DUI Felony Vs. Misdemeanor In Georgia: What’s The Difference?

by | Nov 13, 2023

DUI charges in Georgia can be classified as either felonies or misdemeanors, and the distinction between the two is crucial. Knowing the difference can significantly impact the legal consequences you may face. Let’s delve into the key factors that determine whether a DUI is categorized as a felony or a misdemeanor in Georgia.


One of the primary factors influencing the severity of a DUI charge in Georgia is the driver’s Blood Alcohol Concentration (BAC) level. In general, a BAC of 0.08% or higher is considered illegal. However, specific BAC thresholds can determine whether a DUI is charged as a felony or misdemeanor.


For a first or second offense with a BAC below 0.15%, the DUI is typically treated as a misdemeanor. Misdemeanor DUI convictions may lead to penalties such as fines, license suspension, mandatory DUI education programs, and possible jail time. While the consequences are serious, they are generally less severe than those associated with felony DUI charges.


Certain circumstances can elevate a DUI charge to a felony in Georgia. If a driver has multiple DUI convictions within a ten-year period, the likelihood of facing felony charges increases. Additionally, a DUI resulting in serious injury or death can automatically be classified as a felony, even if it’s the driver’s first offense.


Felony DUI convictions carry more severe consequences than misdemeanors. Penalties may include substantial fines, long-term license revocation, mandatory alcohol or drug treatment programs, and significant prison sentences. The specific penalties depend on the circumstances surrounding the DUI offense.


Apart from BAC levels and prior convictions, other aggravating factors can contribute to a DUI being charged as a felony. These factors may include reckless driving, driving with a suspended license, or DUI with a minor in the vehicle. Each additional element can intensify the charges and lead to more severe legal consequences.


Whether facing misdemeanor or felony DUI charges in Georgia, seeking legal representation is crucial. A skilled DUI attorney can assess the details of the case, challenge evidence, and work to mitigate the potential consequences. They may negotiate for reduced charges, explore diversion programs, or develop a strong defense strategy tailored to the specific circumstances.

Understanding the distinctions between misdemeanor and felony DUI charges in Georgia is essential for anyone facing such allegations. Being aware of the factors that influence the categorization of DUI offenses can empower individuals to make informed decisions and seek appropriate legal guidance.

If you find yourself charged with a DUI, contact our experienced Marietta DUI attorney is the first step toward navigating the legal process and safeguarding your rights.