Atlanta Felony DUI Attorney

When Is a DUI a Felony in Georgia?

Driving under the influence (DUI) of drugs or alcohol is a criminal offense that can be prosecuted in many different ways. While standard first-time DUIs are typically misdemeanor offenses, they can be prosecuted as felonies when aggravating circumstances are involved. When felony charges do arise, they subject convicted offenders to harsher penalties and to consequences that can create enduring limitations, repercussions, and barriers.

You may face felony DUI charges for:

• A fourth DUI
• DUI causing injury
• DUI causing death
• Having a prior felony DUI

When these aggravating circumstances are involved, a DUI charge can be elevated to a felony crime. As a felony, these charges pose the most serious penalties, as well as mandatory terms of imprisonment.

If you are facing felony charges for DUI, contact us or call (404) 907-1536 to start discussing your defense with our experienced Atlanta felony DUI lawyer. 

Multiple Offense DUIs in Atlanta

In Georgia, a driver can be charged with a felony DUI when they are convicted of a fourth or subsequent DUI offense within 10 years of a previous DUI conviction. This fourth-time felony DUI law was passed in 2008 in response to statewide efforts to intensify penalties for habitual offenders. Additionally, individuals convicted of a DUI with child endangerment at any point in their lifetime will also face felony allegations if they are charged with DUI child endangerment a third time. Anyone who has been convicted of any type of felony DUI will also face felony allegations for new DUI charges.

Because fourth and subsequent DUIs are treated so harshly under Georgia law, it is critical to work with a defense team that understands how local prosecutors and judges in Fulton County State Court and the Municipal Court of Atlanta approach these cases. A felony drunk driving attorney Atlanta defendants trust will carefully review the timeline of prior convictions, the evidence used to prove impairment, and any issues with the stop or arrest to identify options for limiting the long-term impact of a new case.

DUI Causing Serious Injury

DUIs resulting in accidents that seriously injure others can also subject alleged offenders to felony charges. As causing harm to others is considered a reckless, egregious act of carelessness, Georgia laws have made the point to prosecute offenders with heightened charges and penalties.

In these situations, the state may file separate counts for serious injury by vehicle, which is a felony that can carry years in prison, especially if more than one person was hurt in the collision. We often see these charges after crashes investigated by Atlanta Police or Georgia State Patrol on busy roadways such as the Downtown Connector or I-285, where even a momentary lapse in judgment can have severe consequences. A felony drunk driving lawyer Atlanta defendants turn to will not only address the DUI allegation but will also challenge the causation and injury elements that the prosecution must prove beyond a reasonable doubt.

DUI Causing Death

DUIs causing death are the most serious driving under the influence charges one can face. Known as DUI manslaughter, this felony offense will be prosecuted when a driver causes death while driving their vehicle under the influence of alcohol or drugs. DUI manslaughter is punishable by prison terms between 3 and 15 years.

When a fatal crash leads to felony charges, law enforcement and prosecutors devote substantial resources to accident reconstruction, toxicology testing, and witness interviews. These cases are often handled in the Superior Court of Fulton County, and the emotional nature of a death investigation can create added pressure on everyone involved. A felony DUI attorney Atlanta families can rely on will scrutinize each step of the investigation, including how blood or breath samples were obtained and analyzed, and will work to present mitigating factors that help the court understand the full context of what happened.

If you or someone that you care about is facing a felony DUI allegation, please be aware that there is a great deal is riding on your case. In addition to hefty fines and potentially lengthy terms of imprisonment, felony convictions are also viewed distastefully by society at large, including potential employers, landlords, and others who conduct background checks.

Beyond the formal penalties imposed by the court, a felony record can affect professional licenses, security clearances, and the ability to qualify for housing or financial aid, which is why early intervention is so important. By acting quickly to consult with counsel, you give your defense team more time to gather records, contact witnesses, and address any driver’s license issues with the Georgia Department of Driver Services that may arise from your arrest in the Atlanta area.

By understanding the penalties at stake in your case, you should feel the necessary urgency to work with a proven Atlanta felony DUI attorney who has the experience, the resources, and the capability to fight effectively on your behalf. To learn more about felony DUI charges and how the Law Offices of Howard J. Weintraub can help, bring your case to the attention of a seasoned Atlanta felony DUI lawyer today.

The Punishments for a Felony DUI Conviction

According to §40-6-391 of the 2010 Georgia Code, it is considered a felony offense to be convicted for a fourth DUI if you have three prior DUI convictions on your record within the past 10 years. Should this occur, the penalties that are associated with the offense will be elevated in severity.

