Every situation resulting in driving under the influence (DUI) charges is slightly different. Many times, people accused of a DUI offense in Georgia face misdemeanor charges. However, there are certain circumstances in which state prosecutors can pursue felony DUI charges against a driver.
A felony conviction typically carries more serious criminal penalties. The criminal record that results can also have more of an impact on an individual’s future opportunities. While many employers happily work with applicants who have non-violent misdemeanor offenses on their records, screening out everyone with a felony conviction is common.
Those accused of a DUI need to understand the allegations against them to make an appropriate decision about how to respond to their charges. What situations might potentially justify a felony DUI charge?
1. Causing injury or death
If a DUI offense has a direct impact on other people, that may inspire more serious charges and more significant penalties after a conviction. State prosecutors can bring felony charges against drivers who allegedly cause serious bodily injury to others in a drunk driving crash scenario. Causing the death of another person or even the death of an unborn fetus could also result in the state pursuing felony DUI charges against a driver.
2. Having multiple prior convictions
Both the penalties and charges the state can impose increase with every DUI offense. Given the connection between chemical dependence and DUI charges, many people face the same charges multiple times. Once a driver faces a fourth or subsequent DUI charge within 10 years, they are likely vulnerable to felony prosecution.
3. Driving a school bus while under the influence
School bus drivers are responsible for transporting innocent children who do not typically have safety restraints keeping them in their seats. The potential exists for severe injury or worse if a bus driver cannot safely operate the vehicle.
Anyone operating a commercial vehicle is also subject to a lower limit for their blood alcohol levels. School bus drivers may also be at risk of a felony charge if they get arrested for a DUI while on the job.
Learning more about what circumstances may result in felony DUI charges can help people choose how to respond. Motorists facing felony DUI charges may have more to lose if they plead guilty or get convicted. Those facing a second or third DUI may want to fight back to limit the right of felony DUI charges later.