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One of the most common questions about DUI charges in Georgia is whether they are classified as felonies or misdemeanors. The answer depends on several factors, including how many prior offenses you have, how much time has passed between them, and whether any aggravating circumstances were involved. Understanding how Georgia categorizes DUI offenses helps clarify what to expect in terms of penalties and long-term consequences.
In Georgia, most DUI charges are classified as misdemeanors, especially for first and second offenses. However, certain situations can elevate a DUI to a felony, particularly if it’s the fourth offense within a 10-year period or if the DUI involves serious injury or death. The distinction between misdemeanor and felony DUI in Georgia has a major impact on everything from sentencing to future legal restrictions.
This post breaks down how Georgia law classifies DUI offenses, when a DUI crosses the line into felony territory, and how this classification affects arrest procedures, penalties, and criminal records. It also explains how Georgia’s approach fits into the broader landscape of DUI laws across the United States.
How Georgia Classifies DUI Offenses
Georgia’s DUI classification system is primarily based on the number of prior offenses within a set time frame. The state uses a 10-year look-back period to determine whether a DUI is a repeat offense and whether it should be elevated from a misdemeanor to a felony.
Here’s how the classifications generally break down:
- First DUI offense (within 10 years):
Classified as a misdemeanor - Second DUI offense (within 10 years):
Still classified as a misdemeanor, but with harsher penalties - Third DUI offense (within 10 years):
Classified as a “high and aggravated” misdemeanor, which carries stricter sentencing and limited benefits (such as fewer early release options) - Fourth DUI offense (within 10 years):
Classified as a felony under Georgia law
This progression shows that while the first few offenses remain misdemeanors, Georgia takes a strong stance against repeat violations by eventually escalating the charge to a felony. It’s also worth noting that aggravating factors—like serious injury, death, or fleeing the scene—can lead to separate felony charges in addition to or instead of a DUI.
When Does a DUI Become a Felony in Georgia?
The most straightforward path to a felony DUI in Georgia is accumulating four or more DUI convictions within a 10-year period. Once this threshold is reached, the charge is no longer considered a misdemeanor.
A felony DUI in Georgia can result in:
- One to five years in prison
- Fines up to $5,000
- License revocation
- Mandatory alcohol or drug treatment
- Designation as a habitual violator
- Permanent felony record
In addition to the felony classification, the individual may face long-term consequences, including loss of civil rights (such as voting or firearm ownership), difficulty finding employment, and higher barriers to professional licensing.
It’s also possible for a first or second DUI to be elevated to a felony if it involves specific circumstances, such as:
- Causing serious bodily injury or death
- DUI while transporting a minor (especially if child endangerment is charged)
- Fleeing from law enforcement during a DUI stop
- Being involved in a hit-and-run while under the influence
In these cases, the DUI may be paired with felony-level charges like vehicular homicide, serious injury by vehicle, or child endangerment.
Misdemeanor DUIs and Their Penalties
Even though first and second DUIs are classified as misdemeanors in Georgia, the penalties are still serious and can include:
- Jail time: Minimum of 24–72 hours, with potential for up to 12 months
- Fines: $300 to $1,000 or more
- License suspension: 12 months for first offense, longer for second
- Community service: At least 40 hours
- Mandatory DUI Risk Reduction Program
- Probation: Up to 12 months
- Substance abuse evaluation and treatment if ordered
Misdemeanor DUIs also stay on your criminal record permanently in Georgia. There is no option for expungement or record sealing, even for first-time offenders. This makes Georgia’s misdemeanor DUI consequences some of the strictest in the country when it comes to long-term effects.
Additionally, a misdemeanor DUI counts toward your total number of offenses. So even if your first three DUIs are misdemeanors, the fourth one will automatically be charged as a felony.
High and Aggravated Misdemeanor DUI Explained
Georgia uses a classification known as a “high and aggravated misdemeanor” for certain third DUI offenses. This category is more serious than a standard misdemeanor but doesn’t carry the full consequences of a felony.
Here’s what makes it different:
- Jail time: Must serve a minimum of 15 days
- Community service: At least 30 days
- Higher fines and probation supervision
- Stricter probation conditions
- Less access to alternative sentencing programs
While still technically a misdemeanor, a high and aggravated classification places the offender under stricter rules and less leniency. The purpose is to penalize repeat offenders more severely without yet elevating the charge to a felony—though it signals that one more offense will result in felony treatment.
This classification highlights Georgia’s commitment to progressively harsher penalties for repeat DUI behavior and acts as a warning stage before felony consequences apply.
Felony vs. Misdemeanor DUI: Key Differences
Understanding the difference between a misdemeanor and a felony DUI in Georgia is important, especially when it comes to long-term consequences. Here’s how they compare:
| Aspect | Misdemeanor DUI | Felony DUI |
|---|---|---|
| Number of Prior Offenses | 1st, 2nd, or 3rd (within 10 years) | 4th+ (within 10 years) or with aggravating factors |
| Jail/Prison Time | Up to 12 months (county jail) | 1–5 years (state prison) |
| Criminal Record Impact | Permanent misdemeanor record | Permanent felony record |
| License Consequences | Suspension or limited permit | Revocation, habitual violator status |
| Voting / Firearm Rights | Retained | May be lost |
| Employment / Licensing | Affected by background checks | More significant restrictions and limitations |
This comparison helps clarify why the leap from misdemeanor to felony is so significant. A felony record can affect almost every area of your life for years, if not permanently.
Frequently Asked Questions About DUI Classification in Georgia
Is a first DUI in Georgia a felony or misdemeanor?
A first DUI in Georgia is classified as a misdemeanor.
How many DUIs does it take to become a felony in Georgia?
A DUI becomes a felony on the fourth offense within a 10-year period.
What is a high and aggravated misdemeanor DUI?
It’s a more serious type of misdemeanor, usually applied to a third DUI, with stricter penalties and less leniency.
Can a first DUI ever be charged as a felony?
Yes, if it involves serious injury, death, or other felony-level circumstances, such as fleeing law enforcement or child endangerment.
Does a misdemeanor DUI stay on your record in Georgia?
Yes. Georgia does not allow expungement of DUI convictions, so they remain on your record permanently.
What’s the biggest difference between felony and misdemeanor DUIs?
Felonies result in state prison time, a permanent felony record, and the loss of certain civil rights. Misdemeanors generally involve jail time and fines, but still carry lasting consequences.
Can a felony DUI be reduced to a misdemeanor in Georgia?
It is rare. Once charged as a felony—especially as a fourth offense—it’s unlikely to be reduced unless legal or procedural errors occurred.
Conclusion
In Georgia, DUI offenses begin as misdemeanors but can quickly escalate to felonies based on repeat offenses or serious aggravating factors. A first, second, or even third DUI is usually treated as a misdemeanor, though the third may be considered a high and aggravated offense. A fourth DUI within 10 years, or any DUI involving severe harm, becomes a felony under Georgia law.
To understand how DUI classifications in Georgia affect arrests, penalties, and sentencing, visit the State By State DUI Laws page.
For more insight into how Georgia’s DUI laws impact penalties and criminal charges, read How State DUI Laws Affect Arrests and Penalties.