Georgia DUI Laws: Is a DUI a Felony?

By: Bubba Head, 48-Year Veteran Atlanta DUI Defense Lawyer

After being arrested for driving under the influence in Georgia, many clients ask us, “Is a DUI a felony?”

Generally, no, a DUI isn’t a felony in the State of Georgia.

For 95% of those arrested in Georgia, DUI is a misdemeanor.

However, a driving under the influence charge can be elevated to a felony DUI if certain ‘aggravating factors’ are involved.

In this article, renowned Atlanta DUI lawyer Bubba Head explains when DUI is a felony in GA: including the penalties and potential non-criminal consequences Georgia drivers face if convicted of felony DUI.

Is a DUI a Felony?

Not usually. GA DUI laws generally classify driving under the influence charges as misdemeanors.

But, there are certain offenses that will escalate the DUI charges into felony-level territory.

When Is a DUI a Felony?

Under GA DUI law, there are five ways a misdemeanor DUI can turn into a felony drunk driving charge. Two are based on your prior offense history and two are based on the severity of the DUI incident.

1. Fourth DUI in 10 years. If you get a fourth DUI within a 10-year period, it’s automatically a felony. This 10-year period (also known as a ‘lookback’ period) is calculated based on dates of arrest, not when you were convicted.

So, if you were arrested for DUI in 2015, 2018, again in 2024, and arrested for a fourth DUI in 2025, the fourth DUI is a felony because all four of those arrests happened within a 10-year span.

Penalties for Fourth DUI in 10 years: 1-5 years in prison (with a minimum of 90 days incarceration), $1,000-5,000 fine, 5 years license revocation

2. DUI With Habitual Violator Status (HV DUI): In Georgia, a “Habitual Violator” is someone who is convicted for three or more serious driving offenses within a 5 year period. So, if your 3rd DUI designates you as a “Habitual Violator,” and you’re caught driving again, you’ll be charged with felony DUI.

Penalties for HV DUI: 1-5 years in prison, $1,000-$5,000 fine, and license revocation for 5 years (a lifetime CDL revocation, if you were operating a Commercial Motor Vehicle)

3. DUI With Serious Injury by Vehicle (SIBV): If your DUI causes serious bodily harm (broken bones, brain damage, loss of limb etc.) to another person (pedestrian, passenger, or other driver), you can be charged with a felony, even if it’s your first offense DUI.

Penalties for DUI Serious Injury by Vehicle: prison time of 1-15 years per victim

4. DUI Causing Death- Vehicular Homicide or Vehicular Feticide

If a person (or an unborn fetus) dies as a result of the drunk driving, it’s an automatic felony.

Penalties for these two DUI felony convictions: 3-15 years in prison PER DEATH.

5. DUI With a Child in the Car (Under 14 years old): Georgia law treats each child under 14 in the car as a separate DUI-related offense. So, if you’re pulled over with three kids in the car, you could be charged with felony DUI, as each child counts as its own Child Endangerment charge.

Penalties for DUI with Child in Car: The third offense (one per child), can lead to a felony with 1-3 years in prison, plus fines of $1,000-$5,000

First Offense DUI: Misdemeanor, But Still Serious Under GA DUI Laws

If you were arrested for a first offense DUI in GA, you’re probably wondering, “what penalties am I facing?”

Well, a 1st DUI charge is treated as a misdemeanor, and as such, carries a maximum of 12 months in jail, (If your blood alcohol level is 0.08 or above, a minimum of 24 hours in jail is required), fines ranging from $300-$1,000 (before court surcharges), completion of a 20-hour DUI School (Risk Reduction) and 40 hours of community service.

Those are just the criminal DUI penalties. A first drunk driving arrest also triggers administrative license consequences, which don’t go away even if you’re not convicted of the DUI.

As a result, your license may be suspended for an entire year, if you refused a BAC test.

Important Note: Once you get arrested for a first driving under the influence, the police officer handed you a DDS Form 1205, which acts as (a): your temporary driving permit and (b): notice that the Department of Driver Services (GA DDS) intends to suspend your driver’s license as a result of the DUI.

You have only 30 days to appeal this license suspension at an Administrative License Suspension Hearing or apply, if eligible, for an Ignition Interlock Device to be installed for 120 days, which grants you a Limited Permit.

An experienced Georgia DUI attorney can file this suspension for you, mail it to the GA DDS headquarters in Conyers, and in some cases, appear at your ALS Hearing for you.

Plus, we may be able to represent you at your first court hearing (arraignment.)

Read the full Georgia DUI statute under OCGA 40-6-391 here.

Facing Felony DUI Charges in Georgia? Contact an Experienced DUI Attorney Today

If you were arrested for felony DUI, or any DUI offense, remember that a charge is not a conviction! You could be facing YEARS in prison, if convicted of a felony drunk driving charge. Plus, a conviction for ANY DUI in GA doesn’t ‘age off’ and will stay with you FOR LIFE.

That’s why you need a trusted DUI attorney to help fight for your freedom.

For these reasons, our DUI law firm in Georgia approaches every pending drunk driving case as an opportunity to achieve a DUI dismissal or a reduction of charges to a non-DUI disposition (e.g., DUI reduced to reckless driving).

Call our Atlanta law firm now at 404-567-5515. Either Bubba, ex-Cobb County cop Cory Yager, or AVVO Superstar Larry Kohn will sit down with you and discuss your case in a FREE case evaluation. If you wish to proceed after the evaluation, we offer flexible payment plans.

Our Atlanta DUI attorneys have over 90 years of collective DUI defense experience, plus we wrote the book on GA DUI Laws in 2024.