Is a DUI a felony or a misdemeanor in Georgia? Georgia law clearly draws the line between a misdemeanor DUI and a felony DUI. The legal Blood Alcohol Content (BAC) in Georgia is 0.08%, and how quickly you reach that level depends on more than your choice of intoxicant, weight and rate of consumption. If you are arrested for suspicion of DUI anywhere in the Peach State, you likely will have a misdemeanor charge filed against you at the time of your arrest. Even refusing testing can still earn you a misdemeanor DUI charge. A DUI misdemeanor in Georgia means that you will face severe penalties, like a fine that could cost you between $300 to $1,000, and you may even serve twelve months in jail. You will have to devote at least 40 hours of your time to community service, and you can expect that your driver’s license will be suspended. During this time, you will also be on probation and have to subject yourself to mandatory drug and alcohol testing and counseling. Commit aggravated DUI and you will have earned yourself felony charges. If you have injured someone or caused a wrongful death while intoxicated, you could face not only civil charges, but also a charge of manslaughter. Even endangering your life or someone else’s will get you charged with felony DUI at the time of your arrest. It also includes having three prior DUI convictions, transporting minors while under the influence of an intoxicant, or causing serious damage to property or other persons. The consequences of a felony DUI are far more severe than those of a misdemeanor DUI. While you will still face fines, community service, probation and jail time, the felony DUI arrest and conviction requires that your jail time take place in a state prison rather than a local one. If you think you may be able to get your charges reduced to a lesser offense, it is possible, but unlikely if you have felony criminal charges filed against you. However, there are times that a criminal defense attorney can help you reach a deal regardless of the charge. You should consider all options to have your DUI reduced, including having your attorney plead for a deal. It could be the difference between a felony and a misdemeanor charge, which could drastically affect your future. If you need a lawyer to help with your DUI arrest, attorney Erin Gerstenzang is an effective and skilled DUI attorney who can fight for you and help you throughout the process.
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