Ellijay Felony DUI Lawyer

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Ellijay Felony DUI Attorney

There are four primary types of DUI-related charges (driving under the influence) that can result in a felony conviction on your record in Georgia: (1) a fourth conviction of DUI within five years, (2) DUI with vehicular homicide, (3) DUI with serious bodily injury, & (4) DUI that endangers a child.

1. 4th DUI in 5 years: A conviction for a 4th DUI within 5 years (measured by dates of arrest – not conviction) will result in a felony conviction, a fine between $1,000 and $5,000, imprisonment of 1-5 years, and further license suspension.

2. DUI with Vehicular Homicide: Vehicular Homicide is a homicide resulting from the commission of a serious traffic offense. This charge does not require that the driver who caused the accident intended to violate the law or intended to cause the harm. Vehicular homicide may be charged as either a misdemeanor or felony crime.

Vehicular Homicide in the First Degree is when a driver causes the death of another during the commission of one of five serious traffic offenses outlined below:

1. overtaking and passing a school bus (O.C.G.A. § 40-6-163);

2. reckless driving (O.C.G.A. § 40-6-390);

3. driving under the influence of alcohol or drugs (O.C.G.A. § 40-6-391);

4. fleeing or attempting to elude a police officer (O.C.G.A. § 40-6-395), or

5. hit and run. (O.C.G.A. § 40-6-270).

A conviction of 1st Degree vehicular homicide is a felony and will result in a sentence of 3-15 years in prison.

2nd Degree or Misdemeanor Vehicular homicide is supported by any other less serious traffic violation that causes the death of another and is punishable by up to 1 year in jail and a $1000.00 fine.

3. DUI with Serious Bodily Injury (Serious Injury by Vehicle): A DUI with Serious Bodily Injury occurs when a driver who is under the influence of drugs or alcohol causes an accident that results in serious bodily injury to another person. This offense is punishable by 1-15 years in prison.

4. DUI that endangers a child: When an individual is charged with a DUI that causes the endangerment of a child, the child endangerment charge is tried as a separate offense from the underlying DUI. O.C.G.A. § 40-6-391(l). If the influence of drugs or alcohol causes the driver to put a child in danger, such as driving recklessly with a child in the backseat or neglecting to properly buckle up the child, then the driver could face a charge of child endangerment in addition to the DUI.

For the first and second offenses, this charge is a misdemeanor punished by a fine of $1,000 or less or imprisonment for less than 12 months, or both. Upon the third offense, this charge is a felony punishable with a fine of $1,000 to $5,000 or imprisonment of 1-3 years, or both.

The  DUI Attorneys at Teague Law are familiar with the unique challenges and aspects of Felony  DUI charges and are ready to guide you through the process of defending yourself against these charges. Contact one of the experienced DUI Attorneys at Teague Law in Ellijay, GA today and let us begin fighting for you today.


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