Felony DUI Attorney in Gwinnett County

Facing A Felony DUI Charge & Unsure Where To Turn? Contact Our Team

Being charged with a felony DUI can change your life in an instant. You may be worried about prison time, losing your license, and how a felony record could affect your job and your family. If your case is in, or headed to, the courts that serve Gwinnett County, you need clear information and a defense team that understands what you are facing.

At Crawford and Boyle, LLC, we represent people accused of serious DUI offenses, including cases that are charged as felonies. Our attorneys bring more than 50 years of combined criminal defense experience, and our team is led by former prosecutors who know how the state builds felony DUI cases. We have handled thousands of criminal matters since 2010, and we work to develop detailed strategies tailored to each client’s situation.

Your freedom and your future are on the line. Secure an aggressive felony DUI attorney in Gwinnett County by calling (678) 726-5400 or contacting us online for a free consultation. With our over 50 combined years of legal experience, we are ready to start your defense today.

Understanding Felony DUI Laws in Georgia

Under Georgia law (O.C.G.A. § 40-6-391), most DUI offenses are handled in State Court as misdemeanors. However, the law identifies specific scenarios where the crime is prosecuted as a felony in Superior Court.

The "Fourth or Subsequent" Rule

The most common way a DUI becomes a felony is through recidivism. In Georgia, a fourth DUI conviction within a 10-year period (measured from arrest date to arrest date) is a felony. It is important to note that Georgia only considers convictions that occurred on or after July 1, 2008, toward this felony status. Even if your prior offenses occurred in different counties or states, they can be used to elevate your current Gwinnett County case.

Serious Injury by Vehicle

If a person causes an accident while driving under the influence that results in "bodily harm" to another, they face felony charges. In Georgia, "bodily harm" is broadly defined and includes:

• Depriving a person of a member of their body.
• Rendering a member of their body useless (even temporarily).
• Serious disfigurement.
• Organic brain damage.

Homicide by Vehicle

A DUI that proximately causes the death of another person—whether a passenger in your car, someone in another vehicle, or a pedestrian—is a first-degree felony. This carries some of the harshest penalties in the Georgia criminal code.

DUI with a Child Passenger (Endangerment)

While often charged as separate misdemeanors, multiple counts of DUI Child Endangerment (driving DUI with a child under 14) can lead to a habitual violator status, which can eventually trigger felony prosecution for subsequent driving offenses.

Penalties and Collateral Consequences of Felony DUI in Georgia

The penalties for a felony DUI conviction in Gwinnett County are severe and designed to be deterrents.

Direct Criminal Penalties

• Imprisonment: For a 4th DUI, you face 1 to 5 years in state prison. For Serious Injury by Vehicle, the range is 1 to 15 years per victim.
• Fines: Fines range from $1,000 to $5,000, plus significant court surcharges that can nearly double the total.
• Probation: A mandatory 5-year term of probation (minus time served in jail).
• Community Service: Minimum of 60 days (480 hours) of community service.

Collateral Consequences

As a felony DUI attorney in Gwinnett County, we warn clients about the permanent "ripple effect" of a felony:

• Loss of Civil Rights: You will lose the right to vote and the right to possess or carry a firearm.
• Habitual Violator Status: Your license will be revoked for 5 years. You may be eligible for a limited permit after 2 years, but the requirements are incredibly strict.
• Employment: Most corporate background checks will flag a felony conviction, making it difficult to maintain or secure professional employment.
• Vehicle Forfeiture: In some repeat offender cases, the state may attempt to seize and forfeit the vehicle you were driving.

The Gwinnett County Criminal Defense Process for Felony DUI

The process in Gwinnett County is unique and moves through several distinct stages.

1. The 30-Day ALS Deadline: Immediately following a felony DUI arrest, you have only 30 days to request an Administrative License Suspension (ALS) hearing or opt for an Ignition Interlock Device (IID) permit. Failure to act will result in a one-year "hard" suspension of your license before your criminal case even begins.
2. Preliminary Hearing and Bond: Because felony charges are serious, bond is not always automatic. We represent you at the bond hearing to argue for your release while the case is pending.
3. Grand Jury Indictment: Unlike misdemeanors, felony DUI cases must be presented to a Gwinnett County Grand Jury. If the Grand Jury finds enough evidence, they issue a "True Bill" of indictment, moving the case to Superior Court.
4. Gwinnett County Accountability Courts: In some cases, eligible defendants may participate in the Gwinnett County DUI Court or Drug Court. These are intensive, multi-phase programs that focus on rehabilitation. While rigorous, successful completion can sometimes lead to reduced sentencing or help avoid extended prison time.

