Felony DUI

Savannah Felony DUI Attorneys

Protecting Clients Against Felony Convictions

A felony DUI is a serious criminal offense that goes beyond the scope of a typical misdemeanor DUI. A felony DUI applies to more severe or repeated situations that pose significant risks to public safety.

With penalties including the possibility of up to five years in prison, defendants need to secure experienced legal counsel as soon as possible. Additionally, individuals convicted of felony DUI are also branded as convicted felons and lose many essential rights.

The defense lawyers in our Savannah office have decades of experience handling DUI cases. When you come to us for legal advice, we will give you a straightforward and honest assessment.

Contact our Savannah felony DUI attorneys today to schedule a free consultation and determine the options that best suit your needs.

When Can Prosecutors Bring Felony DUI Charges?

Prosecutors consider several factors when deciding whether to bring felony charges. If you are facing a felony DUI charge, it is in your best interest to contact a Savannah DUI lawyer immediately.

Prior Convictions

One of the most common reasons prosecutors pursue felony DUI charges is due to repeat offenses. For example, anyone who is charged with a fourth DUI within 10 years may also be charged with a felony. Individuals who have a high blood alcohol concentration for a fourth DUI are also subject to enhanced charges.

Drivers with multiple DUI convictions within 10 years are often classified as habitual offenders, resulting in felony charges. It is worth noting that anyone who has been deemed to be a habitual violator and is charged with a DUI while their license is revoked can also face felony charges.

DUI Causing Serious Injury or Death

Individuals who cause serious injury or death while driving under the influence will be charged with a felony DUI. Felony charges may include Serious Injury by Vehicle or Vehicular Homicide.

DUI While Operating a School Bus

Individuals who are caught driving a school bus while driving under the influence can be charged with a felony, even for a first DUI, or if no students were present at the time of the offense. Because school bus drivers are responsible for the safety of the children who ride the bus, they are held to a higher standard of care.

Child Endangerment 3rd or Subsequent Offense

If someone drives under the influence with a child 14 or younger in the vehicle, they can be charged with a felony. Although a third DUI offense within 10 years is generally charged as a misdemeanor, having a child present can result in enhanced charges.

What are the Criminal Penalties for a Felony DUI in Georgia?

Georgia has enacted strict laws to penalize individuals who are convicted of felony DUI. Criminal DUI penalties include:

  • One to five years in prison
  • Mandatory 480 hours of community service
  • A fine ranging between $1,000 and $5,000
  • A minimum five-year driver’s license suspension

If the DUI resulted in serious injury or death, a defendant could face a prison sentence of three to 15 years or longer, depending on the circumstances surrounding the case. Other penalties may include defendants being sentenced to probation, mandatory drug and alcohol education classes, and treatment programs. Additionally, anyone seeking to reinstate their license will also be required to install an ignition interlock device at their own expense.

Due to the severe penalties that can come from a felony DUI conviction, you must hire a felony DUI defense attorney who can help you navigate the Georgia criminal justice system. Contact Scheer, Montgomery & Call, P.C. to determine if we can assist you in fighting a drunk driving offense.

What Type of DUI Defense Does Your Law Firm Offer to Clients?

Our law firm is proud to offer a range of DUI-related legal services tailored to meet the needs of our clients. We know that sometimes good people make poor decisions that can cause them to come into contact with law enforcement officers. Scheer, Montgomery & Call, P.C. is ready to assist clients with the legal services related to:

  • Aggravated DUI
  • CDL DUI
  • DUI Accidents
  • DUI Field Breath & Blood Tests
  • DUI License Suspensions
  • Felony DUI
  • Multiple DUIs
  • Underage DUI

Get the Legal Help You Deserve

Let us help you navigate your legal challenges. Schedule a no-obligation consultation with our experienced attorneys today, and take the first step toward justice.

What are the Consequences of a Felony DUI on Future Opportunities?

The very real possibility of jail time and steep fines is just the beginning of the potential fallout if you are convicted. A felony DUI conviction significantly impacts a person’s life, often creating long-term obstacles in various areas of their professional and personal life.

Career Opportunities

Career opportunities can be negatively impacted, as many employers are reluctant to hire someone with a felony on their record, particularly for positions with high levels of responsibility. This limitation can be particularly challenging for individuals in industries such as trucking, delivery services, or roles that require frequent business travel.

Housing

Many individuals convicted of a felony DUI may face significant challenges obtaining suitable housing. Many landlords conduct background checks and may refuse to rent to someone with a felony DUI conviction. This complication can lead to fewer available housing options and increased financial strain.

Professional Licenses

Professional licenses are also at risk. A felony DUI can result in the suspension or revocation of certifications required for specific careers. A CDL for professional drivers is a prime example, and this also includes licensing in healthcare, law, and education. Furthermore, those who manage to retain their licenses may face increased scrutiny, higher insurance costs, or limited opportunities for advancement.

The ripple effects of a felony DUI conviction make it crucial to take steps to minimize the long-term damage.

What Happens When a Felony DUI Involves an Accident?

Georgia prosecutors aggressively pursue felony DUI cases that involve accidents. A felony DUI becomes even more serious when it involves an accident, especially if someone is injured or killed. In these cases, the charges may escalate to vehicular assault or vehicular homicide, leading to harsher penalties.

If the DUI accident is charged as a Serious Injury by Vehicle, a defendant could be sentenced to one to 15 years in prison if convicted, and a mandatory three-year license suspension. If the accident resulted in death, a DUI defendant can be charged with Homicide by Vehicle, which is punishable by a prison sentence of three to 15 years, along with a three-year license suspension.

