Most DUI charges in Georgia are misdemeanors, but a fourth or subsequent DUI conviction within 10 years is generally a felony. A DUI-related incident may also lead to separate felony charges involving serious injuries, a death, repeat DUI child endangerment, or driving while a habitual violator revocation is in effect. These charges can carry substantial incarceration, license consequences, and lasting effects on your record.
At The Ozer Law Firm, Savannah criminal defense attorney Jennifer L. Ozer defends people facing serious DUI charges in Chatham County and throughout coastal Georgia. She combines clear, caring communication with aggressive advocacy in court. Call (305) 788-0187 to schedule a free consultation.
When Does a DUI Become a Felony in Georgia?
The following offenses can lead to felony charges involving DUI or related conduct.
Fourth DUI Conviction Within 10 Years
A fourth or subsequent DUI conviction within 10 years is a felony. Penalties can include one to five years in prison, a fine of $1,000 to $5,000, community service, and probation, along with a long-term license revocation and possible vehicle forfeiture.
Serious Injury by Vehicle
A driver whose DUI causes an accident resulting in qualifying bodily harm to another person may face a felony charge of serious injury by vehicle. Qualifying injuries include loss or loss of use of a body part, serious disfigurement, or certain brain injuries. This offense carries 1–15 years of imprisonment.
Vehicular Homicide
If a DUI causes a crash that kills another person, the driver can be charged with first-degree homicide by vehicle. This felony generally carries 3–15 years in prison. A separate provision carries a 5–20-year sentencing range when a person causes a death while driving after being declared a habitual violator and while the license remains revoked.
Third DUI Child Endangerment Conviction
Driving under the influence with a child under 14 in the vehicle is a separate offense of endangering a child. Each child in the vehicle can result in a separate charge. While first and second convictions are generally misdemeanors, a third or subsequent child endangerment conviction can be charged as a felony.
Driving as a Habitual Violator
Driving after receiving notice of a habitual violator revocation can be a separate felony offense when the statutory requirements are met. The applicable charge depends on the revocation period, license status, and other circumstances, not simply whether the driver has previously been declared a habitual violator.
How Prior DUI Convictions Are Counted in the 10-Year Lookback
Georgia counts prior DUI convictions within a 10-year period, measured from the arrest dates of previous offenses that resulted in convictions or accepted pleas of nolo contendere to the date of the current arrest. That means timing matters, and a prior offense just outside the 10-year window may not count toward a felony charge.
Out-of-state DUI convictions may count if the offense is substantially similar to Georgia’s DUI law. Errors in counting priors can make the difference between a felony and a misdemeanor, so your record should be reviewed carefully.
Unsure whether your prior convictions could support a felony charge? Call The Ozer Law Firm at (305) 788-0187 for a free consultation.
Felony DUI Penalties Compared to a Misdemeanor DUI
The table below summarizes statutory sentencing ranges for DUI and certain related felony offenses. Actual sentencing requirements depend on the charge and circumstances.
|
Offense |
Classification |
Jail or Prison |
Fine |
|
Misdemeanor |
10 days to 12 months; the sentence may be suspended, stayed, or probated, except that at least 24 hours must be served if the alcohol concentration was 0.08 or higher |
$300–$1,000 |
|
|
Misdemeanor |
90 days to 12 months, with at least 72 hours of actual incarceration |
$600–$1,000 |
|
|
High and aggravated misdemeanor |
120 days to 12 months, with at least 15 days of actual incarceration |
$1,000–$5,000 |
|
|
Fourth DUI in 10 years |
Felony |
1 to 5 years; the judge may suspend, stay, or probate all but 90 days |
$1,000–$5,000 |
|
Serious injury by vehicle |
Felony |
1 to 15 years |
Varies |
|
First-degree vehicular homicide |
Felony |
3 to 15 years |
Varies |
Felony DUI penalties can also include extended probation, mandatory community service, substance abuse evaluation and treatment, license revocation, and vehicle forfeiture.
Long-Term Consequences of a Felony DUI Conviction
A felony DUI conviction can follow you for years. Beyond prison time and fines, a felony record can make it harder to find work, rent housing, obtain professional licenses, or travel internationally. Felony convictions generally result in the loss of the right to possess firearms under state and federal law.
