Lawrenceville Felony DUI Defense

Potential Penalties for a Fourth Qualifying DUI

These penalties apply specifically to a fourth qualifying DUI conviction during Georgia’s statutory lookback period. Serious injury by vehicle and homicide by vehicle are separate crimes with their own sentencing provisions.

A qualifying fourth conviction carries:

• One to five years of imprisonment: A judge may suspend, stay, or probate all but a mandatory minimum of 90 days that must be served.
• A fine of $1,000 to $5,000: The court can’t suspend or probate this financial penalty.
• Community service and required programs: The sentence includes at least 60 days, or 480 hours, of community service and completion of the DUI Alcohol or Drug Use Risk Reduction Program.
• Clinical evaluation: The person must complete an evaluation and participate in treatment if the evaluation indicates that treatment is appropriate.
• Probation and license consequences: The sentence includes at least five years of probation, reduced by days served, as well as habitual violator status and a five-year driver’s license revocation.

Habitual violator status is a state driver-licensing classification associated with the five-year revocation. Driving during that revocation is a separate felony carrying one to five years in prison and a fine of at least $750.

The Gwinnett County Felony Court Process

Felony charges in Gwinnett County proceed in Gwinnett County Superior Court. By contrast, first and second misdemeanor DUI offenses are handled in Gwinnett County State Court. Felony cases involve additional charging and pretrial stages.

The felony process generally includes:

• Arrest and booking: Law enforcement processes the arrest and records the charge.
• First appearance: A felony defendant’s first appearance generally occurs within 48 to 72 hours after arrest and booking, depending on whether the arrest was made with or without a warrant.
• Indictment or accusation: An indictment is a formal charge returned through the grand jury process. An accusation is a charging document filed by the prosecutor where permitted.
• Arraignment: The defendant receives the formal charge and enters a plea.
• Discovery and motions: The parties exchange evidence, and the defense can raise legal challenges concerning evidence or procedure.
• Plea, trial, and sentencing: The case may proceed through a negotiated plea or trial, followed by sentencing if there’s a conviction.