Georgia DUI Felony vs. Misdemeanor

Across the country, DUI laws and penalties vary from state to state. However, all states have a “per se” law that makes it illegal for any person to operate a motor vehicle with a blood alcohol content of .08% or greater. Another similarity between states is that DUIs are typically considered misdemeanors, not felonies. For a DUI to be considered a felony there are usually extenuating circumstances and severe factors associated with the case.

A felony will result in more severe penalties than a misdemeanor. The other difference between the two is that a person convicted of a felony will serve their jail sentence at a state prison rather than a county jail. A felony also looks much worse on a job application, and many companies will not hire a person convicted of a felony.

As mentioned earlier, severe factors come into play in felony cases. For instance, if you were involved in a DUI accident that resulted in the serious injury or even the death of a person(s), you could be convicted of a felony. Many states refer to the death of a person as vehicular homicide or reckless homicide. Needless to say, these are charges you do not want appearing on your criminal record.

If you have been convicted of DUI multiple times, states like New York, Wyoming, Texas and Georgia will classify you as a felon. New York has some of the toughest DUI laws, charging a second-offense DUI driver as a felon.

Other circumstances that may result in a felony classification are any aggravated charges associated with your case. An example of this might be that you were speeding over the posted limited by double, or were driving recklessly in other manners. Also, if your blood alcohol content was well over the legal limit (often in the range .15%), you could be classified as a felon. Having a minor in your vehicle may also result in aggravated charges that could lead to the classification of a felony.

For more information regarding whether or not you could be charged with a felony, contact your local DUI defense attorney.