Long-term license revocation can affect your ability to get to work and care for your family. Non-citizens may also face immigration consequences.
How Felony DUI Cases Move Through Chatham County Superior Court
Felony DUI cases in Savannah are prosecuted in Chatham County Superior Court, part of Georgia’s Eastern Judicial Circuit. While every case is different, the process generally includes:
- Arrest and bond: The court addresses eligibility for release, bond, and any release conditions.
- Preliminary proceedings: Early hearings may address probable cause and bond.
- Indictment: Prosecutors present the case to a grand jury, which decides whether to issue an indictment.
- Arraignment: You’re formally notified of the charges and enter a plea.
- Discovery and motions: Your attorney reviews the evidence and may file motions, such as motions to suppress.
- Negotiation or trial: The case may be resolved through negotiation or proceed to trial.
- Sentencing: If there’s a conviction, the judge imposes a sentence.
Potential Defenses to a Georgia Felony DUI Charge
Defending a felony DUI may involve challenging both the DUI itself and the circumstances that elevated it to a felony. Possible defenses include:
- Unlawful stop or arrest: Challenging whether police had a valid reason to stop or arrest you.
- Testing issues: Questioning the accuracy, handling, or administration of breath, blood, or field sobriety tests.
- Implied consent problems: Examining whether you were properly advised of your rights regarding chemical testing.
- Prior conviction errors: Verifying whether prior offenses fall within the 10-year window or legally qualify.
- Causation: Challenging whether the State can prove the required causal connection between the alleged DUI and the accident, injuries, or death.
- Constitutional violations: Challenging evidence obtained through improper searches or interrogation.
Discuss the evidence and your defense options with The Ozer Law Firm. Call (305) 788-0187 to schedule a free consultation.
Why Choose The Ozer Law Firm for Your Felony DUI Defense
Founded in 2015, The Ozer Law Firm combines compassionate, responsive communication with a determined approach to criminal defense. You receive a straightforward assessment of your case, honest advice about your options, and guidance on steps that may strengthen your position.
That commitment to examining the evidence has produced meaningful results for clients facing DUI charges. In March 2026, The Ozer Law Firm obtained a DUI dismissal after reviewing body camera footage and challenging inconsistencies in a trooper’s report, helping the client keep his commercial driver’s license and job. In another case, The Ozer Law Firm secured dismissal of a DUI charge after showing that the evidence did not support the allegation that the client was a less-safe driver. These results involved DUI charges and illustrate the value of closely examining the evidence.
Contact a Felony DUI Lawyer in Savannah Today
If you’re facing a felony DUI charge, don’t wait to get help. Early action can protect your rights and preserve important evidence. Contact The Ozer Law Firm at (305) 788-0187 to schedule a free consultation.
Georgia Felony DUI FAQs
Is a Third DUI a Felony in Georgia?
A third DUI conviction within 10 years is generally a high and aggravated misdemeanor, not felony DUI. However, the same incident may involve separate felony charges, such as serious injury by vehicle or first-degree homicide by vehicle.
Can a First DUI Be Charged as a Felony in Georgia?
Yes, in certain circumstances. If a first DUI causes a crash that seriously injures or kills someone, the driver can face felony charges for serious injury by vehicle or vehicular homicide.
Do Out-of-State DUI Convictions Count Toward a Georgia Felony DUI?
They can. Out-of-state DUI convictions may count toward the 10-year lookback if the offense is substantially similar to Georgia’s DUI law.
Can a Felony DUI Be Reduced to a Misdemeanor?
In some cases, yes. Depending on the evidence, prior record issues, and negotiations with prosecutors, a felony DUI charge may be reduced or dismissed. Every case is different.
Does a Felony DUI Stay on Your Record in Georgia?
Generally, yes. Georgia’s record restriction options are limited, and DUI convictions usually can’t be restricted. A felony DUI conviction is likely to remain on your record permanently.
Will a Felony DUI Affect My Driver’s License?
Yes. A felony DUI conviction can lead to a long-term license revocation, and repeat offenses may result in being declared a habitual violator.
Can a Felony DUI Conviction Affect My Right to Own a Firearm?
Yes. A felony conviction generally prohibits you from possessing firearms under both Georgia and federal law.
