Question: I got my second DUI a week ago. My first DUI was about 2 years ago. Will I be charged with a felony?
Answer: A lot of people are concerned about multiple DUI's triggering a felony charge in Georgia. A second DUI in Georgia is not, in and of itself, charged as a felony. It could be charged as a felony if, for instance, someone was grievously injured because of your actions. In other words, if you caused a car accident and a person was severely injured, then it could be upgraded to a felony. However, a second DUI in Georgia is not a felony. A fourth DUI within 10 years in Georgia is a felony, however. But you were not charged with a fourth DUI; it is, apparently, your second DUI charge.
Felonies are crimes that are considered worse than misdemeanors. Felonies are more "serious" than misdemeanors are therefore have more substantial punishments associated with them. Jail time can be much higher and fines can be much larger. Indeed, some felonies in Georgia can carry the death sentence. Felonies in Georgia include rape, murder, arson, armed robbery, certain assaults, kidnapping, bribery, extortion, dealing drugs like marijuana, meth, cocaine & ecstasy. In some instances not paying child support can be a felony.
The punishments for a second Georgia DUI are greater than with a first DUI charge and generally include a greater fine, more community service and additional jail time, among other things.
Call The Sherman Law Group us directly at 678-215-4106 to discuss the specifics of your case.