Facing a Felony DUI Charge in Hinesville? You Need a Top Defense Attorney
At Jarrett Maillet J.D., P.C., our Hinesville felony DUI defense lawyer has the knowledge, skills, and legal experience that you can rely on. A felony drunk driving charge can lead to significant jail time in Georgia, along with other penalties. It is imperative that you have reliable legal representation. Were you arrested for a felony DUI? We can help. Contact our Hinesville felony DUI defense attorney today to set up a strictly confidential, no obligation consultation.
When a DUI Can Be Charged as a Felony in Hinesville, Georgia
Georgia law elevates certain DUI offenses to felony status under O.C.G.A. § 40-6-391(c). A DUI becomes a felony when a driver accumulates three prior DUI convictions and is arrested for another DUI within the statutory lookback period. The State must prove that the defendant operated or maintained actual physical control of a moving vehicle while under the influence of alcohol, drugs, or another intoxicating substance in violation of the DUI statute. The prosecution must also establish the existence of qualifying prior convictions through certified court records. In Georgia, DUI is not only a felony for a fourth conviction within ten years under O.C.G.A. § 40-6-391(c). Several other DUI-related offenses are classified as felonies under different statutes, including:
- Serious Injury Crash: If a driver commits DUI and causes serious bodily injury to another person, the offense becomes a felony. Notably, a driver could face a felony charge for a serious injury if any other person was hurt in the accident.
- Vehicular Homicide: If a driver causes the death of another person while committing DUI, Georgia law classifies the offense as first-degree homicide by vehicle, a felony. These are very serious criminal cases in Georgia that can carry up to 15 years in prison for a conviction.
- Habitual Offender: If a person designated as a habitual violator drives a motor vehicle and is arrested for DUI while their license is revoked under habitual violator status, prosecutors may pursue felony charges.
- Fleeing the Police While Intoxicated: A DUI incident can escalate to a felony if the driver attempts to elude a law enforcement officer while impaired and commits aggravating conduct during the pursuit.
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Arrested for a Felony DUI? Attorney Jarrett Maillet Can Help
In Georgia, a DUI can be upgraded to a more serious felony offense for a number of different reasons. As DUI felonies carry serious criminal penalties, including jail time, it is imperative that defendants have trustworthy legal representation. Jarrett Maillet can help. Attorney Maillet is a Hinesville felony DUI defense attorney who is ready to:
- Conduct a comprehensive, confidential review of your case;
- Investigate the felony DUI charges in Hinesville;
- Handle all interactions with law enforcement and prosecutors; and
- Take your defense as far as needed to best protect your legal rights.
Felony DUI Charges in Georgia: Frequently Asked Questions (FAQs)
Is a DUI charge normally a felony in Hinesville?
No. As a baseline offense, a DUI is typically handled as a misdemeanor. In other words, you generally will not be charged with a felony for a first-time DUI offense. Still, a felony charge could be filed if there are aggravating factors present in your case.
When does a DUI become a felony in Hinesville, Georgia?
A DUI becomes a felony when a person is convicted of a fourth DUI offense within ten years. Georgia law elevates the charge under O.C.G.A. § 40-6-391(c). The prosecution must prove the current DUI violation and the existence of three qualifying prior convictions within the statutory lookback period. It can also be a felony if other aggravating factors are present in the case, such as if the intoxicated driver caused a crash and a serious bodily injury occurred.
Can prior DUI convictions from other states count toward felony DUI in Georgia?
Yes. Georgia courts may consider qualifying out-of-state DUI convictions when determining whether a defendant has reached the felony threshold. The prosecution must show that the prior offense is substantially similar to Georgia’s DUI statute.
Contact Our Hinesville, GA Felony DUI Defense Lawyer Today
At Jarrett Maillet J.D., P.C., our Hinesville felony DUI defense attorney is a skilled, aggressive advocate for justice. If you are facing a felony DUI charge, we are here to help. Call us now or contact us online to set up a strictly confidential, no obligation case review. We handle felony DUI charges in Hinesville, Liberty County, and all across the region in 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.