Georgia DUI Laws: A 4th Offense Within 10 Years is Felony

By: DUI Law Attorney Cory Yager, and an Ex-Cop for Nearly a Decade and Larry Kohn, One of the Peach State's Best-Rated DUI Lawyers Near Me for Two Decades

According to the most recent statistics released by Georgia's Department of Driver Services, felony DUI cases (DUI alcohol or drugs) represent a relatively small fraction of the total number of DUI-related offenses recorded in the state. This observation highlights the fact that while D.U.I. offenses are a significant concern for public safety and law enforcement, the more severe category of felony DUI—typically defined as a fourth or subsequent DUI offense within a ten-year period—occurs less frequently than one might expect.

The data mentioned above shows convictions, not arrests. The DDS GA numbers include all types of felony DUI cases, which might be a first lifetime DUI arrestee, who was in an at-fault crash causing another person's death or serious injury (which might be one or more passengers in her or his vehicle).

This includes serious injury crashes caused by DUI drivers and felony vehicular homicide cases, too. So, this data does not only count a person's 4th DUI arrest in the last 10 years when generating these statistics.

A Statistical Overview for the Last Three Years

According to the latest data from Georgia's Department of Driver Services, there were 33 felony DUI convictions in 2024. This is out of 23,463 total DUI and drug-related convictions reported. This means about 0.14% of all DUI-related convictions were classified as felonies.

The conviction data shows a steady pattern over the years. Felony DUI cases make up a small but ongoing part of total DUI cases. In 2023, there were 14 felony DUI convictions out of 21,770 total cases, which is 0.06%. In 2022, there were 20 felony DUI convictions out of 20,882 total cases, or 0.10%. The rise to 33 cases in 2024 is the highest number of felony DUI convictions from 2014 to 2024.

Georgia's Legal Framework for Felony DUI Classification

Georgia law sets clear rules for when a DUI becomes a felony. In Georgia, a fourth DUI is only considered a felony if the arrest occurred after July 1, 2008. This is different from many other states.

In Georgia, a DUI can be a felony if it causes serious injury or death. A DUI is classified as a felony if it results in serious injury by vehicle [OCGA Section 40-6-394].

Serious injury is when you lose a body part. It can also mean a body part becomes useless. Serious injury can cause major disfigurement or brain damage.

These cases can lead to felony charges. The punishment can be one to fifteen years in prison, and this is per victim. 

The crime of homicide by vehicle in GA is defined in O.C.G.A. §40-6-393. If a D.U.I. driver causes the death of an unborn child, O.C.G.A. § 40-6-393.1 applies. This law treats the unborn child's death like a person's death.

The way the GA DDS classifies a felony is when a person gets their fourth DUI conviction in ten years. This is measured by date of first arrest to date of the 4th DUI arrest.

In addition, under Georgia DUI laws, if any misdemeanor DUI arrests are based on a death (1st offence DUI, 2nd DUI, or DUI 3rd offense) or a serious bodily injury to others these DUI arrests can result in felony penalties (f convicted). So, due to the severe consequences created by ANY DUI driver, these penalties can range from three to fifteen years in State prison, per victim, and these sentences can be stacked end-to-end, creating many decades in State prison.

This law shows how Georgia deals with repeat DUI offenders. It includes harsher penalties for these offenders. It also applies to any DUI case, even first offenses. This is true when a person or fetus dies, or if someone is seriously hurt in a crash caused by a DUI driver.

GA DUI Penalties for Fourth D.U.I. Offenses

When a DUI becomes a felony due to being a fourth offense within 10 years, the consequences are severe and far-reaching. The maximum penalty includes up to five years in prison and a $5,000 fine, with minimum requirements of one year incarceration and a $1,000 fine. 

Additional mandatory consequences include 60 days of community service (480 hours or more), DUI school completion, having five years of probation minus any days served in jail, mandatory treatment programs, and a 10-year driver license suspension.

Fourth-time offenders also face designation as habitual violators under Georgia law, which requires forfeiture of their vehicle to the state unless a judge grants an exception for family financial hardship5. The habitual violator status prohibits driving for at least two years and up to five years, with violations constituting additional felonies.

Data Limitations and Interpretation Challenges

The statistical data at hand reveals several significant limitations when trying to ascertain the exact percentage of DUI arrests categorized as felonies specifically for fourth offenses within a decade. Virtually NONE of our clients (when confronted by police) were aware that TALKING to police or ATTEMPTING to perform roadside tests are 100% VOLUNTARY. Watch this vitally important video by senior partner William C. Head.

Because quite a few local counties and cities have police instructors within their police departments, not all SFST or DRE officers are trained by GPTSC in 2025.

