How Do You Defend a Felony DUI Case?

Answer:

Defending a felony DUI case in Georgia requires a two-track strategy. Most felony DUI charges are elevated from misdemeanor status because of prior DUI convictions. The first track is attacking those prior convictions — before any prior can be used to enhance a current charge, the government must prove it was constitutionally obtained, meaning the defendant was represented by counsel or validly waived that right, and was properly advised of and waived their Boykin rights: the right to a jury trial, to confront witnesses, and against self-incrimination. If the government cannot produce records establishing these requirements, that prior conviction can be challenged and potentially excluded. Eliminating even one prior conviction can be the difference between a felony and a misdemeanor. The second track is defending the current DUI charge on its own merits — challenging the traffic stop, chemical testing, and field sobriety test procedures.

A felony DUI charge in Georgia is most commonly based on the existence of prior DUI convictions that elevate the current offense from a misdemeanor to a felony. Defending these cases effectively requires a two-track strategy: attacking the prior convictions that form the foundation of the felony charge, and mounting a full defense against the current DUI itself.

Start With the Prior Convictions

Most people are unaware that a prior DUI conviction cannot simply be presented to a court and accepted at face value as a valid prior offense. Under Georgia law and constitutional due process principles, before a prior conviction can be used to enhance a current charge, the government must be able to demonstrate that the prior conviction was constitutionally obtained. This means the government must establish two things: first, that the defendant was represented by counsel at the time of the prior conviction, or that they knowingly and voluntarily waived the right to counsel; and second, that the defendant was advised of and waived their so-called Boykin rights on the record — the rights to a jury trial, to confront witnesses, and against self-incrimination.

If the government cannot produce records establishing these requirements for any prior conviction it seeks to use, that conviction may be challenged and, if successfully excluded, cannot be counted toward the felony threshold. Eliminating even one prior conviction from the government’s count can be the difference between a felony charge and a misdemeanor — a distinction with enormous consequences for sentencing, for the defendant’s record, and for their life going forward.

How to Challenge a Prior Conviction

Challenging a prior conviction begins with obtaining the complete record from the court where the prior case was resolved. Defense counsel will review the transcript of the prior plea proceeding — if one exists — to determine whether the required Boykin advisements were given and whether the waiver of rights was properly recorded. In many older cases, and in some courts where record-keeping practices were less rigorous, the documentation necessary to establish a constitutionally valid prior conviction simply does not exist or is incomplete.

Where records are missing, ambiguous, or affirmatively show that the required procedures were not followed, defense counsel will file the appropriate pretrial motions to have the prior conviction excluded. If successful, the court cannot consider that conviction when determining whether the current charge rises to the felony level.

Defending the Current DUI Charge

Challenging the prior convictions is the starting point in a felony DUI defense, but it does not end there. The current DUI charge must also be defended on its own merits. This involves evaluating the legality of the traffic stop and arrest, scrutinizing the administration and results of any chemical testing, examining field sobriety test procedures, and identifying any constitutional violations in how the evidence was gathered.

A felony DUI conviction in Georgia carries the potential for state prison time, a permanent felony record, lengthy license revocation, and significant fines. Given what is at stake, defending a felony DUI case requires an attorney with specific experience in both DUI law and the procedural requirements governing the use of prior convictions. If you are facing a felony DUI charge, securing experienced legal representation immediately is essential.

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Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

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5 Star Rating

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!