Other legal consequences in DUI accidents include:

  • Hefty Fines – Courts often impose fines ranging from thousands to tens of thousands of dollars
  • Civil Lawsuits – Victims or their families may file lawsuits for damages, including medical bills and wrongful death claims
  • Permanent Criminal Record – A felony conviction can impact job opportunities, housing, and more

Defending against DUI accident charges often requires expert testimony from accident reconstruction specialists and others. Specialists can analyze the crash scene, vehicle damage, and BAC test results to challenge the prosecution’s case.

How Do Defense Attorneys Fight Felony DUI Charges?

A felony DUI charge is not an automatic conviction. Several defense strategies can weaken the prosecution’s case, including:

  • Challenging the Traffic Stop: Officers must follow strict legal protocols when making a DUI arrest. For example, a police officer must have probable cause to initiate a traffic stop.
  • Inaccuracies in Conducting Field Sobriety Tests: Field sobriety tests (FSTs) are widely recognized for being subjective, as they rely on the police officer’s opinion. The results of FSTs can also be skewed based on external factors, including physical disabilities, surface, and lighting conditions
  • Challenging BAC Results – Breathalyzers and blood tests are not foolproof. Faulty equipment, improper handling, or medical conditions could lead to inaccurate readings. Additionally, a DUI lawyer may discover that the tests were not conducted properly
  • The officer failed to conduct a 15-minute Observation: Georgia DUI laws require DUI police officers to observe the driver for 15 minutes before administering a breathalyzer test. If the officer failed to wait 15 minutes, a lawyer could argue that the evidence should be excluded
  • Using Experienced Witnesses – Toxicologists, accident reconstruction experts, and medical professionals, can provide testimony to dispute the evidence against you

In cases involving injury or death, the prosecuting attorney must present evidence that the defendant was driving under the influence and that their intoxication directly caused the accident. A highly trained DUI lawyer can put on a strong defense that challenges the state’s argument.

An experienced Savannah felony DUI attorney will analyze every aspect of your case to build the strongest possible defense.

What is Important to Know About License Suspension and Reinstatement After a Felony DUI?

A felony DUI conviction can result in a lengthy license suspension, often lasting several years or even permanent revocation. The Georgia Department of Driver Services has strict requirements that individuals must adhere to if they are trying to have their license reinstated.

Some of the requirements for reinstating driving privileges include:

  • Serving the mandatory suspension period
  • Completing a DUI Risk Reduction Program
  • Paying all reinstatement fees
  • SR-22 Insurance: High-risk drivers must obtain SR-22 insurance, proving financial responsibility
  • Hardship Licenses: Some drivers may qualify for restricted licenses to drive to work, school, or medical appointments

Reinstating your license after a felony DUI can be challenging. Still, it is possible with the proper legal guidance from Scheer, Montgomery & Call, P.C. Our lawyers have a proven track record of helping clients reinstate their driving privileges, allowing them to resume their lives. A Savannah DUI lawyer from our firm will be happy to review your case and determine what legal options may suit your needs.

Can a Felony DUI Be Reduced to a Misdemeanor?

Yes, in some cases, a felony DUI can be reduced to a misdemeanor. If there were procedural errors, weak evidence, or mitigating circumstances, a lawyer may be able to negotiate for a lesser charge. A felony DUI typically remains on your record for the rest of your life, making it challenging to achieve your life goals. For example, many licensing boards take felony convictions seriously. A DUI could result in suspension or revocation of medical, legal, teaching, or commercial driving licenses.

Generally, Georgia does not allow felony DUI convictions to be expunged; however, in some instances, they may be sealed. Due to the serious consequences of a felony conviction, it is always advisable to secure qualified legal representation. A Savannah felony DUI defense attorney can create a strong defense that disputes the prosecution’s case and gives you a greater chance of having your charges dismissed or reduced. If your case makes it to trial, having your lawyer act as your legal advocate increases your likelihood of being acquitted.

What Sets Your Law Firm Apart From Others?

Scheer, Montgomery & Call, P.C. is a Savannah law firm dedicated to helping clients obtain the legal representation they need to defend against felony DUI charges. If we agree to take on your case, we will work diligently to secure a favorable outcome by negotiating with prosecutors or, if necessary, taking the case to court.

The Difference Is in Our Dedication

The Scheer, Montgomery & Call Promise

  • Integrity in Every Action
    We believe that the foundation of great legal work is built on honesty, transparency, and ethical practices, ensuring that your case is handled with the utmost respect and professionalism.
  • Committed to Delivering Results
    We go beyond expectations to achieve successful outcomes, leveraging our extensive experience in various practice areas to fight for what’s best for you, whether through negotiation or trial.
  • Your Success, Our Priority
    We put our clients first, dedicating ourselves to understanding your unique needs and providing personalized legal solutions that align with your goals, every step of the way.
  • Decades of Trusted Legal Experience
    With over 40 years of combined legal experience, Scheer, Montgomery & Call, P.C. brings expert knowledge and proven strategies to fight for your rights and secure the best possible outcomes.

Offering Our Clients Hope

The consequences can be scary, but this must be balanced by the fact that there are more ways to contest a DUI charge than many people realize. Our Savannah DUI lawyers include those who have prior experience in law enforcement. We can tell you firsthand that the police make mistakes. The traffic stop might have been illegal, the test not administered properly, or the blood samples not correctly maintained.

We make no promises as to the outcome, but we can tell you this—when you come to talk to our attorneys about your felony DUI charge, you’ll get a candid assessment that’s rooted in experience. You can get the peace of mind that comes from knowing that when we take a case, it’s because we genuinely believe we can help you.

Get a free consultation by calling (912) 233-1273 today. We serve clients throughout Chatham, Bulloch, Liberty, and Effingham Counties.