Georgia Felony Offender DUI Information
Driving under the influence of alcohol or other intoxicants is a crime in every state. Georgia state laws differentiate between DUI offenses based on the number of times a person has been convicted of them. While a first-time offender will generally no be charged with a felony, multiple offenses can bring felony charges in DUI cases.
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Multiple DUIs
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Georgia law generally punishes DUIs as misdemeanors unless the driver is convicted of a fourth DUI within 10 years. The fourth DUI conviction is charged as a felony, bringing with it potential penalties of fines between $1,000 and $5,000; imprisonment between one and five years; at least 60 days of community service; and completion of a drug and alcohol education course.
Controlled Substances
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Georgia also considers driving under the influence of a controlled substance a crime, and anyone who is convicted of driving while high can face a felony charge. Anyone found under the influence of such substances (cocaine or marijuana, for example) can be charged with a felony.
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Convictions
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Georgia allows DUI convictions both in cases where the driver exhibits erratic or unsafe behavior, and under the "per se" requirements. Unlike unsafe driving requirements, "per se" convictions require the defendant have a blood-alcohol content of 0.08 percent or more. A defendant can be convicted if his BAC is above the 0.08 level, but even if it is lower, he can also be convicted of DUI if the state can prove any BAC above zero and unsafe driving behavior. Georgia also has an implied consent law, meaning drivers give their consent to BAC testing simply by operating a vehicle in the state.
Special Classes
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Georgia also recognizes special classes of drivers for DUI cases: drivers under age 21 and commercial drivers. If a teen (or person under 21) is found to have a BAC of 0.02 or higher, she can be charged with DUI. Commercial drivers can be charged if their BAC is 0.04 or higher.
License Suspensions
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In addition to criminal penalties, drivers convicted of felony DUI will have their licenses revoked for five years. Commercial drivers can also have their commercial driver's license suspended.
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References
- Photo Credit to drunk to drive image by Marjan Veljanoski from Fotolia.com
