Fact Check: Georgia Not Making First or Second DUI a Felony

Social Media Rumor About Georgia DUI Laws Debunked

Reports circulating on social media claiming that Georgia has changed its laws to make all driving under the influence (DUI) offenses felonies have been declared false by legal experts and state officials.

The viral claims, which have spread rapidly across platforms like Facebook, have caused confusion among Georgia residents about the state’s impaired driving penalties. However, Georgia’s DUI laws remain unchanged heading into 2025, with first and second offenses continuing to be classified as misdemeanors.

Legal analysts suggest the misunderstanding likely stems from confusion between “high and aggravated misdemeanors” and felony charges. While both carry serious penalties, they have significantly different long-term consequences for those convicted.

According to Georgia’s Criminal Lawyer group, “The majority of DUI arrests are misdemeanors. But there are situations in Georgia where a DUI can be a felony.”

The Official Code of Georgia Annotated (O.C.G.A. § 40-6-391) clearly outlines the progressive nature of DUI penalties based on the number of prior convictions:

For first-time offenders, penalties include up to 12 months in jail, fines up to $1,000, and 40 hours of community service – all classified as misdemeanor offenses.

Second offenses, while still misdemeanors, bring mandatory jail time of at least 72 hours, increased fines, and longer license suspensions.

Third offenses are categorized as “high and aggravated misdemeanors,” carrying fines up to $5,000 and requiring at least 15 days of incarceration.

It is only upon a fourth DUI conviction within a 10-year period that the offense becomes a felony, potentially resulting in up to five years in prison.

However, there are specific circumstances where even a first-time DUI can be elevated to a felony charge. The law firm Rowsey & Stelter explains that “A DUI can be a felony if it is charged with serious injury by vehicle.”

Other scenarios that trigger immediate felony classification include causing death while driving impaired (vehicular homicide), operating a school bus while under the influence, or driving impaired after being designated a “habitual violator” by the state for previous driving offenses.

The distinction between misdemeanor and felony charges carries significant implications. Beyond the immediate penalties of jail time and fines, felony convictions in Georgia result in permanent criminal records and the loss of civil rights, including voting privileges and the right to own firearms.

Georgia has long maintained some of the strictest DUI laws in the Southeast, with penalties that escalate dramatically for repeat offenders. Even first-time convictions can result in considerable financial burden through fines, court costs, and mandated alcohol education programs, not to mention the impact on insurance rates.

Law enforcement agencies across the state regularly conduct sobriety checkpoints, particularly during holiday periods when impaired driving incidents typically increase. In 2024, Georgia’s Highway Safety Office reported over 20,000 DUI arrests statewide, underscoring the continued enforcement priority.

While the viral claims about all DUIs becoming felonies have been debunked, legal experts emphasize that Georgia’s existing penalties remain substantial. The state’s zero-tolerance approach to impaired driving means even first-time offenders face serious consequences that can impact employment, finances, and personal freedom.

As one fact-checking organization noted, “Don’t get spun by internet rumors. Just because you read it on Facebook doesn’t mean it’s true.”

Residents concerned about Georgia’s DUI laws are encouraged to consult official state resources or qualified legal professionals rather than relying on unverified social media claims.