Is a DUI a Felony?

Posted by William H. Sherman on Oct 02, 2015 | 0 Comments

Question:    My wife was charged with drunk driving and she's really worried.  She's never been arrested before and she's embarrassed and afraid she'll lose her job if her work finds out about it.  She never gets in trouble and she's always telling our teenage daughter and son, who's in college, not to drink and drive.  She tells the kids that she doesn't even drink alcohol.

The DUI charge happened when she was driving back from Atlanta to our house in Sandy Springs.  She had a few drinks with a friend in Atlanta at a company party.  She said she didn't feel drunk at all, just a little buzzed.  So she drove home and got stopped in Dunwoody

She called me from her car and she was crying, but the police officer let her call me to pick up the car.  She did everything the cop wanted her to do.  Her breath test was .132.  I don't know why it was so high because she's not a big drinker at all; just an occasional wine for her.

I need to understand if this DUI is considered a felony.  We fear that a felony will be terrible for her life and career.  She can't have a felony, her boss said.

R.G. in Atlanta, GA

Answer:    A first DUI is rarely a felony.  The only time it would be a felony is if she was in an accident and someone suffered serious injury.  Other than that, a first DUI will not be charged as a felony under the laws of the state of Georgia.  It is a misdemeanor.

Under the law, besides causing a serious injury, a fourth DUI in 10 years is a felony.  But you wrote that this is a first DUI charge for her, so she should be charged with a misdemeanor not a felony.

About Us

Looking for a top-rated DUI defense team?  That's us, according to our clients.  When you're facing a drunk driving charge, you need to be prepared. 

The prosecutor will be trying to impose maximum punishments on you.  Let us answer your questions and plan an effective defense.  Call us now at 678-215-4106

Take advantage of our knowledge and real world experience, including serving as a Magistrate Judge, an Assistant Attorney General and as a Senior Assistant County Attorney. 

We proudly handle matters throughout the Atlanta metro area and North Georgia.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”