Our Comprehensive Approach to Felony DUI Defense

We begin by reviewing every aspect of the investigation, including the traffic stop, officer observations, field sobriety tests, and any breath or blood test results. In cases involving accidents, we examine reports and records to determine whether alleged injuries or damage meet the legal requirements for a felony DUI. We also assess whether proper procedures were followed and if evidence collection or analysis raises concerns.

At Crawford and Boyle, LLC, we don't just wait for the prosecution to present their case. We conduct our own exhaustive investigation.

• Independent Accident Reconstruction: In felony cases involving injuries, we often hire expert accident reconstructionists to prove that our client was not the cause of the collision.
• Challenging Blood Evidence: Felony cases almost always involve a blood draw. We scrutinize the "chain of custody," the qualifications of the person who drew the blood, and the calibration records of the gas chromatograph used by the Gwinnett County forensic lab.
• Constitutional Motions: We file motions to suppress evidence based on Fourth Amendment violations (illegal stops) and Fifth Amendment violations (improperly obtained statements).
• Negotiating with Former Prosecutor Insight: Because our partners are former prosecutors, we know how the District Attorney’s office values cases. We use this "insider" knowledge to negotiate for reduced charges or alternative sentencing.

Our goal is to identify legal or factual weaknesses the prosecution may not focus on and to use those issues when advising you on options. Because we have handled thousands of criminal cases, we are familiar with the patterns that can appear in the state’s evidence. 

We draw on that background, along with involvement in organizations such as the National Association of Criminal Defense Lawyers and the DUI Defense Lawyers Association, to guide the defenses we present.

After A Felony DUI Arrest In This Area: What You Should Do

A felony DUI arrest is overwhelming, and it can be hard to know what to do first. Taking a few key steps early can make a difference in how your case unfolds. These steps also help protect your rights while you decide how to move forward with legal representation.

Here are practical steps to consider after a felony DUI arrest:

• Follow release and bond conditions. Keep copies of any paperwork you receive from the jail or court. Note your next court date and any conditions of release, such as no alcohol consumption or travel limits. Courts commonly take violations of these conditions seriously.
• Be cautious about statements. Avoid discussing the details of the incident with law enforcement, potential witnesses, or on social media before you have spoken with an attorney. Statements made in the heat of the moment can be misunderstood or used against you later.
• Preserve documents and information. Save tickets, incident reports, bond paperwork, and anything else you receive. If there were people with you who may have seen or heard important events, write down their names and contact information while your memory is fresh.
• Pay attention to license issues. In many Georgia DUI arrests, serious allegations can trigger administrative actions related to your driver’s license. Deadlines to request a hearing or take other steps are often short, so waiting could limit your options.
• Contact a criminal defense attorney promptly. Speaking with a felony drunk driving attorney Gwinnett County residents trust soon after your arrest allows time to evaluate deadlines, review the facts, and plan a response before key court dates.

We understand that you may be contacting a lawyer for the first time. Our team offers free consultations to talk through what has happened, answer initial questions, and discuss how we can help. Virtual appointments are available if coming to our office is difficult, and we answer calls around the clock so you can reach us when an arrest has just occurred.

Why Drivers Choose Crawford & Boyle, LLC For Serious DUI Charges

When searching for a felony DUI lawyer in Gwinnett County, many firms claim experience, but clients choose Crawford and Boyle, LLC for our proven criminal defense background and deep knowledge of local courts. Since 2010, our attorneys have provided guidance grounded in over five decades of combined legal experience, helping clients navigate complex DUI cases and pursue solutions tailored to their circumstances.

Our team is led by former prosecutors, giving us insight into how the state builds felony DUI cases and what factors influence filing decisions, plea offers, and trial strategy. We combine that perspective with careful case preparation, avoiding a one-size-fits-all approach. Memberships in professional organizations like the National Association of Criminal Defense Lawyers and the DUI Defense Lawyers Association reflect our ongoing commitment to DUI and criminal defense.

Client communication and support are central to our approach. We explain options clearly, prepare clients for hearings in Gwinnett County Superior Court, and are ready to go to trial when necessary. At the same time, we use years of negotiation experience to seek favorable resolutions when possible. Free consultations, virtual meetings, and 24/7 availability make it easy to get guidance when you need it.

Talk With Our Team About Your Felony DUI Case

At Crawford and Boyle, LLC, we bring over 50 years of combined criminal defense experience, thousands of handled cases, and a team of former prosecutors to your side. We offer free consultations, virtual meeting options, and 24/7 phone availability so it is easier to reach us when you need guidance quickly. When you contact us, we review the facts, talk through possible approaches, and help you decide how to move forward.

To discuss your felony DUI case in confidence, call (678) 726-5400 or reach out online today.