By: Cory Yager, William Head, Larry Kohn, best Criminal Defense attorneys near me and Georgia Super Lawyers
In Georgia, is a DUI a felony? It depends on the facts of your case. Under GA DUI laws, a driving under the influence (DUI) charge can be classified as either a misdemeanor or a felony.
If you are trying to determine what constitutes a felony DUI, there are six specific scenarios where a DUI becomes a felony in Georgia, which our Atlanta DUI defense attorneys explain below.
What Makes a DUI a Felony in Georgia?
This misdemeanor DUI vs felony DUI distinction is important, because the penalties for each charge vary widely.
Is a DUI considered a felony? In Georgia, both misdemeanor and felony DUI charges are classified as criminal offenses. The difference is in the severity of the crime, sentencing guidelines, and license penalties.
Under GA DUI laws, felony DUI carries a minimum sentence of one year in state prison, while a misdemeanor DUI carries a maximum of one year served in a county jail.
Misdemeanor DUI convictions result in license suspensions. For felony DUI convictions, license revocation is mandatory. A license revocation is far more severe: your license is removed from Georgia DDS records, and you must reapply for driving privileges after your revocation period ends.
When Is a DUI a Felony?
As mentioned above, there are six situations where a DUI charge can be classified as a felony instead of a misdemeanor.
If you are wondering when does a DUI become a felony, it depends on whether certain aggravating factors are present.
Interestingly, the DUI charge itself is only classified as a felony when it is your fourth DUI within ten years. In all other cases, it is not the DUI charge alone that makes the case a felony.
Instead, felony DUI charges arise when the DUI is combined with another serious offense, such as causing serious injury or death, or driving while classified as a “habitual violator.”
Below, we outline each scenario along with the penalties associated with a felony DUI conviction in Georgia.
4th DUI in 10 Years
Since 2008, Georgia DUI laws have classified a fourth DUI offense within 10 years as a felony.
Why is the 10-year period significant for felony DUI? Georgia uses a 10-year “lookback” period to determine whether your DUI is a felony or misdemeanor. The State counts prior DUI convictions that occurred within 10 years of your current arrest.
For example, if you were arrested for DUI in June 2015, again in 2017, 2020, and now in 2025, this current DUI arrest would be considered your fourth DUI offense in 10 years. That would result in a felony DUI charge.
It is important to note that the lookback period is measured from arrest date to arrest date, not from conviction date.
Some drivers ask if receiving 3 DUI convictions within 10 years results in a felony. In Georgia, a third DUI within 10 years is still classified as a misdemeanor, although it carries severe penalties. Only a fourth DUI triggers felony status.
Penalties for 4th DUI jail time in Georgia: While many drivers search for “4th DUI jail time,” it is important to understand that a felony DUI conviction results in a state prison sentence, not county jail.
Penalties include a fine of $1,000 to $5,000, a prison sentence of 1 to 5 years, a minimum of 480 hours (60 days) of community service, mandatory DUI School (Risk Reduction), and possible court-ordered substance abuse evaluation.
Serious Injury by Vehicle (SIBV)
Under Georgia law (O.C.G.A. § 40-6-394), Serious Injury by Vehicle is a felony charge that applies when a DUI-related accident causes serious bodily injury to another person.
Some people refer to this as serious injury by motor vehicle, but the formal charge is Serious Injury by Vehicle.
This can include injuries such as broken bones, disfigurement, burns, permanent scars, or loss of use of a body part or organ.
It does not matter where or who the injured person is. The injured person can be a passenger in your vehicle, someone in another vehicle, a pedestrian, or a bicyclist.
Serious Injury by Vehicle Penalties. If convicted of first-degree SIBV, you face 1 to 15 years in state prison, per injured person. For example, if two people are seriously injured, you could face two separate SIBV counts. The judge may order the sentences to run consecutively or concurrently.
A DUI combined with Serious Injury by Vehicle is classified as a felony DUI offense in Georgia.
Vehicular Homicide While DUI
A vehicular homicide GA charge is similar to SIBV, but with a critical difference: a vehicular homicide charge applies when a DUI-related accident results in the death of another person. If your DUI accident caused a fatality, you will face dui vehicular homicide charges.
If convicted of first-degree vehicular homicide, you will also likely face a wrongful death lawsuit from the victim’s family. This civil liability can result in a judgment of millions of dollars, in addition to any court-ordered restitution to the family.
In this type of case, you will need both a criminal defense attorney (to handle the felony DUI and vehicular homicide charges) and a civil attorney (to defend the lawsuit).
Under GA DUI laws, this is considered the most serious felony DUI conviction, and the penalties reflect that.
First Degree Vehicular Homicide Penalties. 3 to 15 years in state prison, per death. As with first-degree SIBV, the judge may order the sentences to run consecutively or concurrently. While there is no mandatory fine in the statute, the court may impose court costs and additional fees.
Your driver’s license will also be revoked for a minimum of 3 years, with no Limited Permit available.
Feticide by Vehicle
Under GA DUI laws, if a DUI-related accident causes the death of an unborn child, the driver can be charged with Feticide by Vehicle, a serious felony DUI offense in Georgia.
Penalties for Feticide by Vehicle. 1 to 20 years in state prison, plus license revocation.
