Felony DUI
In May, 2000, my fiance was charged with his 5th DUI. Right now, the case is still in city traffic court (arraignment Dec.1). Is it possible that this will be bound over to a grand jury for felony indictment or will it stay in traffic court?
1 Answer from Attorneys
Re: Felony DUI
In Georgia, a DUI charge is a misdemeanor. However, it can be the basis for a felony. For example, if your fiance had the status of Habitual Violator, operation of a vehicle while DUI, even if he were in possession of a probationary license, would be a felony. Another example would be if he were invovled in a fatal traffic accident while DUI, the DUI charge would be the basis of felony homicide by vehicle.
The fact that the case is in a city traffic court tells me that it is probably not a felony. It should stay in traffic court unless your fiance demands a jury trial in which case it will be transferred to the State Court. If your county does not have a State Court, it will be transferred to the Superior Court, but it will still be a misdemeanor.
If you need more information on Georgia DUI, go to my website at www.duiguy.com. You can email me at [email protected].
Mike Mullis
The DUI Guy
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