Drivers in Georgia accused of drunk driving may expect to face misdemeanor charges. Many DUI offenses are misdemeanor crimes. While the defendant is at risk of incarceration, fines, a driver’s license suspension and a criminal record, the penalties aren’t as severe as they might be in a felony case.
There are a handful of scenarios in which state prosecutors could pursue felony charges against DUI defendants. Not only do they face more serious penalties, but the record of a prior felony conviction can limit their opportunities more than a misdemeanor conviction might.
What circumstances might worsen the charges the state pursues?
Repeat offenses
If the state determines that an individual is a habitual offender, they may face felony DUI charges. Similarly, multiple prior offenses can be adequate justification for more serious charges and harsher penalties. Typically, a fourth or subsequent DUI in Georgia is a felony offense. People with multiple prior convictions are at risk of felony charges and enhanced penalties.
Aggravating factors
There are a few aggravating factors that could lead to felony DUI charges. A DUI that occurs while operating a school bus might lead to felony charges. In fact, any DUI scenario in which the state can assert child endangerment could trigger felony prosecution. Any time that DUI charges stem from a crash, there could be a risk of felony prosecution. If another person sustained significant injuries or died in a crash caused by an allegedly intoxicated motorist, they may face felony charges.
Any DUI charge is worth fighting against, but especially felony allegations. Motorists accused of intoxication on the road may need help developing an effective defense strategy before they go to trial, and that is okay.