According to the law, a fourth DUI conviction carries with it penalties that include the following:

• Monetary fine between $1,000 and $5,000;
• Imprisonment between one and five years;
• Minimum of sixty days of community service;
• Mandatory completion of Risk Reduction Program;
• Probation period of five years less days of imprisonment; and
• Clinical evaluation and possible substance abuse treatment program

Felony DUI charges that involve accidents where a victim was injured or killed will also increase penalties. For example, homicide by vehicle is punishable by up to 15 years in prison. If you are being charged with a felony DUI, working with an experienced attorney should be your first priority. Contact our firm today and work with our Atlanta felony DUI attorneys!

In addition to sentencing, a felony DUI conviction can lead to long-term driver’s license consequences, including lengthy suspensions and ignition interlock requirements that affect your ability to commute, care for family members, or continue working. Judges in Atlanta and across Georgia may also impose special conditions such as alcohol monitoring, substance abuse treatment, or restrictions on travel, all of which can disrupt daily life. Understanding these collateral consequences helps you and your legal team make informed choices about whether to pursue negotiations, alternative resolutions, or a contested trial.

Defenses Our Atlanta Felony DUI Lawyers May Use

When you are facing a felony-level drunk driving accusation, it is natural to wonder whether anything can be done to fight the charges. While every case is different, there are often multiple defense strategies that can be explored to challenge the state’s evidence or reduce the severity of the consequences in Fulton County or surrounding metro Atlanta courts. By carefully examining how the investigation was handled from the traffic stop through the booking process, we can often identify weaknesses that may open the door to a more favorable resolution.

One common area of focus is the legality of the initial stop and arrest, because officers must follow Georgia law and constitutional standards when pulling a driver over or requesting field sobriety tests. If an officer lacked reasonable suspicion to stop your vehicle or probable cause to arrest on felony charges, key evidence may be subject to suppression, which can dramatically alter the prosecutor’s case. We also look closely at how breath or blood tests were administered, whether the testing equipment was properly maintained, and whether medical conditions or external factors could have affected the results reported after an arrest in Atlanta.

In cases involving alleged injuries or death, an experienced felony DUI lawyer Atlanta residents rely on will evaluate whether the prosecution can truly prove that impairment caused the crash, rather than another driver’s actions, road conditions, or an unavoidable emergency. This may involve consulting with accident reconstruction professionals, reviewing surveillance footage from nearby businesses, or interviewing witnesses who were present at the scene. Even when the evidence appears strong, demonstrating your cooperation, treatment efforts, or support in the community can sometimes help mitigate penalties and present you in a more complete and accurate light to the judge or jury.

Understanding the DUI Legal Process in Georgia

Navigating the legal system after a DUI charge can be overwhelming, but you don't have to face it alone. At Weintraub & Alper Legal, we believe that knowledge is power. Our experienced attorneys are here to guide you through every step of the DUI legal process, ensuring you understand your rights and options.

Here’s what you can expect when facing DUI charges:

• Initial Consultation: We will discuss the details of your case, answer your questions, and outline potential strategies.
• Investigation: Our team will thoroughly investigate the circumstances surrounding your arrest, gathering evidence to build a strong defense.
• Plea Bargaining: If appropriate, we will negotiate with prosecutors to seek reduced charges or penalties.
• Trial Preparation: Should your case go to trial, we will prepare a robust defense to protect your rights and interests.
• Post-Conviction Support: If a conviction occurs, we can assist with appeals or alternative sentencing options.

Understanding each phase of the process can help reduce anxiety and empower you to make informed decisions. Contact us today to schedule your consultation and take the first step towards securing your future.

For many of our clients, the most pressing questions involve what will happen at the first appearance, how the bond is set, and whether they will need to appear in both the Atlanta Municipal Court and a county court such as Fulton or DeKalb, if felony charges are filed. We take time to explain these procedures in plain language, discuss realistic timelines, and prepare you for court so that you know what to expect at each hearing. By keeping you informed and involved, we help you participate meaningfully in key decisions about your defense instead of feeling left in the dark.

Our Atlanta Felony DUI Lawyer Can Help

At Weintraub & Alper Legal, our legal team understands that felony DUI charges can put our clients' freedoms and futures at stake. This is why we draw from more than 40 years of combined experience and fight tirelessly to have charges dismissed or reduced as much as possible. If you would like more information about your case and how our firm can help, we urge you to contact our Atlanta felony DUI lawyer as soon as possible.

When you come to us after an arrest in the Atlanta area, we begin by learning about your background, your goals, and any concerns you have about employment, professional licensing, or immigration status. We then evaluate the facts of your case, including the traffic stop, field sobriety tests, and chemical testing, to determine whether motions should be filed to suppress evidence or challenge the lawfulness of the arrest. Throughout the process, we remain accessible to answer questions and provide clear updates, so you always know how your case is progressing.

Facing felony DUI charges? Schedule your consultation with our firm today and secure the aggressive legal representation you deserve! Call (404) 907-1536 to speak with an experienced Atlanta felony DUI lawyer.