There is no fixed number of misdemeanors that automatically becomes a felony in Georgia. A charge becomes a felony only when the statute defining the offense classifies it as a felony or when that statute creates a felony enhancement based on facts such as prior convictions, value, injury, weapon use, victim status, or other circumstances. […]
Pretrial diversion is a prosecutor-supervised alternative that may allow an eligible person to resolve a criminal charge without a conviction after completing agreed requirements. It is not automatic, and programs differ by prosecutor, court, charge, criminal history, and county. Entry generally requires approval before the case is finally resolved. People considering diversion should compare it […]
Georgia generally suspends an adult driver who accumulates 15 or more points within 24 months. Younger-driver rules are different: a driver under 21 may face suspension for a single conviction carrying four or more points, while a driver under 18 may also face suspension after accumulating four points in 12 months. The precise result depends […]
EtG Alcohol Testing on Probation in Georgia An EtG urine test can detect evidence of alcohol exposure after alcohol itself is no longer measurable, but a positive result does not reveal an exact drinking time or amount by itself. Interpretation depends on the cutoff, collection timing, urine concentration, testing method, and the person’s pattern of […]
You can face a prescription drug DUI charge in Georgia even when a doctor prescribed the medication and you took it for a legitimate medical reason. Georgia law does not make lawful possession or use of a prescription an automatic defense. The key question is whether the State can prove the legal standard that applies […]
If you are arrested for DUI in Georgia while transporting a child under 14, one traffic stop can lead to a DUI charge plus a separate child endangerment charge under O.C.G.A. § 40-6-391(l). Each qualifying child passenger can support a separate endangerment count. Those convictions can also create separate driver’s license consequences because Georgia Department […]
If police find drugs in a borrowed car in Georgia, the driver, a passenger, the vehicle owner, or more than one person may face charges when officers believe there is probable cause connecting that person to the drugs. A borrowed vehicle does not automatically make the driver responsible, and simply sitting near drugs does not […]
A Georgia DUI blood test is not automatically lawful simply because an officer asks for one. Police may request state-administered chemical testing after a qualifying DUI arrest. Georgia law also contains separate testing provisions for certain traffic crashes involving serious injuries or fatalities. A warrantless blood draw generally requires your voluntary consent or another recognized […]
At a Georgia fair or festival, police do not receive unlimited search authority simply because the event is crowded or security is tight. Georgia festival police search rights can depend on who conducts the search, whether you consent, whether police have lawful grounds to detain or arrest you, and whether a recognized exception to the […]
Georgia hunting season weapons charges can arise even when you began the day planning a lawful hunt. Common issues include firearm possession by a convicted felon or certain people serving felony first-offender or conditional-discharge probation, hunting or firing from or across a public road, hunting while impaired, and discharging a firearm while under the influence […]