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T. Rabb Wilkerson, III

When does drunk driving become a felony in Georgia?

On Behalf of | Feb 14, 2026 | Drunk Driving |

Drunk driving or driving under the influence (DUI) offenses are relatively commonplace. Many drivers in Georgia get pulled over for questionable driving or failed chemical tests after collisions. 

Most of those motorists face misdemeanor DUI charges. However, Georgia state prosecutors can bring felony charges in certain circumstances. When is a DUI a serious enough offense to justify felony charges?

When other people get hurt

Many felony DUI charges start with collisions where other people sustain injuries or die. Felony DUI charges are standard in cases where impaired driving has significant consequences for other people. 

When drivers have prior convictions

Many people arrested for DUI offenses may struggle with their alcohol use. Therefore, they may face multiple charges in a relatively short window of time. Anyone facing a fourth or subsequent DUI charge within 10 years of their first offense could face felony charges due to their habitual violations of the law. 

When there are children present

Having passengers in a vehicle can amplify the potential risks of drunk driving. Children often don’t understand the risks and may not be able to identify someone who is under the influence. If there are passengers under the age of 14 in the vehicle at the time of a DUI arrest, the state can pursue felony charges. 

Fighting back against felony DUI charges requires a careful review of the situation and any prior offenses. Descendants facing felony DUI allegations may need assistance as they prepare for criminal court, but each situation may offer a variety of options for responding to the charges.

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