DUI Child Endangerment
Also known as DUI with child in car, the charge of DUI Child Endangerment applies when you drive under the influence of drugs and/or alcohol while transporting a minor (14 years old or younger).
Under GA DUI laws, each child in the vehicle results in a separate charge. Even a single driving incident can lead to multiple felony DUI counts if more than one child is present. There is no legal limit to how many of these charges can be brought from the same stop or accident, and stacked sentences are possible.
Bus drivers, pay attention. In Georgia, school bus drivers are held to a “heightened duty of care” because of their professional role.
Driving under the influence while operating a school bus, even with just one child on board, can lead to a DUI Child Endangerment charge along with other potential felony DUI charges.
While a first or second DUI Child Endangerment offense is a misdemeanor, a third offense or any subsequent offense is classified as a felony.
Third or Subsequent DUI Child Endangerment Penalties. 1 to 3 years in state prison, fines up to $5,000, and additional DUI-related penalties.
Habitual Violator With DUI
Under GA DUI laws, if a person drives under the influence after being declared a Habitual Violator, and the DUI arrest happens within the five-year revocation period, it will result in a felony DUI charge.
Habitual Violator status applies when a person is convicted of three “major” traffic offenses (such as DUI, Hit and Run, Vehicular Homicide, or Fleeing and Eluding) within a five-year span.
Even if the driver has been granted a limited or provisional license during that five-year period, a DUI arrest will still trigger a felony charge.
If the DUI arrest occurs after the five-year revocation period has ended, the DUI will be charged based on the driver’s current DUI history and may be treated as a misdemeanor.
Habitual Violator DUI Penalties. 1 to 5 years in state prison. Fine of $750 to $1,000. Additionally, your license will remain revoked by the Georgia Department of Driver Services (GA DDS).
To ensure which type of driving under the influence charges you are facing, contact a DUI criminal defense attorney immediately to set up a consultation. Based on the facts, our three award-winning criminal lawyers near me will determine the type of criminal charges, either felony or misdemeanor.
Each fact pattern must be reviewed to determine “is drunk driving a felony?”
Georgia Law Firms Near Me with Experienced DUI Attorneys Near Me to Defend You
A DUI conviction, regardless of felony or misdemeanor, will stay on your record for life, if convicted. That last part is critical, because our DUI attorneys near me do everything possible to beat a DUI, reduce a DUI or go to trial to have a jury say, “not guilty.”
Keep in mind that a DUI conviction can never be expunged or restricted in Georgia, which makes fighting the charge now so important. Our expungement lawyers in Atlanta explain which records can be cleared and which cannot.
We provide the exceptional legal representation you need when so much is at stake. Our award-winning, three-partner Atlanta DUI attorney law firm has four metro Atlanta GA office locations.
Call today to 404-567-5515 and ask for William C. Head, Cory E. Yager and Lawrence A. (Larry) Kohn to set up a free virtual consultation. These Atlanta DUI attorneys near me have nearly 90 years of collective DUI defense and criminal law litigation experience, in all types of criminal cases.
Our criminal lawyers Atlanta Georgia also have experience and serve in Cherokee County, Cobb County, Dekalb County, Forsyth County, Fulton County, Gwinnett County and Henry County, just to name a few. We have office locations in 4 zip code districts, 30342, 30009, 30303, and 30060.
No matter if you face a DUI felony or misdemeanor, our law office offers:
Unsurpassed legal industry credentials (see legal books above); FREE Atlanta criminal lawyer consultation IN PERSON or via Facetime or alternative digital media source; FREE PDF copy of Mr. Head’s 430-page drunk driving book, written for clients; Attorneys fee payment plans, using periodic credit card payments.
Want to learn more?
Explanation of the many acronyms for DUI-DWI-OUI in America
Georgia Criminal Defense Felony Charges
Traffic Violations, Codes and Fines
Check out our site’s Georgia DUI Facts Infographic, or
Justia’s website on Implied Consent Notices
DISCLAIMER AND PRIVACY POLICY
The information you obtain at this web site, related videos, image resources, Facebook, Twitter or other social media content, or blog postings is not, nor is it intended to be or provide, legal advice from a Georgia lawyer. This page is designed to help you find legal information, learn the basics about any criminal offense or court case in the state of Georgia, and then search for attorneys near me for your representation in GA.
You are well advised to consult an attorney for legal advice regarding your individual situation, and to obtain targeting help from an experienced lawyer in the community. Our Georgia lawyers invite you to peruse our site for answers to FAQs, charts, graphics and explanation of legal terms about Georgia laws. Then, call today about our legal services.
Our attorneys in Atlanta can interview you in person, or remotely via cell phone video conference or computer laptop or desktop interview. Our law group welcomes your email communication, chat responses, phone calls, letters and electronic mail, so that we can try to be of service in the areas of criminal defense when you contact us.
Our law office maintains a strict privacy policy, and (if you don’t retain one of our Georgia attorneys) our law firm staff will shred your paperwork. Contacting us (through any communication method) does not create an attorney-client relationship until a fee agreement is signed and you hire a legal professional with our legal team.
Please do not send any confidential information to our GA attorneys through this website portal until such time as an attorney-client relationship has been established and all terms and conditions or our retainer contract are agreed upon. If needed, clients may request a payment plan with our criminal justice attorney for payment of your legal fees.
Copyright 2020, by William C. Head. All rights reserved.