Marietta Felony DUI Attorney

While DUI is always a serious criminal charge, there are instances in which you may be facing an even more severe circumstance. A felony DUI conviction can lead to jail time, and it can change the course of your life.

Addison Waid brings a unique perspective to criminal defense as a former prosecutor who handled thousands of cases before becoming a defense attorney and founding Waid Law Firm, LLC. A Marine veteran, he brings discipline and resolve to every case he takes on. Addison is deeply committed to justice, fighting relentlessly for his clients while communicating with honesty and transparency throughout.

Waid Law Firm, LLC is located at 399 Washington Ave NE, Marietta, GA 30060. Call us today at 470-458-9866 to schedule a free initial consultation.

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DUI Can Sometimes Be Charged as a Felony

In Georgia, most DUI offenses are charged as misdemeanors. However, there may be extenuating circumstances present that could lead to the prosecutor charging the case as a felony. A felony DUI charge is the same as any other type of felony charge insofar as there is a minimum jail sentence under the statute. The prosecutor could charge a DUI as a felony based on the specific circumstances of your case, or due to the number of offenses that you have.

When Is a DUI a Felony in Georgia?

What may have otherwise been a misdemeanor could rise to the level of a felony when one of the following circumstances are present:

• A driver has been convicted of DUI for the fourth time within the applicable 10-year look-back period.
• The driver caused serious bodily injury to another person through their impaired driving.
• There was an accident resulting from the DUI that caused the death of another person.

In addition, a driver may face a felony charge in connection with the DUI if there was a child in the car aged 14 or under at the time they were stopped. This is a child endangerment charge that is related to but distinct from the DUI. At the same time, a prosecutor may file other felony charges in addition to the underlying DUI that can include:

• Reckless driving: This is when a driver operates a vehicle in reckless disregard for the safety of persons or property, such as by excessive speeding or tailgating.
• Vehicular homicide: If there was a death resulting from an accident involving DUI, it is charged as a first-degree vehicular homicide. Prosecutors may only charge the case as a second-degree crime if they cannot prove the DUI element of the case.
• Hit-and-run: The driver may be charged with an additional crime if they were involved in an accident and did not stop at the scene, as required by law.

How Are Felony DUI Charges Different Than Other Cases?

The main distinction between a felony DUI charge and other types of DUI cases is the punishment that you may receive if you are convicted.

• A fourth-offense DUI is punishable with a jail sentence between 1 to 5 years. One year is the mandatory minimum sentence, although a judge does have the discretion to suspend all but 90 days of it. In other words, there will be prison time for this conviction.
• For a DUI crash involving a serious injury, there is a jail sentence of 1 to 15 years. A judge has the discretion to suspend a sentence entirely, but that does not always happen under every circumstance.
• A conviction for a first-degree vehicular homicide is punishable by 3 to 15 years in prison. The judge has discretion to suspend part of a sentence for homicide by vehicle unless the defendant is a habitual violator.

In addition to a lengthy potential jail sentence, you will also face the following collateral consequences of a felony DUI conviction:

• A driver’s license suspension of five years for a fourth-offense DUI conviction (there will also likely be a license suspension in DUI cases involving serious death or injury)
• A lasting criminal record that can make it difficult to find employment, especially in jobs that involve driving
• Trouble obtaining professional licenses when your personal history is reviewed
• Dramatically higher auto insurance rates, if you are able to obtain coverage at all, when you are able to resume driving

Defending Against a Felony DUI Charge

When you have been charged with felony DUI, you can attempt to defend against the charges. You may challenge the evidence that is intended to prove that you were intoxicated at the time of the accident. Given the circumstances, you may be facing an uphill climb to defend against these charges, especially since there may be other charges that you are facing in addition to the DUI. Working with your Marietta felony DUI lawyer, you may choose to negotiate with the prosecutor for lesser charges. They may agree to recommend a sentence at the lower end of the range in exchange for a guilty plea.

Contact a Marietta Felony DUI Law Firm

A felony DUI charge in Marietta carries serious consequences, including potential prison time, license revocation, and a permanent criminal record. Waid Law Firm, LLC understands what’s at stake and will fight aggressively to protect your future. With former prosecutorial experience, we know how to challenge the evidence and build a strong defense on your behalf. Contact Waid Law Firm, LLC today for a consultation by messaging us online or by calling us at 470-458-9866.