Question: I was out my friend who lives in Forsyth County. I live in Sandy Springs and we both work for a company in Dunwoody. We did a lot of stuff all in fun. We went to Bowlmor Lanes, we went to Tokyo Bay Japanese Buffet, the Havana Club and Davio's Northern Italian Steakhouse. We definitely had a few too many drinks but I really wasn't that drunk. My friend's car needs some engine work so I drove everywhere.
When it came time to take him home he convinced me to stop at Norman's Landing for a couple of shots. After that I was driving him home to Cumming when a car suddenly stopped in front of me and I hit it. It was a pretty bad accident but I and my friend were fine. The driver of the other car was injured.
I got arrested for DUI by the Forsyth County Deputy Sheriff. He said I blew a .231. Later that night at the Forsyth County jail a deputy said that if the person was really injured then I could be charged with a felony. The deputy sheriff called the hospital and was told the person was going into surgery but she would survive no problem.
Now I'm worried that I could be charged with a felony and not a misdemeanor because this is just my first DUI. Can I really be charged with a felony for my first DUI? That does not sound fair to me.
Answer: Under Georgia law you can be charged with a felony DUI is there is serious injury involved. Based upon your high test result for the Breathalyzer test and what appears to be a serious injury (the victim needed surgery), you may very well be charged with a felony. A felony, of course, is more serious than a misdemeanor and the punishments are greater.
A Forsyth County prosecutor will have to assess the case and make a determination if the injury is serious enough for the case to be charged as a felony. If it is not charged as a felony, it will be heard in Forsyth County State Court. If it is charged as a felony, then it will be heard in Forsyth County Superior Court.
If you are arrested in Forsyth County for DUI, then you need to speak with a Forsyth County DUI lawyer at the highly-ranked Sherman Law Group. Our experience is vital to helping our clients. We've been a Magistrate Judge, an Assistant Attorney General and as an Assistant County Attorney. To speak to a DUI lawyer at the Sherman Law Group any time, day or night, call us at 678-215-4106.