Felony DUI Attorney in Alpharetta

24/7 DUI Felony Defense in Fulton County, Forsyth County, and Beyond

Being accused of a felony DUI is a serious matter that requires a robust and strategic defense. At Miles Hansford Law Firm, we understand the immense stress and uncertainty that accompanies a felony DUI charge. Our team of seasoned criminal defense attorneys is here to help your navigate these treacherous legal waters. Our DUI defense team is ready to work with you, one on one, through each step of the process ahead.

Facing a felony DUI charge? Contact us today at (770) 574-6688 for a free consultation and start building your defense!

When Does a DUI become a Felony in Georgia?

While a driving under the influence (DUI) charge is typically categorized as a misdemeanor in Georgia, specific circumstances can escalate the charge to a felony DUI. This escalation brings with it significantly more severe penalties, potentially impacting your freedom, your finances, and your future.

You may face a felony DUI charge under the following conditions:

• Fourth or Subsequent DUI Conviction: If this is your fourth or subsequent DUI conviction within a ten-year period, the state of Georgia elevates the charge to a felony. The law takes repeat offenses seriously, aiming to discourage habitual violations and protect public safety.
• Evading Law Enforcement: If you attempt to evade an officer while under the influence, you're not only facing a DUI charge but also the possibility of a felony offense. Fleeing or attempting to elude law enforcement is viewed as a significant escalation in terms of legal consequences.
• Causing Serious Injury or Death: If your DUI incident leads to serious injury or death to someone else, including an unborn fetus, the charge becomes a felony. These cases are particularly grave and demand immediate legal attention.

The Consequences of a Felony DUI

A felony DUI carries severe consequences. Among them is a potential prison sentence of at least one year, with the potential for a 5-year prison sentence. There would also be fines of up to $5,000, weeks of community service, up to 10 years of driver license suspension, and more. The ripple effects of being branded a convicted felon can also reach beyond the immediate legal penalties, potentially affecting your personal and professional life for years to come.

Potential Defenses Against Felony DUI Charges

If you're facing a felony DUI charge, there are several defenses that your attorney may use to challenge the case against you. Some common legal defenses include:

• Challenging the legality of the traffic stop: If the police officer did not have reasonable suspicion to stop you, the evidence gathered during the stop may be inadmissible. Your attorney can argue that the stop was unlawful.
• Questioning the accuracy of breathalyzer tests: Breathalyzer tests are not always reliable. Factors like faulty equipment, improper calibration, or the officer's failure to follow the correct procedure can be used to challenge the results.
• Proving the driver was not under the influence: It’s important to prove that you weren’t impaired at the time of the arrest. Your defense attorney may present evidence such as witness testimony or medical records to support that you were sober.

Impact of a Felony DUI Conviction on Your Record

A felony DUI conviction can have long-lasting effects on your life. Here are some of the potential consequences:

• Employment: Many employers conduct background checks, and a felony conviction may disqualify you from certain job opportunities or promotions.
• Housing: A felony record may make it more difficult to secure rental housing, as many landlords perform background checks.
• Travel: A felony conviction can affect your ability to travel internationally, as some countries may deny entry to individuals with a criminal record.
• Criminal Record Checks: Future background checks for loans, job applications, or professional licenses can reflect the conviction, impacting your personal and professional future.

Expungement or Record Sealing in Georgia

• In Georgia, felony convictions are generally not eligible for expungement, but there may be exceptions. It’s possible to apply for a record sealing under certain circumstances, which limits access to your criminal history. However, this process has specific criteria and may not be available for all felony DUI cases. Consult with an attorney to determine if this is an option for you.

DUI Penalties in Georgia

Felony DUI charges carry serious penalties in Georgia. Here's a breakdown of the typical consequences:

• Prison sentence: Felony DUI can lead to a minimum prison sentence of 1 year, and in some cases, up to 5 years, depending on the circumstances.
• Fines: A felony DUI conviction may result in fines of up to $5,000, in addition to other court fees.
• Community service: Courts often impose community service requirements, with some sentences requiring hundreds of hours of service.
• Driver’s license suspension: A felony DUI conviction can lead to up to 10 years of driver’s license suspension.
• DUI education programs: You may be required to attend mandatory DUI education programs to learn about the dangers of impaired driving.

Enhanced Penalties for Repeat Offenders

If this is not your first DUI conviction, you may face harsher penalties. For repeat offenders, Georgia law imposes more severe consequences, such as:

• Longer license suspension: Repeat DUI offenders may face even longer license suspensions, sometimes up to 5 years or more.
• Increased fines: Fines can escalate significantly with each subsequent DUI conviction.
• Longer prison sentences: Those with multiple DUI convictions may be sentenced to additional years in prison.
• Mandatory rehabilitation: Repeat offenders may also be required to participate in extended rehab programs, which can add to the burden of their sentence.

In summary, a felony DUI conviction carries severe penalties in Georgia, and having an experienced DUI attorney is critical for navigating the legal system and potentially reducing your sentence.

Frequently Asked Questions (FAQ)

^{Can I get my felony DUI charge reduced to a misdemeanor?}

• In some cases, it is possible for a felony DUI charge to be reduced to a misdemeanor, depending on factors such as prior offenses, the circumstances of your case, and the skill of your defense attorney. Your attorney may negotiate with the prosecution to seek a reduction, but this is not guaranteed.

What should I do immediately after being arrested for felony DUI?

• It is crucial to remain calm and avoid making any statements to the police that could be used against you. You have the right to remain silent, and it is strongly recommended to invoke that right and consult with an attorney as soon as possible.

Can I refuse a breathalyzer test in Georgia?

• Refusing a breathalyzer test in Georgia can lead to an automatic driver's license suspension under Georgia's implied consent law. However, there may still be ways to challenge the DUI charge in court, depending on the specific circumstances.

What is the "look-back" period for DUI offenses in Georgia?

• Georgia has a 10-year "look-back" period for DUI offenses. This means that any previous DUI convictions within the last 10 years can be counted against you if you are arrested for a DUI again. A fourth DUI offense within this period can elevate the charge to a felony.

Can I still drive if my license is suspended due to a felony DUI?

• Once your license is suspended, you cannot legally drive. However, you may be able to apply for a limited driving permit (also known as a hardship license) to drive to work, school, or medical appointments, depending on your circumstances and the court's decision.

How long does a felony DUI conviction stay on my record in Georgia?

• A felony DUI conviction will remain on your criminal record for life in Georgia. Unlike some other states, Georgia does not allow for automatic expungement of felony convictions, though you may be able to seek record sealing under specific circumstances.

What is the difference between a felony DUI, a misdemeanor DUI, and an underage DUI?

• A felony DUI charge is typically the result of repeat offenses, evading police, or causing serious injury or death while driving under the influence. Misdemeanor charges are usually for first-time offenders or cases that do not involve aggravating circumstances. Underage DUI refers to individuals under the legal drinking age (21) who are caught driving with a blood alcohol concentration (BAC) of 0.02% or higher. Felony DUIs carry much harsher penalties, including longer jail sentences and larger fines, while misdemeanor and underage DUIs generally carry less severe consequences, though they still have significant legal and personal repercussions.

How Our Felony DUI Attorneys Can Help

The team at Miles Hansford Law Firm is dedicated to providing a robust and comprehensive defense for those facing felony DUI charges. Our knowledgeable attorneys have years of experience in Georgia's legal system, and we will work tirelessly to protect your rights and work towards the best possible outcome for your case. We are committed to standing by your side throughout this challenging time and providing the legal support you need.

Don't face your felony DUI case alone. Contact us now at (770) 574-6688 for experienced legal help and protection of your rights!