I thought a DUI was just a misdemeanor in Georgia?
In most case, yes. However, if you have a history of DUI, was driving with a child in the car, or were in an accident that resulted in serious injuries or fatalities, the state can charge you with a felony.
Fourth DUI in 10 Years
In Georgia, most DUI's are misdemeanors. A first and second DUI are misdemeanors. The third DUI is also a misdemeanor but classified as a high and aggravated misdemeanor, meaning it carries more penalties. However, a fourth DUI in a ten year period (prior DUI occurring after July 1, 2008) is a felony.
The penalty for a fourth DUI may include a fine of $1000-$5000 (plus fees and surcharges added on by the court) and a prison sentence of 1 year to five years. O.G.C.A. § 40-6-391(c)(4)(A). The judge can decide to suspend or probate all but 90 days of imprisonment and the defendant will receive credit from time already served in jail after being placed under arrest. The sentence may also include probation, license suspension, community service, Risk Reduction course, and MADD Impact Panels.
Child Endangerment
When a driver is under the influence and has children under the age of 14 in the vehicle with them, he can be charged with DUI Child Endangerment. O.G.C.A. § 40-6-391(l). This charge can be a misdemeanor or a felony. The first and second convictions for DUI Child Endangerment are misdemeanors. The third is a felony. There is no time limit on the convictions. For a misdemeanor DUI Child Endangerment, a defendant is looking at a fine of up to $1000 (plus fees and surcharges) and jail time of up to one year. For a felony charge, it could be a fine of $1000-$5000 and a prison sentence of 1 year to 3 years. O.G.C.A. § 16-12-1(d)(2).
DUI Child Endangerment is a separate charge and offense from DUI. You may be charged with one count of DUI Child Endangerment for each child that was in the car. These charges do not merge, meaning they are separate and distinct, and you can be found guilty and sentenced to both the underlying DUI and each could of the DUI Child Endangerment. This also means that depending on how many children you had in the car, you could be charged with a felony even if it was your first DUI.
DUI with Serious Injuries or Fatalities
If you are driving under the influence and have an accident resulting in serious injuries or fatalities, you can be charged with a felony. A charge for DUI Serious Injuries could leave you with a prison term of 1 year to 15 years. A DUI with a fatality could result in a vehicular homicide charge. Each charge is separate and distinct, meaning they will not merge and you can be charged for each person that was injured or killed.
What is a serious injury?
A serious injury is not always clear. The statute states that if the driver causes "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." O.G.C.A. § 40-6-394. That definition leaves a lot of ambiguity and gives the state a lot of prosecutorial discretion on charging. Injuries could include broken bones, scars, loss of vision in one eye, and the permanent reduction in hearing has been held to be serious injuries.
So, these charges are serious? I need an attorney?
Any DUI charge is serious, but felony DUI charges are extremely serious. Instead of jail time, you are looking at prison time. Instead of $1000 fine, you are looking at several thousands of dollars of fines.
You need an attorney when facing these types of charges. Bray Law is the right law firm for you. Contact us today so we can start on your case. We offer Free Consultations.