By guest writer Attorney Donald W. Singleton
Driving under the influence (DUI) is a serious offense that carries severe penalties in every state. In some cases, it can even become a felony charge. However, there are different levels of offenses and each one leads to different consequences. A person convicted of DUI could face jail time, fines, loss of a driver’s license, probation, and/or community service. Some states require mandatory alcohol treatment programs, others make repeat offenders ineligible for certain jobs, and still, others allow people convicted of DUI to lose their gun licenses.
Georgia’s DUI laws are similar to those in many other states. If you’re charged with DUI, you’ll likely receive a citation for reckless driving. This is usually considered a misdemeanor. If someone gets caught three times in 10 years, he or she faces a fourth DUI, which becomes a felony. Be sure to contact an experienced Atlanta DUI defense lawyer.
Can a DUI be Charged as a Felony?
In 2013, Michigan changed its laws. Previously, it had been a misdemeanor to be convicted three times of operating while intoxicated (OWI). Now, the third conviction becomes a felony.
This is called a “washout” or “lookback” provision. Many states now have similar provisions, including South Carolina, where there are no washouts anymore; you’re always a felon.
The reason for the change? States want to prevent repeat offenders from getting off easy. They don’t want people to go to jail for life because they’ve done something stupid once.
So, what happens when someone gets caught drinking and driving multiple times?
Well, under most states’ laws, that’s considered a second offense. But some states start counting those offenses as felonies, even though they weren’t committed within a specific timeframe.
For example, in Michigan, you could be charged with a fourth DUI today, but if you had already been convicted four times, that counts as a fifth. And if you got arrested five times, that’s a sixth. So, a person who’s been convicted of DWI four times could end up facing 10 years in prison.
And this isn’t just happening in Michigan. Some states have eliminated the lookback rule altogether. For instance, in South Carolina, you’re a felon regardless of how many times you’ve been convicted.
DUI Laws in Georgia
Driving under the Influence (DUI) in GA is always a criminal prosecution and not a civil matter, even though it is often referred to as such. A person charged with a DUI in Georgia must understand that he/she is being prosecuted criminally. If convicted of a felony, the maximum penalty is one year in jail and up to a $5,000 fine, or five years in prison and up to a $10,000 fine.
However, there are exceptions to the penalties listed above, including those involving certain offenses committed while driving a commercial vehicle, or where the individual had his/her privilege revoked due to multiple convictions within a five-year period.
The key question to remember about Georgia DUI laws is whether you are facing a misdemeanor or felony violation. Most people assume that a DUI in GA is always a misdemeanor, but this is incorrect. There are three types of DUI charges in Georgia:
First Offense
A person charged with a first-offense DUI faces no mandatory jail sentence, although a driver can receive probation and pay fines.
Second Offense
A second offense DUI carries a mandatory six-month jail sentence, and a fine of up to $500.00 plus court costs.
Third Offense
A third offense DUI carries a mandatory 12-month jail sentence and the possibility of receiving a fine of up to twice the amount paid in restitution during the previous two years.
Felony DUI Charged, but Not Convicted?
The state of Georgia offers some relief to those accused of driving under the influence (DUI). Under certain circumstances, it is possible to avoid having a criminal record for a DUI. In fact, there are ways to reduce the penalties associated with a DUI arrest.
For example, if the defendant successfully completes a pretrial diversion program, he or she will not face any charges. This is called a deferred prosecution agreement (DPA), and it is one way to avoid a DUI conviction. Another option is to hire an experienced Atlanta DUI defense lawyer to defend against the charge.
From Donald W. Singleton, an attorney with the law firm of Singleton Law Firm, LLC. Singleton Law Firm has assisted clients in Atlanta, Georgia with DUI and personal injury cases for over 30 years.
