Georgia 4th DUI & Felony DUI
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You face severe consequences if convicted of a fourth DUI offense in Georgia. The state of Georgia has a zero-tolerance policy when it comes to drunk driving, and a fourth DUI offense is considered a felony. You will face at least one year in prison, with a maximum of five years. In addition, you will be facing a minimum fine of $1,000 and a maximum of $5,000. Your license will also be suspended for five years, and you must complete a substance abuse program. Finally, you may be required to install an ignition interlock device in your vehicle.
These consequences are in place to deter people from driving under the influence of alcohol or drugs. The state of Georgia takes DUI offenses very seriously, and a fourth offense is treated as a felony. If you are convicted of a 4th DUI offense, seeking legal counsel as soon as possible is essential. An experienced attorney can help you navigate the legal system and ensure that your rights are protected.
A fourth DUI within ten years in Georgia is a felony offense, and being charged with a felony in Georgia is a life-changing event. A fourth or subsequent offense conviction means that you have been convicted of four or more DUI charges since July 1, 2008. The penalties for a fourth or subsequent offense DUI conviction are harsh.
Minimum jail sentence
The minimum jail sentence for a fourth or subsequent offense conviction is one year, and the maximum is five years. Of course, people rarely get the minimum fine in a 4th DUI case in Georgia. Based on the circumstances surrounding your case and the previous convictions, the judge may probate all but three months of your jail sentence. You will also be ordered to spend your jail time in a state petitionary, not your local county jail.
Minimum fine
The minimum fine for a fourth conviction is $1,000; the maximum fine can go as high as $5,000. A fourth-time offender must perform at least 60 days (480-500 hours) of community service. You will also be sentenced to five years of probation, less time already served in jail.
Driver’s license revocation
Your driver’s license will be revoked for at least five years, and you will not be eligible for a limited permit license. Your photo will also appear in the local newspaper along with your name and the violation specifics at a cost to you of $25. You must also surrender the license plates to any vehicle registered in your name. You will also be required to install an ignition interlock device in each of your vehicles before your license is reinstated, and this device must remain in place for a minimum period of six months. You must complete a mandatory clinical evaluation and the court-ordered DUI Alcohol or Drug Risk Reduction Program before your license will be reinstated at the end of your revocation period.
Habitual violator
Further, you will be declared a habitual violator. Any person declared a habitual violator must forfeit their vehicle to the state. Still, you can petition the judge to transfer the title to another family member if the forfeiture would cause your family financial hardship. Being a Georgia Habitual Violator means you cannot drive a car for at least two years and as much as five years. If you violate the law and are found driving, you will be charged with a Felony.
The consequences of a DUI felony conviction last long after your sentence has been served. You may be ineligible to work in schools or government agencies as a convicted felon. In addition, your right to vote and own firearms can be taken away from you. Even something as simple as renting an apartment can be more difficult if you have to answer “yes” when asked if you have ever been convicted of a felony.
Felony DUI
Most driving under the influence (DUI) arrests in Georgia are classified as misdemeanors; however, certain factors could result in a felony charge. A felony is a serious offense that could result in prison time and the loss of certain rights; therefore, you should hire an experienced defense attorney if you have been charged with a felony DUI.
What Constitutes A Felony DUI?
What makes a DUI a felony instead of a misdemeanor? If there were any extenuating circumstances in your case, such as transporting a minor while you were intoxicated or causing an accident that results in a fatality, personal injury, or property damage, you might be charged with a felony offense. Being convicted of four or more DUI convictions within ten years could also result in a felony charge.
The most common reasons that a DUI in Georgia might be charged as a felony include the following:
- Fleeing the scene of an accident.
- Causing bodily injury or wrongful death to another person.
- Evading or attempting to evade police.
- Property damage.
- Four or more DUI convictions within ten years.
- Transporting a minor while under the influence of drugs or alcohol.
- Excessive speeding while under the influence of drugs or alcohol.
The most significant difference between a misdemeanor and a felony is where you spend time behind bars. Unlike a misdemeanor, punishable by less than a year in jail, you could be sentenced to one year or more in state prison. If you caused any deaths or serious injury while under the influence, you may be sentenced to at least 15 years for each offense.
If addition to prison time, you could face several penalties if convicted of a felony DUI, such as fines, probation, substance abuse treatment, and community service. Your driving privileges will also be suspended (or permanently revoked), and you may be required to install an ignition interlock device in your vehicle to have your license reinstated.
Collateral Consequences Of A DUI Conviction
The consequences of a DUI felony conviction last long after your sentence has been served. You may be ineligible to work in schools or government agencies as a convicted felon. In addition, your right to vote and own firearms can be taken away from you. Even something as simple as renting an apartment can be more difficult if you have to answer “yes” when asked if you have ever been convicted of a felony.