Felony DUI Attorney in Atlanta

Over 40 Years Defending Georgia’s Most Serious DUI Charges

A felony DUI charge is a different category of legal jeopardy than a standard misdemeanor DUI. Prison time is measured in years, not days. A conviction can follow you permanently. At Michael Moran & Associates, LLC, we’ve represented clients in Atlanta and across Georgia for more than 40 years, and we handle both pathways to a felony DUI under Georgia law: repeat-offense charges and DUI accidents involving serious injury or death.

A DUI arrest doesn’t automatically become a conviction. Evidence, testing procedures, and police conduct can all affect the outcome. We limit the cases we take on so clients get our full attention from the start.

If you’re facing felony drunk driving charges in Atlanta, time matters. Call (404) 205-8879 to speak with us directly and schedule a free consultation.

When Georgia Elevates a DUI to a Felony

Most DUI charges under OCGA 40-6-391 are misdemeanors. A first or second conviction stays at that level. A third conviction within 10 years becomes a high and aggravated misdemeanor. It’s the fourth or subsequent conviction within that 10-year window that crosses into felony territory.

That 10-year lookback is measured from the date of each prior arrest that produced a conviction to the date of the current arrest, not from conviction to conviction. The distinction matters when counting prior offenses.

Repeat offense isn’t the only route to a felony. Two separate statutes apply when a DUI causes harm to another person:

• Homicide by vehicle (OCGA 40-6-393): Charged when a DUI causes the death of another person
• Serious injury by vehicle (OCGA 40-6-394): Charged when a DUI causes serious bodily injury to another person

Both are felonies that carry their own penalties independent of the underlying DUI charge.

Penalties for a Felony DUI Conviction in Georgia

The penalties depend on which felony pathway applies. The repeat-offense threshold and the injury and death statutes each carry distinct sentencing ranges.

Fourth-Offense Felony DUI

A conviction under OCGA 40-6-391(c)(4) carries a fine between $1,000 and $5,000 and one to five years of imprisonment, though a judge may suspend, stay, or probate all but 90 days of that prison term. Beyond incarceration, a conviction also requires at least 60 days of community service, completion of the DUI Alcohol or Drug Use Risk Reduction Program, a clinical evaluation, and up to five years of probation minus time served. A fourth conviction within 10 years can also trigger habitual violator status, which carries separate consequences for driving privileges.

Injury & Death Felonies

The injury and death felonies carry steeper exposure:

• Homicide by vehicle, first degree: Three to 15 years in prison, or five to 20 years if the driver had already been declared a habitual violator
• Serious injury by vehicle: One to 15 years in prison

How We Defend Felony DUI Cases in Atlanta

We start each case with a detailed review of the arrest report, BAC test results, and any available video. Breathalyzer calibration records, officer training documentation, and the sequence of field sobriety test administration all become relevant. If a procedure wasn’t followed correctly, that can affect whether the evidence holds up.

We also handle the administrative side. Under Georgia’s implied consent law, a driver arrested for DUI has 30 days from the arrest date to request an administrative license suspension (ALS) hearing with the Georgia Department of Driver Services. Miss that window and the right to challenge the suspension is gone. We represent clients in those hearings alongside the criminal case.

When the evidence supports it, we negotiate with prosecutors toward reduced charges or a plea agreement. When a case goes to trial, we’re prepared to see it through in court.

Court Admissions & Fulton County Familiarity

Michael Moran is admitted to practice in all Georgia courts, including the Georgia Court of Appeals, the Supreme Court of Georgia, and the U.S. District Court for the Northern District of Georgia. Felony DUI cases in Atlanta are handled at Fulton County Superior Court, and we work to understand how prosecutors approach these charges and how judges handle them there. That familiarity shapes how we build a defense: we aim to anticipate the prosecution’s strategy rather than react to it, and we keep clients informed at every stage with honest, direct communication about where their case stands.

Talk to a Felony DUI Lawyer in Atlanta at No Cost

If you’ve been charged with a felony DUI in Atlanta, whether it’s a fourth offense or a charge arising from an accident involving injury or death, don’t wait to get counsel involved. We offer a free initial consultation and limit our caseload so we can give your case the attention it demands.

Contact Michael Moran & Associates, LLC at (404) 205-8879 to schedule your free consultation today.