includes speeding, running red lights, and fender benders.
A DUI in Georgia can be a felony in certain situations. Unless a DUI is a 4th DUI conviction since July 1, 2008, someone is seriously injured or killed, then a DUI is a misdemeanor in Georgia.
Unless you have prior DUI convictions, or hurt, or killed someone, then your DUI charge is a misdemeanor.
Fourth DUI Conviction Since July 1, 2008
Is a DUI a felony? It is if someone is convicted of 4 DUI arrests since July 1, 2008. Then they are facing a felony DUI. Arrests prior to July 1, 2008, do not count toward this number. All arrests must be made after July 1, 2008, in order to count toward felony DUI status.
Arrests 1 through 3
If someone is facing their first, second, or even, third DUI conviction within a period of five or ten years, or even in their lifetime, these will be misdemeanor DUI charges.
A diagram explaining how to calculate prior DUI convictions for a felony DUI charge may be found on page 45 here.
DUI Serious Injury By Vehicle
Is a DUI a felony? It is if it is DUI Serious Injury By Vehicle. DUI Serious Injury By Vehicle is a felony punishable by a 1 to 15 years in prison. The Official Code of Georgia 40-6-394 defines this felony DUI as:
Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle.
A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years.
The Official Code of Georgia defines serious injury by vehicle in vague terms such as “rendering a member of his body useless,” and “by seriously disfiguring his body or a member thereof.” As you can see, there is not a specific list of injuries that fits “serious injury by vehicle” in Georgia. These ambiguous terms provide defenses to individuals charged with this crime.
O.C.G.A. 40-6-394 may be found here.
DUI Homicide By Vehicle
Is a DUI a felony? It is if someone was killed.
DUI Homicide By Vehicle is a felony. O.C.G.A. 40-6-393 states:
(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
(b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
(d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person’s license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.
O.C.G.A. 40-6-393 may be found here.
Is A DUI A Felony?
In summary, unless you have 3 prior DUI convictions, hurt, or killed someone then your DUI charge is a misdemeanor punishable by up to a $1,000 fine, and 12 months in jail. However, you are not likely to receive this harsh sentence.
For a first offense DUI conviction you are most likely facing a $300 fine, 40 hours of community service, DUI School, a drug and alcohol evaluation, 24 hours in jail (may be time served), 12 months probation which may become non-reporting upon completion of the terms and conditions of the sentence, and license suspension. However, hire a qualified DUI attorney to beat, or reduce, your DUI charge.
Our Atlanta DUI Lawyers offer free consultations for those looking to fight DUI charges.
Jim Yeargan
404-467-1747