Georgia Felony DUI
If you have been pulled over and charged with a felony DUI (driving under the influence), you may think that it is just a matter of time before you lose your license, go to jail, or have to pay a hefty fine. However, this is not necessarily the case. With the help of an experienced DUI attorney, you may be able to clear your name and escape punishment.
Contact the experienced DUI lawyers at Yeargan & Kert, LLC for a free initial consultation today to learn more.
How Yeargan & Kert, LLC Can Help with Your Felony DUI Case in Atlanta
When you need a knowledgeable attorney to represent you throughout your felony DUI case, look no further than the team here at Yeargan & Kert, LLC. We have been helping Atlanta residents fight back against their drunk driving charges for years – and we would love to do the same for you.
A brief list of some of the ways our lawyers can help you with your case would include:
Filing For an Administrative License Suspension Hearing
When you are charged with a DUI in the state of Georgia, you will be given 30 days to file for an administrative license suspension hearing. If you do not request your hearing before this deadline, your driver’s license will automatically be suspended.
Over the years, our lawyers have filed many administrative license suspension hearing requests. We know the process like the back of our hand. When you hire us to help you with your case, we will make sure that your request is submitted on time, and your license is not automatically suspended.
Devising an Effective Defense Strategy
The best way to beat a felony DUI charge is with an effective defense strategy. In some cases, it may be best to argue that the alcohol or drug testing machine was not accurately calibrated. In others, it may make more sense to claim that the arresting officer did not have reasonable suspicion to make the stop.
Since our founding, the attorneys at Yeargan & Kert, LLC have worked on thousands of DUI cases. As a result, we understand how to analyze a case and figure out how best to defend it. When you retain our services, we will work diligently to put together the best possible defense strategy for you.
Negotiating with the Prosecuting Attorney
The penalties for a DUI conviction in Georgia are not set in stone. Even if the prosecution has a plethora of evidence against you, it may still be possible to negotiate a more lenient sentence in exchange for a guilty plea.
Our lawyers understand how to negotiate with the prosecution. We have been doing just that for years. When you enlist our help on your DUI case, we will do everything in our power to negotiate a fair and equitable deal on your behalf.
To learn more about how the DUI lawyers at Yeargan & Kert, LLC in Atlanta can help you fight back against your felony charges, all you need to do is give us a call and set up an interview. When we meet with you, we will review your case and provide you with a detailed breakdown of how we can help.
Understanding Georgia’s DUI Laws
In the state of Georgia, there are two main ways that you can be charged with driving under the influence. They are:
- DUI: Being pulled over while driving on a public road or highway and having an officer determine that you are under the influence of drugs or alcohol.
- DUI “Per Se”: Being pulled over while driving on a public road or highway and taking a chemical test that shows a Blood Alcohol Content (BAC) of 0.08% or higher.
When determining punishments, the state almost always treats standard DUIs as misdemeanor offenses.
How Does a Standard DUI Become a Felony in the State of Georgia?
Being arrested for DUI in Georgia doesn’t always result in misdemeanor charges. Under certain circumstances, a DUI offense can be treated as a felony. A small sampling of these circumstances would include:
Being a Repeat Offender
Section 40-6-391 of the Official Code of Georgia Annotated states that an individual’s fourth DUI offense in a 10-year period can be prosecuted as a felony. The same is also true of all subsequent DUI charges levied within this time period.
Being a High-Risk Operator
Drivers who are classified as high-risk operators under Georgia law can face a felony conviction if found guilty of driving under the influence. For instance, section 40-6-391.3 of the Official Code of Georgia Annotated states that school bus drivers who are found to be operating a vehicle while under the influence of drugs or alcohol may be sentenced to between one and five years in prison. This law is applicable even if there are no children on the bus when the arrest occurs.
Causing Serious Injury By Vehicle
Section 40-6-394 of the Official Code of Georgia Annotated explains that anyone who drives under the influence and causes a serious injury to another person may be charged with a felony. This offense is classified as a felony even if the driver has never been in trouble with the law before.
Causing Wrongful Death
Section 40-6-393 of the Official Code of Georgia Annotated states that an individual who drives under the influence and causes an accident that results in the death of another person may be charged with a felony. Neither malice aforethought nor a prior criminal record is necessary to prosecute this crime as a felony.
No matter how your felony DUI charge came about, the attorneys at Yeargan & Kert, LLC in Atlanta, Georgia are always available to help you fight back against it. Give us a call or contact us online to set up a free consultation with one of our knowledgeable felony DUI defense attorneys.
Consequences of a Felony DUI Conviction in Georgia
The state of Georgia treats felony DUI convictions extremely seriously. As such, the penalties doled out for crimes of this nature can be quite severe. Some of the most common legal punishments for DUI convictions include:
- Jail time
- Community service
- Substance abuse treatment
- Court-ordered DUI risk reduction classes, and
- Driver’s license suspension.
The penalties will ultimately depend on the severity of the offense and your history of DUI convictions.
Collateral Consequences of a Felony DUI Conviction in Georgia
Of course, drivers who are convicted of a felony DUI don’t just have to worry about the legal ramifications. They must also be concerned about some of the collateral consequences of a criminal conviction, such as:
- Difficulty renting an apartment
- Job loss and/or difficulty finding a new job
- Increased car insurance premiums
- Loss of child custody
- Loss of college scholarships
- Loss of professional licenses, and
- Immigration issues.
The experienced DUI lawyers at Yeargan & Kert, LLC in Atlanta, GA have been helping our clients clear their names and avoid the negative consequences of a criminal conviction for more than 50 years. We may be able to do the same for you. Reach out to us today to set up an initial consultation and have a member of our team review the details of your case.
Getting a Driver’s License Reinstated After a Felony DUI Conviction in Georgia
If you have already been convicted of a felony DUI and had your license suspended as a result, you may be wondering what you have to do to get it reinstated. Fortunately, the process is usually pretty straightforward. All you need to do is follow these steps:
Wait Out Your Suspension Period
When the court originally suspended your driver’s license, you were provided with a reinstatement date. In most cases, you will need to wait until this date arrives to get your license back. If you make an application for reinstatement before this date, it will almost certainly be rejected.
Complete Any Court-Ordered DUI Classes
Before you can get your driver’s license reinstated, you will need to complete any re-education classes that were assigned to you by the court. Courses at schools that are approved by the Georgia Department of Driver Services generally run for about 20 hours. They can be completed while you wait for your reinstatement date to arrive.
Pay the Applicable Reinstatement Fee
Once you have waited out your suspension period and taken all of your court-ordered classes, you will just need to pay the applicable reinstatement fee before you can get your driver’s license back. The specific fee that you will be asked to pay will depend on the seriousness of your original crime and your previous record. Generally speaking, however, you should expect to pay at least $200 to get your license back.
Should you run into any difficulties while trying to regain your driver’s license, please do not hesitate to reach out to Yeargan & Kert, LLC. We will be more than happy to help you get back on the road after your felony DUI conviction.
Let Our Georgia Felony DUI Defense Lawyers Help You
The attorneys at Yeargan & Kert, LLC take great pride in our ability to help the people of Atlanta fight back against their felony DUI charges. Over the years, we have had countless cases dismissed and charges reduced on behalf of our valued clients. To have us defend you against your felony DUI charge, all you need to do is give us a call and set up an initial consultation.