First, the Department of Driver Services in GA provides data on convictions rather than arrests, thereby excluding cases that were dismissed, downgraded to lesser charges, or remain unresolved. This differentiation is vital, as arrest data would probably exhibit different trends compared to conviction data.

Second, the felony DUI category in the conviction statistics includes all types of felony DUI cases. This includes cases with serious bodily injury or death, not just fourth offenses within 10 years.

We need more detailed data on felony DUI convictions. Without it, we cannot determine the percentage of repeat offenses compared to injury-related cases.

Third, the data shows totals for the whole state. However, it does not consider differences in enforcement, prosecution, or sentencing in different areas. These factors can affect how DUI cases turn into felony convictions. Some places may have stricter enforcement or prosecution methods that can change these numbers.

Trends in GA DUI Enforcement and Outcomes

Recent trends in Georgia since the 1990s has shown a greater focus on DUI enforcement and providing more officers with advanced training. Correspondingly, the best DUI attorney near me may have as much or MORE training on GA DUI laws than the police officer who stopped you.

By way of example all three of our law partners are SFST (standardized field sobriety test) INSTRUCTORS but only about 5% of Georgia police officers have obtained such certification from GPSTC or other police training academy. Back in the early 1990s through the mid-2000s, dozens of Atlanta police officers received advanced DUI training, but the State's largest municipal Police Department had to cut back on these special units due to officer shortages.

The Georgia Peace Officer Standards and Training Council (P.O.S.T.) oversees the training and certification of law enforcement professionals across the state. According to recent data, Georgia P.O.S.T. administers training programs for over 58,000 actively employed officers working across more than 1,100 agencies in Georgia. This represents a substantial law enforcement workforce requiring ongoing specialized training, including DUI detection and enforcement capabilities.

However, in some areas, this has raised concerns about the validity of DUI arrests. A notable case in Commerce, Georgia, involved a police officer who made most of the Department's DUI arrests being fired.

This officer allegedly made many wrongful DUI arrests. In 2023, he arrested twice as many DUI suspects as the rest of his police department combined.

This incident highlights the need for proper training and procedures in DUI enforcement. They help ensure accurate arrest and conviction rates.

Some areas of Georgia have seen troubling increases in DUI incidents, post-COVID. Peachtree City police reported that every deadly crash in that city in 2022 was caused by a DUI driver.

In 2025, DUI arrests in the metro Atlanta area have tripled compared to many months in the Pandemic shutdown of businesses. This local trend shows patterns that may affect statewide statistics. However, it reflects enforcement and incident data, not conviction outcomes.

Helpful Additional Links to other Popular DUI Georgia Topics

Now that you know more about DUI laws in Georgia, it is time to get down to obtaining an IMMEDIATE FREE consultation. We take our time and do this at no cost because getting arrested for DUI in GA is an EMERGENCY, because over 95% of ALL GA DUI cases have a related implied consent law THREAT to suspend the driver for a full 12 months that many DUI arrestees overlook.

Since we are the three Georgia lawyers who write the leading annual book on DUI laws in the Peach State, why would you look elsewhere for legal counsel? Plus, we are co-authors on over 20 other DUI related books or legal publication articles.

If your plastic license was taken after this arrest, you almost CERTAINLY are facing a CIVIL LAW driver license suspension, before the criminal case ever gets started. Dial our 24-hour number, 404-567-5515 to get your FREE case review from a Georgia top-rated DUI defense attorney.

Conclusion

In summary, data from Georgia's Department of Driver Services shows that (unless a serious injury or death accident has occurred) felony DUI cases are not very common. They make up a small part of all DUI offenses in Georgia.

So, many DUI first offenders will ask our attorneys (during their first FREE lawyer consultation) "Do I really need a lawyer for DUI?" That answer is 100% yes, because without having a skilled DUI specialist, you will likely be putting a permanent DUI conviction on your record, since GA laws will block any attempts to remove a DUI conviction --- for life!

However, we must understand the limits of this data. To fully analyze fourth DUI offenses within ten years, we need to look at the factors that cause these incidents. We should also think about the wider social impacts of DUI-related offenses, and the harm to the family and dependents of this driver.

The data from the Georgia DDS shows that felony DUI convictions are a fraction of 1% of all DUI arrests. These numbers work out to about 0.14% of all DUI convictions in Georgia for 2024. However, this number only includes fourth DUI offenses within 10 years that are not vehicular homicides or serious injury by vehicle cases in Georgia.

Other types of felony DUIs are also in the statistics. This small percentage shows that felony cases are rare. It also indicates that Georgia's penalty system works well to prevent repeat offenses.

Our three top DUI lawyers near me need to collect and report more detailed information about your case to be able to answer this question. We want to find out what percentage of DUI arrests lead to felony charges for fourth offenses within 10 years. The current data does not clearly show how DUI can become a felony. This shows we need better reporting to understand repeat DUI offenses.