Marietta Felony DUI Lawyer

FIGHTING FELONY DUI CHARGES IN COBB, FULTON, CHEROKEE, BARTOW, AND PAULDING COUNTIES 

Anytime you’re arrested for driving under the influence (DUI) of alcohol, marijuana, or other drugs, you’re facing an uphill battle against a prosecution that started building a case against you the moment you were pulled over. This is undoubtedly intimidating for anyone facing DUI charges, especially for those accused of a felony offense.

Whatever the circumstances of your felony DUI arrest, it’s essential to have an experienced legal team to defend your rights. Frye Law Group was founded by a former prosecutor who has successfully represented Georgians against felony charges throughout Cobb, Fulton, Cherokee, Bartow, and Paulding counties for 10+ years.

Call Frye Law Group today at 770-919-9525 or contact us online to schedule a meeting with our felony DUI attorney in Marietta!

WHEN IS A DUI A FELONY IN GEORGIA?

Most felony DUI charges are issued to people who have three or more DUI convictions within ten years. However, the state may also charge impaired drivers who cause severe car wrecks or fatal injuries with

felonies, and they may do the same for people who have 2 DUI convictions but have a child under 14 in the car at the time of their third offense. This specific situation results in 2 separate DUI charges (bringing your total to 4)—one for driving while impaired and one for doing so while endangering a child.

Furthermore, people who have three or more serious traffic violations and have been labeled “habitual violators” can also be charged with a felony if caught driving under the influence while their license is suspended. Serious traffic violations include:

• DUI offenses
• Illegally passing a school bus
• Fleeing the scene of an accident
• Fleeing from law enforcement officers
• Racing or otherwise driving recklessly

WHAT ARE THE PENALTIES FOR A FELONY DUI IN GEORGIA?

Georgia already has a reputation for harshly punishing first-time and second-time DUI offenders, but the penalties for felony offenders are significantly more severe. Felony DUI penalties vary depending on the circumstances and the court’s discretion, but may include:

• Prison time (up to 5 years for a standard fourth offense or 15 years for vehicular manslaughter)
• Steep fines (up to $5,000)
• DUI Risk Reduction Program (RRP) courses (20 hours of class time)
• Community service (up to 480 hours)
• MADD Victim Impact Panels
• Lengthy license suspension periods
• Vehicular impoundment
• Confiscation of your license plate

Navigating these potential penalties demands a legal team with a track record of success in felony DUI cases. At Frye Law Group, we bring the expertise and dedication necessary to mount a formidable defense against these life-altering charges.

Detailed Legal Information About the DUI Offense

In Georgia, a DUI offense can be classified as a misdemeanor or a felony, depending on the circumstances surrounding the incident. A standard DUI is typically a misdemeanor, but repeated offenses or aggravating factors can elevate it to a felony. According to Georgia Code § 40-6-391, a fourth DUI conviction within ten years is classified as a felony, which carries severe penalties, including one to five years in prison, a fine ranging from $1,000 to $5,000, and a five-year driver’s license revocation.

Felony DUI charges can also arise from DUI incidents that result in serious injury or death. Under Georgia Code § 40-6-393, vehicular homicide caused by DUI is a felony, punishable by three to fifteen years in prison. If serious injury results, the driver can face a prison term of one to fifteen years under Georgia Code § 40-6-394.

The legal process for a felony DUI begins with an arrest and booking. The defendant must appear at an arraignment where charges are formally read. Pretrial motions and hearings will follow, where evidence is presented, and plea bargains may be discussed. If the case goes to trial, both sides will present their arguments before a judge or jury. A conviction will lead to sentencing, where penalties are determined based on the specifics of the case and the defendant’s criminal history.

It is crucial to understand the implications of a felony DUI charge. Convictions can result in long-term consequences, including difficulty finding employment, housing, or obtaining professional licenses. The Georgia Department of Driver Services mandates an ignition interlock device for felony DUI offenders as a condition for reinstating driving privileges.

Understanding the gravity of a DUI charge and the legal nuances involved underscores the importance of securing experienced legal representation. Navigating the complexities of DUI laws requires expertise, and having a knowledgeable attorney can significantly impact the outcome of the case.

DEFENSES AGAINST FELONY DUI CHARGES

Mounting a successful defense against felony DUI charges requires a strategic approach tailored to the unique circumstances of each case. Our experienced legal team explores a range of defenses, including:

• Challenging Evidence: Scrutinizing the evidence is crucial to building a strong defense. We meticulously examine factors such as the validity of field sobriety tests, the accuracy of blood or breath test results, and the lawfulness of the arrest.
• Illegal Stops and Searches: If law enforcement violates constitutional rights during a stop or search, we work diligently to have any unlawfully obtained evidence excluded from the case.
• Medical Conditions: Some medical conditions can mimic the symptoms of intoxication. We explore potential medical explanations that may impact the reliability of the prosecution’s case.
• Inaccuracies in Police Reports: Police reports are not infallible. We meticulously review these documents to identify inaccuracies or inconsistencies that could be pivotal in building a defense.

Facing a felony DUI charge is daunting, but with the right legal representation, individuals can assert their rights and work towards the best possible outcome. At Frye Law Group, we leverage our expertise and commitment to justice to provide formidable defenses against felony DUI charges in Marietta, Georgia.