If you are arrested for DUI in Cobb County, Georgia, whether your charge is classified as a misdemeanor or a felony can have a major impact on your freedom, your driver’s license, and your future. DUI laws in Georgia are strict, and many people are surprised to learn how quickly a DUI can escalate into a felony offense.
If your arrest happened in Marietta or anywhere in Cobb County, understanding the DUI felony vs. misdemeanor distinction is critical.
Is a DUI a Felony or Misdemeanor in Georgia?
In Georgia, most DUI charges start as misdemeanors. However, a DUI can become a felony based on prior convictions or the circumstances of the arrest.
In general:
- First, second, or third DUI offenses are typically misdemeanors
- A fourth DUI within ten years is charged as a felony
- Any DUI involving serious injury or death is charged as a felony
Blood Alcohol Concentration (BAC) and DUI Charges in Georgia
One of the first factors law enforcement looks at is Blood Alcohol Concentration (BAC).
- A BAC of 0.08% or higher is illegal for most drivers
- Commercial drivers face lower limits
- Drivers under 21 are subject to Georgia’s zero-tolerance rules
While a higher BAC can increase penalties, BAC alone does not determine whether a DUI is a felony. Instead, prior DUI history and aggravating factors play a larger role.
Misdemeanor DUI in Cobb County
A DUI is usually charged as a misdemeanor if it is:
- A first, second, or third DUI offense
- Not within a ten-year period that would trigger felony status
- Not involving serious injury or death
Possible penalties for misdemeanor DUI include:
- Fines and court costs
- Jail time
- Driver’s license suspension
- Mandatory DUI school
- Probation
- Community service
Even as a misdemeanor, a DUI conviction can affect employment, insurance rates, and driving privileges in Cobb County.
When Does a DUI Become a Felony in Georgia?
A DUI becomes a felony under Georgia law in the following situations:
Fourth DUI Within Ten Years
Georgia uses a ten-year lookback period. If you are arrested for a fourth DUI within ten years, the charge is automatically a felony.
DUI Causing Serious Injury or Death
Any DUI that results in:
- Serious injury by vehicle
- Vehicular homicide
These will be charged as a felony, even if it is your first DUI offense.
Penalties for Felony DUI in Georgia
Felony DUI convictions carry far more severe consequences than misdemeanors.
Possible penalties include:
- State prison time
- Substantial fines
- Long-term or permanent license revocation
- Mandatory substance abuse treatment
- Felony criminal record
A felony DUI conviction can permanently affect your ability to work, hold professional licenses, and exercise certain civil rights.
Other Factors That Can Increase DUI Severity
Certain circumstances may increase penalties or strengthen the prosecution’s case, including:
- DUI with a minor in the vehicle
- Reckless driving
- Driving with a suspended license
- High BAC levels
- Refusal to submit to chemical testing
These factors are frequently alleged in Cobb County DUI cases, particularly in traffic stops along I-75, I-285, and major Marietta roadways.
DUI Cases in Cobb County Courts
DUI charges in Cobb County may be handled in:
- Marietta Municipal Court
- Cobb County State Court
- Cobb County Superior Court (for felony cases)
Each court follows its own procedures, deadlines, and local rules. Understanding how DUI cases move through Cobb County courts can make a significant difference in the outcome.
Why Legal Representation Matters in DUI Cases
Whether you are facing a misdemeanor or felony DUI, early legal representation is critical. DUI cases often involve:
- Breathalyzer calibration issues
- Improper traffic stops
- Field sobriety test errors
- Constitutional violations
A skilled DUI defense attorney can review the evidence, challenge the stop or arrest, and work to reduce or dismiss charges when possible.
Get Help From a Marietta DUI Attorney
If you are facing DUI charges in Marietta or anywhere in Cobb County, speaking with a defense attorney as early as possible can protect your rights and your future. Frye Law Group defends clients against both misdemeanor and felony DUI charges and provides aggressive representation when the stakes are high.
Frequently Asked Questions About DUI Charges in Georgia
- Is a first DUI a felony in Georgia?
No. A first DUI is typically charged as a misdemeanor unless it involves serious injury or death. - How many DUIs does it take to become a felony in Georgia?
A fourth DUI within ten years is charged as a felony. - Does a DUI stay on your record forever in Georgia?
A DUI conviction cannot be expunged and remains on your criminal record permanently. - Can a felony DUI be reduced to a misdemeanor?
In some cases, charges may be reduced depending on the facts and evidence involved. - What court handles DUI cases in Cobb County?
Depending on the charge, DUI cases may be handled in Marietta Municipal Court, Cobb County State Court, or Superior Court. - Should I hire a lawyer for a misdemeanor DUI?
Yes. Even misdemeanor DUIs carry serious consequences that can affect your license, job, and future.