Wilmington Island DUI With Injury Attorney

A DUI Accident Causing an Injury Can Be a Felony Offense in Georgia

In Georgia, the crime of “DUI with Injury” is prosecuted under O.C.G.A. § 40-6-394. It elevates the offense from a standard misdemeanor for this type of charge to a felony if any victim suffered a “serious” injury. The state must prove that the driver committed a DUI and, as a result, caused “serious bodily injury” to another person. What constitutes a serious injury?

• In Georgia, a serious injury includes broken bones, loss of limb, significant disfigurement, brain injuries, and any condition that impairs a person’s ability to work or function. 

A conviction carries one to fifteen years in prison, depending on the severity of the injuries and the circumstances of the crash. Additional penalties include long-term license revocation, mandatory community service, restitution for the victim’s medical expenses, and completion of DUI treatment programs. Sentencing courts may also look at aggravating factors. 

Note: Because DUI with Injury is a felony, the consequences extend beyond the sentence. Convictions affect employment, firearm rights, and professional licensing. A driver who is facing a felony DUI offense should be represented by an experienced Wilmington Island, GA, criminal defense lawyer. 

How Georgia DUI Injury Crash Defense Lawyer Jarrett Maillet Can Help

A DUI is a serious criminal charge in Georgia, especially so if a crash resulting in bodily injury occurs. After an injury accident, a DUI can be upgraded to a felony offense. Jarrett Maillet is a Georgia DUI defense lawyer who has the experience to handle felony cases. Among other things, our Wilmington Island DUI accident defense lawyer is ready to: 

• Hear your story and answer questions about your case; 
• Investigate your felony DUI crash, gathering evidence for your defense; 
• Represent you before police officers and prosecutors; and
• Develop a personalized strategy to best protect your rights and your freedom. 

Wilmington Island DUI with Injury: Frequently Asked Questions (FAQs)

Is a DUI with injury treated differently from a standard DUI in Georgia?

Yes. There is a very big difference when a person is injured in a crash. When a DUI results in an injury, prosecutors can elevate the charge to serious injury by vehicle under Georgia state law (O.C.G.A. § 40-6-394). It can be a felony. The state must prove the DUI and the injury link, but the penalties are far more severe than a first-time misdemeanor DUI. 

What counts as a “serious injury” in a Georgia DUI case?

Georgia law defines a serious injury broadly. It includes broken bones, disfigurement, loss of use of a limb or organ, and any injury that results in long-term impairment. Even injuries that appear “minor” at first can later qualify once medical documentation develops. If someone sought medical care after the crash, a serious injury DUI charge is a risk facing the defendant. 

Can I be charged with a felony even if the other driver or pedestrian was partly at fault?

Yes. Some people are surprised to learn that Georgia does not require prosecutors to show that you alone caused the crash. Instead, only need to prove you were driving under the influence and that your impaired driving contributed to the injury. Comparative fault might matter later for sentencing or civil liability, but it does not prevent felony charges. If you were intoxicated and were even one percent at fault for the crash, you can be charged. 

Contact Our Wilmington Island DUI Injury Accident Lawyer Today

At Jarrett Maillet J.D., P.C., our Wilmington Island felony DUI defense attorney has the knowledge, skills, and experience to handle DUI injury cases. If you or your loved one was arrested for a DUI crash causing an injury, please do not hesitate to contact us today at 912-713-3426 to set up your completely confidential case evaluation. We defend drivers against DUI accident injury charges in Wilmington Island, Chatham County, and throughout the wider region.