Is a DUI a Felony in Georgia? DUI Lawyer in Atlanta Answers

By: William C. “Bubba” Head, Board-Certified DUI Attorney and 48-Year Criminal Defense Lawyer Atlanta

Thousands of people search the internet every day with questions like, “Is a DUI a felony in Georgia?”, “Is DUI considered a felony?”, or “What is a felony DUI?”

The answer: it depends on the circumstances of the arrest. In Georgia, a first, second, or third DUI is typically charged as a misdemeanor.

But in specific situations, such as when someone is seriously injured, killed, even a first offense DUI may be part of a felony-level case.

In this article, Top Atlanta DUI attorney Bubba Head explains five scenarios that define what constitutes a felony DUI in Georgia, along with the potential penalties and long-term consequences of a felony DUI conviction.

When Does DUI Become a Felony?

In Georgia, DUI is typically a misdemeanor. But in some cases, the felony classification results from prior convictions, also known as predicate offenses. For example, a fourth DUI offense within 10 years, based on arrest dates, is automatically charged as a felony DUI under state law.

In other cases, the felony status arises from the circumstances of the DUI incident, such as causing serious injury, vehicular homicide GA, or endangering children or unborn fetuses.

Fourth DUI in 10 Years

Under O.C.G.A. § 40-6-391(c)(4), a fourth DUI arrest within a 10-year period is automatically classified as a felony DUI offense in Georgia.

This 10-year ‘lookback’ period is measured by dates of arrest, not conviction. For example, let’s say your first DUI occurred on April 1, 2015, followed by a second DUI in 2017 and a third DUI in 2021. If you’re arrested again in April 2025, that would be considered a fourth DUI within 10 years, and it will be charged as a felony.

Penalties for Fourth DUI in 10 Years. A conviction for a fourth DUI in 10 years carries a sentence of one to five years in prison, a fine of $1,000 to $5,000, five years of driver’s license revocation, and mandatory substance abuse treatment. Plus, 60 days of community service.

DUI Causing Serious Injury by Vehicle

In Georgia, if a person is injured in a DUI-related accident, the driver may be charged with Serious Injury by Vehicle (SIBV).

So, what is a ‘serious injury’? Georgia law defines a serious injury as any injury that “deprives someone of the member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.”

This means that injury to a limb (e.g., a broken leg) may qualify as serious injury under Georgia law. More broadly, the statute also includes injuries that cause permanent disfigurement (like scarring), loss of use of a body part (such as nerve damage that limits movement), or brain injuries that impair cognitive function.

So, when a DUI accident results in any of these types of injuries, it becomes a felony DUI in Georgia.

Penalties for Serious Injury by Vehicle. A person convicted of SIBV faces 1-15 years in prison, per injured person. Plus, this conviction triggers mandatory license revocation.

DUI Resulting in Vehicular Homicide

In Georgia, if you got in a DUI-related accident that resulted in the death of another person, you may be charged with the crime of First Degree Vehicular Homicide.

Penalties for First Degree Vehicular Homicide. If convicted on Vehicular Homicide charges, you face 3-15 years in state prison plus automatic 3-year license revocation, with no limited permit eligibility. If you commit VH while designated as a “Habitual Violator,” you face 5-20 years in prison.

Georgia law also allows prosecutors to pursue feticide charges in DUI crashes where a pregnant woman loses her unborn child. If the death results from the impaired driver’s actions, the charge may be added alongside vehicular homicide.

While DUI with a fatality is usually charged as first-degree vehicular homicide, not every case results in a felony conviction. If the driver’s blood alcohol content is borderline, or if the cause of the crash was a simple traffic mistake, a skilled DUI attorney may be able to reduce the charge to second-degree vehicular homicide, which is a misdemeanor.

DUI Child Endangerment

Under Georgia law, DUI child endangerment (sometimes called DUI with child in car) means that you’ve operated a motor vehicle while impaired with a minor (in this context, a child under 14 years old) in the vehicle.

While the DUI itself is typically charged as a misdemeanor, Georgia law treats each child passenger as a separate child endangerment offense. So, if there are three children in the car, that means three separate felony-level charges, in addition to the DUI.

However, in certain cases, a single child passenger may be enough to justify felony prosecution, such as when a school bus driver is arrested for DUI. This is because the State of Georgia expects bus drivers to act with a “heightened duty of care.’

Penalties for DUI with Child in the Car. If you have three or more children in the car when arrested for DUI, you face one to three years in prison. Plus, a fine from $1,000 to $5,000.

DUI While Classified as a Habitual Violator

A person becomes a habitual violator when they accumulate three or more “major” driving convictions (such as ‘hit and run,’ reckless driving, or DUI) within a five-year period.

Importantly, these convictions don’t all have to be for DUI. The law allows for any combination of major offenses. You can also be labeled as “HV” in one single arrest, if that arrest involves multiple charges.

For example, someone convicted of reckless driving, DUI, and fleeing the scene could still be labeled a habitual violator.

If someone who has been declared an HV is caught driving again, even without a new DUI conviction, that’s a felony. But if they are arrested for DUI while under HV status, the felony charge is far more serious and can lead to a lengthy prison sentence.

Penalties for DUI as a Habitual Violator. If you are convicted of DUI while classified as a Habitual Violator, you face a felony charge punishable by 1 to 5 years in prison. The GA DDS will also formally revoke your license.

If the DUI causes a fatality, you could be charged with First Degree Vehicular Homicide, which carries a sentence of 5 to 20 years in prison.

Charged with a Felony DUI in Georgia?

Whether you’re facing a fourth DUI offense, vehicular homicide, serious injury by motor vehicle charges, or have been labeled a habitual violator, your future is on the line. Felony DUI charges in Georgia carry severe consequences, including long prison terms, license revocation, and a permanent criminal record.

Given the life-altering consequences of felony DUI charges, you need a drunk driving attorney who understands GA DUI laws inside and out.

William C. “Bubba” Head is not only a Board-Certified DUI Specialist (only one of four in the State of Georgia), but also a nationally-recognized legal author and criminal defense trial attorney with over 48 years of DUI litigation experience.

He has co-authored (along with our two law firm partners) leading texts on drunk driving defense, including the book Georgia DUI attorneys turn to when preparing for trial, The Georgia DUI Trial Practice Manual.

Call our Atlanta drunk driving lawyers now at 404-567-5515 for a free felony DUI case evaluation.

Additional Resources

• GA DDS -Protecting against Driver’s License Suspension under Implied Consent
• Constitutionality of DUI Checkpoints in Georgia
• BAC Chart for Alcohol Level by Weight and Number of Drinks
• Field Sobriety Test Myths and Misconceptions
• What Does DUI Mean?
• How to Beat a DUI in Court
• Checkpoints Near Me – Are Roadblocks Constitutional?
• Atlanta Arrest? Find the Best Traffic Attorney Near Me