Arrested for a DUI Causing an Injury in Hinesville? Contact Us Today
At Jarrett Maillet J.D., P.C., our Hinesville DUI accident with injury defense lawyer provides solutions-focused guidance and advocacy to clients. A drunk driving charge that involves an injury is extremely serious. If you or your loved one was arrested for a DUI accident involving injury, we are here to help. Contact our Hinesville, GA criminal defense attorney today for a completely confidential case evaluation.
What to Know About DUI Injury Charges in Georgia
A DUI is typically charged as a misdemeanor offense in Georgia. With that being said, the charge is more serious if an injury happens. Indeed, under state law (O.C.G.A. § 40-6-394), causing injury to another person while driving under the influence can be a felony offense. It is commonly referred to as DUI causing injury by vehicle. Prosecutors must prove two elements:
- That the defendant committed a DUI offense;
- That the impaired driving caused physical harm to another person.
Notably, the seriousness of the charge depends on the nature of the injuries. Georgia law distinguishes between serious injury by vehicle and less severe bodily injury. If you are facing any type of DUI accident injury charge in Liberty County, it is imperative that you consult with an experienced Hinesville DUI defense attorney right away.
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A DUI Injury Charge Can Carry Serious Criminal Penalties
The penalties depend on the severity of the victim’s injuries. If the crash causes “serious injury by vehicle” as defined by O.C.G.A. § 40-6-394(a), the offense is a felony punishable by imprisonment for a term ranging from three to fifteen years. Serious injury includes dismemberment, significant disfigurement, or the loss or substantial impairment of a bodily member or organ. If the injuries do not rise to that level, prosecutors may pursue misdemeanor charges under Georgia’s vehicle injury statutes. If you have any questions about a DUI injury charge, our Hinesville defense lawyer can help.
Jarrett Maillet is a Top Hinesville DUI Defense Lawyer
A DUI is a serious crime in Georgia, especially so if there is a crash involving any injury. Our founder and lead attorney, Jarrett Maillet, is a Hinesville DUI defense attorney who puts clients first. We are proactive, and we provide personalized legal representation. When you contact us, you will have an opportunity to speak to a Hinesville DUI accident injury attorney who can:
- Hear what you have to say and answer questions about your case;
- Investigate the crash and the DUI charges;
- Handle all interactions with police and prosecutors; and
- Develop a personalized defense strategy focused on protecting your rights.
DUI With Injury in Georgia: Frequently Asked Questions (FAQs)
Can DUI with injury be charged as a felony in Georgia?
Yes. It is a very serious criminal offense in Georgia. If the impaired driving causes serious bodily injury, the offense may be prosecuted as a felony under O.C.G.A. § 40-6-394. Serious injury includes dismemberment, serious disfigurement, or the loss or substantial impairment of a bodily member or organ. A conviction can carry a prison sentence of up to 15 years.
Will my license be suspended for a DUI injury charge?
Your license will absolutely be at serious risk. A DUI arrest in Georgia can lead to an administrative license suspension through the Georgia Department of Driver Services (O.C.G.A. § 40-5-67.1). That is separate from the criminal case. If the driver refuses chemical testing under Georgia’s implied consent law or tests above the legal limit, DDS may initiate a suspension proceeding. Drivers generally have 30 days from the date of arrest to request an administrative hearing to challenge the suspension. If no timely request is made, the license suspension may automatically take effect.
Do I need to give a statement to the police?
No. You can and should exercise your right to remain silent. A person suspected of DUI with injury retains the constitutional right to remain silent under the Fifth Amendment. In other words, you are not required to answer investigative questions from law enforcement beyond providing basic identifying information. Any statements made during the investigation can be used as evidence in a criminal prosecution. Do not give a statement before you speak to a Hinesville DUI defense lawyer.
Contact Our Hinesville, GA DUI Accident Injury Defense Lawyer Today
At Jarrett Maillet J.D., P.C., our Hinesville, GA DUI defense lawyer handles the full range of cases, including felony drunk driving crashes involving injuries. Contact us today for a completely confidential, no obligation case review. Do not take on the prosecution alone. We defend felony DUI charges in Hinesville and throughout all of Liberty County.
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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.