Is a Fourth DUI Automatically a Felony in Georgia?

Three DUIs are bad. A fourth one changes everything.

If you’re facing a fourth DUI charge in Georgia, you need to understand what you’re up against. The penalties jump. The stakes get higher. And the way Georgia counts your prior DUIs determines whether you’re looking at a misdemeanor or a felony.

Here’s what you need to know about when a fourth DUI becomes a felony in Georgia.

Yes, But Only If It’s Within 10 Years

A fourth DUI in Georgia is automatically a felony if it happens within 10 years of your prior DUI arrests.

This isn’t just another misdemeanor with fines and probation. You’re looking at state prison time, a five-year license revocation, and a felony conviction that follows you for life.

But the 10-year window matters. If your fourth DUI falls outside that window, it gets charged as a misdemeanor, not a felony.

How Georgia Counts Your DUIs

Georgia looks back 10 years from the date of your current arrest to count prior DUI convictions.

The clock starts on the arrest date, not the conviction date. So if you were arrested for your first DUI on March 1, 2015, and you get arrested again on February 28, 2025, that first DUI still counts. It’s within the 10-year window.

Here’s how the statute breaks it down:

• First DUI: Misdemeanor
• Second DUI: Misdemeanor
• Third DUI: High and aggravated misdemeanor
• Fourth DUI (within 10 years): Felony

That fourth conviction triggers the felony charge under Georgia law.

What Are the Penalties for a Fourth DUI in Georgia?

A fourth DUI felony in Georgia brings serious consequences.

• Prison time. You face 1 to 5 years in state prison. The judge can suspend part of your sentence, but you must serve at least 90 days behind bars. That’s mandatory. No probation for those 90 days.
• Fines. You’ll pay between $1,000 and $5,000, plus court costs and surcharges. Those surcharges can double the total amount you owe.
• Community service. You’ll complete at least 60 days of community service.
• DUI school and treatment. You must complete a DUI Risk Reduction Program and undergo a clinical evaluation. If treatment is recommended, you pay for it.
• Five years of probation. After you serve your prison time, you’ll be on probation for five years minus the days you spent in prison.

What Happens to Your Record with a Felony DUI?

A felony DUI conviction in Georgia is permanent. Georgia does not allow DUI convictions to be expunged or sealed. That felony stays on your criminal record forever.

• Employment. Most employers run background checks. A felony conviction makes it harder to get hired. Some fields won’t hire felons at all.
• Housing. Landlords can deny your rental application based on a felony conviction.
• Gun rights. You lose your right to own or possess firearms. Convicted felons in Georgia cannot legally own guns.
• Voting rights. You lose your right to vote while you’re serving your sentence, including probation and parole.
• Professional licenses. If you hold a professional license (lawyer, doctor, nurse, real estate agent, etc.), a felony conviction can result in suspension or revocation of that license.

Can You Beat a Fourth DUI Charge?

Yes. But you need a good lawyer.

A fourth DUI charge doesn’t guarantee a fourth DUI conviction. If your lawyer can get one of your prior DUIs overturned, you might avoid the felony charge. Or if your lawyer can successfully challenge the evidence in your current case, you might get the charges reduced or dismissed.

Here’s what a good DUI lawyer will look for:

Problems with your prior convictions

Were you represented by a lawyer in your prior DUI cases? Did you waive any of your rights without understanding what you were doing? In rare cases, prior convictions can be challenged and overturned.

Illegal stops or searches

Did the officer have probable cause to pull you over? Was the search of your vehicle legal? If your Fourth Amendment rights were violated, evidence might get suppressed.

Faulty breathalyzer or blood tests

Breathalyzers need regular calibration and maintenance. Blood tests need proper handling and storage. If the state can’t prove the tests were done correctly, the results might not be admissible.

Violations of your rights

Were you read your Miranda rights? Were you informed of Georgia’s implied consent law? Procedural errors can sometimes lead to reduced charges or dismissals.

Fighting a fourth DUI charge requires an aggressive defense. The stakes are too high to leave anything on the table.

The 10-Year Window Matters

One important thing to understand: if your fourth DUI falls outside the 10-year window, it’s not automatically a felony.

Let’s say your first DUI arrest was on January 1, 2014. Your fourth DUI arrest happens on January 2, 2024. That’s more than 10 years. Your fourth DUI would be charged as a misdemeanor, not a felony.

But here’s the catch: the state can still use all your prior DUIs for sentencing purposes. You might not get the felony charge, but you’ll still face harsher penalties than someone with fewer DUIs on their record.

The 10-year lookback period only applies to whether the charge is a felony or not. It doesn’t erase your history.

Get Help Now

If you’re facing a fourth DUI charge in Georgia, you need a lawyer immediately.

The prosecutors know you’re facing serious time. They’re not interested in going easy on someone with three prior DUIs on their record. Your lawyer needs to be just as aggressive in your defense.

At J. Ryan Brown Law, we’ve handled DUI cases at every level, from first offenses to felony charges. We know how to challenge evidence, fight illegal stops, and negotiate with prosecutors when negotiation is the right move.

Call J. Ryan Brown Law or contact us online for a consultation. We’ll review your case, explain what you’re up against, and start building your defense.