Brunswick DUI with Injury Attorney
A DUI That Caused Someone Harm Is a Felony. Get Experienced Legal Help Now.
When a DUI arrest involves an injured person, the legal stakes increase dramatically. What might otherwise be a misdemeanor DUI charge can become a serious felony with the potential for years in state prison. At the office of Jarrett Maillet J.D., PC, our Brunswick DUI with injury defense attorney has the legal knowledge and courtroom experience to handle these complex cases. If you were arrested in connection with a DUI that resulted in injury to another person in Glynn County, contact us today for a fully confidential, no-obligation consultation.
Serious Injury by Vehicle Under Georgia Law
Georgia treats DUI-related crashes that cause serious bodily harm as a separate felony offense known as serious injury by vehicle. Under O.C.G.A. § 40-6-394, a person commits this crime when they cause bodily harm to another person by depriving them of a member of their body, rendering a member of their body useless, seriously disfiguring their body or a member thereof, or causing organic brain damage that renders the body or any member of it useless, all while violating the DUI statute under O.C.G.A. § 40-6-391. A conviction is a felony punishable by one to fifteen years in state prison.
The injury threshold matters here. Georgia courts have interpreted serious injury to include conditions that are significant but not necessarily permanent. In Adams v. State, 259 Ga. App. 570 (2003), the court found that injuries seriously impairing a victim’s walking were sufficient to support a conviction even where the victim’s legs were not permanently rendered useless. That means the bar for a felony charge may be lower than many defendants assume. If another person in the crash required emergency care, surgery, or suffered any significant functional impairment, prosecutors may pursue felony charges. The injured party can be a passenger in the defendant’s own vehicle, an occupant of another car, a pedestrian, or any other person involved in the collision.
One important procedural note: because proof of DUI is a required element of serious injury by vehicle, Georgia courts have held that a defendant cannot be convicted of both the underlying DUI charge and serious injury by vehicle arising from the same incident, as that would violate double jeopardy principles. However, a defendant may still face other traffic charges arising from the crash itself.
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The Brunswick Judicial Circuit and Felony DUI Cases
Serious injury by vehicle charges are felonies and are processed through the Glynn County Superior Court. The Brunswick Judicial Circuit covers Glynn, Camden, and Wayne counties, and its prosecutors handle these cases with the full resources of the District Attorney’s office. In addition to the criminal prosecution, defendants in DUI injury cases may simultaneously face civil lawsuits from injured parties. Experienced legal representation in the criminal matter is essential to protect your rights across both proceedings.
What Defense Strategies Apply in DUI Injury Cases
Attorney Jarrett Maillet examines every element the prosecution must prove, including whether the DUI itself is supported by the evidence and whether the defendant’s impairment was actually the proximate cause of the victim’s injury. Causation is often a contested issue in these cases. If evidence shows that another driver’s actions, a road hazard, or a mechanical failure contributed to the crash, that can be relevant to the defense. Chemical test reliability, the validity of the traffic stop, and the accuracy of field sobriety evaluations are all scrutinized. A license suspension of at least three years with no early reinstatement and no limited driving permit is also an administrative consequence that follows a conviction, which adds further urgency to mounting an effective defense.
Frequently Asked Questions About DUI with Injury Charges in Brunswick
Does the injured person have to be a stranger for serious injury by vehicle charges to apply?
No. The victim does not need to be another driver or pedestrian. Passengers in the defendant’s own vehicle qualify just as much as occupants of other vehicles or bystanders. The relationship between the defendant and the injured party does not affect whether the charge can be brought.
What if I was also injured in the crash? Does that affect my exposure to a charge?
No. The fact that a defendant suffered injuries in the same crash does not create a defense to serious injury by vehicle charges. Prosecutors focus on whether the defendant’s impaired driving caused injury to any other person, not on whether the defendant was also hurt. Both parties can be injured, and the charge still stands if the statutory elements are met.
How quickly should I contact a defense attorney after a DUI crash with injuries?
Right away. Evidence from crash scenes is time-sensitive. Surveillance footage, vehicle data recorders, skid mark measurements, and witness accounts need to be preserved and analyzed as early as possible. The prosecution begins building its case immediately, and your defense should, too. Contact our Brunswick DUI with injury defense attorney as soon as possible after an arrest.
Reach Out to Our Brunswick DUI Injury Defense Lawyer Today
At the office of Jarrett Maillet J.D., P.C., our Brunswick DUI with injury defense attorney is ready to provide the focused, thorough representation your situation demands. Contact us today to set up a strictly confidential, no-obligation case evaluation. We defend serious injury by vehicle and DUI-related injury charges in Brunswick, Glynn County, and throughout the surrounding region of coastal Georgia.
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What A Criminal Defense Attorney Will Do For You
A lawyer may be contacted directly or a court may appoint a private lawyer.
The lawyer will gather as many details about the case to learn about possible defenses, strengths, and weaknesses.
The lawyer will typically question the police, speak with witnesses, and gather information used to build a strong defense.
The lawyer must study the facts and theories of the case carefully.
A lawyer will communicate often with their client, ensuring confidentiality, to provide information about the case so that they understand the possible consequences.
A lawyer is involved in the jury selection process. This means he or she may have jurors removed if they believe they may be biased against the defendant.
A lawyer is responsible for negotiating with the prosecutor regarding any plea bargain. He or she may be able to secure a favorable deal for the defendant, which results in a reduction of charges.
A lawyer examines witnesses, cross-examines the state’s witnesses, and tries to convince the jury that the prosecution failed to find the burden of proof.
If the criminal defendant is sentenced for the crime, a criminal defense lawyer can still represent the defendant during the sentencing phase. He or she may try to convince the judge or jury to limit the amount of time that the defendant serves and discuss alternatives to incarceration.