Georgia has a 10-year “look back” period during which if you have received any other DUI convictions, you would be considered a second (or subsequent) offender. There is no expungement law in Georgia, so a DUI conviction will stay on your record indefinitely, even if the offense occurred decades earlier.
Causes for a felony DUI in Georgia
A fourth or additional DUI would be charged as a felony, with a one-year minimum jail sentence and the possibility of up to five years. Here are some other circumstances that could elevate a DUI to a felony:
- If a person is killed in a collision (this would be considered vehicular manslaughter)
- If a drunk driving collision led to severe injury or the death of another person
- If the driver has a restricted, revoked or suspended license
- If children are in the vehicle while the driver is intoxicated
Understanding the consequences
A DUI charge, let alone a felony DUI charge, can result in loss of driving privileges, loss of civil privileges, serious jail time, and possible repercussions for child custody and visitation rights. If you have a felony DUI charge, you need to consider your legal options. An experienced criminal defense attorney can work to build the best defense possible.