How do you defend a felony DUI case in Georgia?

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 on the defendant's record. The first track is attacking those prior convictions — because under Georgia law and constitutional due process principles, a prior conviction cannot simply be accepted at face value. Before it can be used to enhance a current charge, the government must prove the conviction was constitutionally obtained: that the defendant was represented by counsel or validly waived that right, and that they were properly advised of and waived their Boykin rights — the right to a jury trial, the right to confront witnesses, and the right 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 charge — a distinction with enormous consequences. The second track is defending the current DUI charge on its own merits, including challenging the traffic stop, chemical testing, and field sobriety test procedures. Brett Willis Law LLC handles both tracks aggressively and simultaneously.

What are Boykin rights and why do they matter in a felony DUI case?

Boykin rights are constitutional rights that every defendant must be advised of and must knowingly and voluntarily waive before a guilty plea can be accepted. They include the right to a jury trial, the right to confront witnesses, and the right against self-incrimination. In a felony DUI case, if the government seeks to use a prior DUI conviction to elevate the current charge, it must be able to demonstrate that the defendant was properly advised of and waived these rights at the time of the prior plea. In many older cases and in courts with less rigorous record-keeping practices, the documentation establishing valid Boykin waivers simply does not exist. If it cannot be produced, that prior conviction may be successfully challenged and excluded from the felony enhancement count.

How do you challenge a prior DUI conviction in Georgia?

Challenging a prior DUI conviction begins with obtaining the complete record from the court where the prior case was resolved. Defense counsel reviews 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 on the record. In many older cases or in courts with incomplete records, this documentation is missing, ambiguous, or affirmatively shows the required procedures were not followed. Where that is the case, defense counsel files the appropriate pretrial motions to have the prior conviction excluded. A successful challenge can reduce a felony DUI to a misdemeanor, which carries dramatically different sentencing consequences.

What defenses apply to the current DUI charge in a felony DUI case?

Challenging prior convictions is the starting point but is never the end of a felony DUI defense. The current DUI charge must also be contested on its own merits. This means evaluating the legality of the traffic stop and arrest, scrutinizing the administration and results of any chemical testing — including breath and blood tests — examining whether field sobriety tests were properly administered, and identifying any constitutional violations in how evidence was gathered. A successful suppression motion can eliminate key evidence and fundamentally alter the government's ability to prove impairment. Given that a felony DUI conviction in Georgia carries the potential for state prison time, a permanent felony record, lengthy license revocation, and significant fines, every available defense must be fully developed.

How can Brett Willis Law LLC help with a felony DUI case in Georgia?

Brett Willis Law LLC defends clients facing felony DUI charges throughout Gainesville, Hall County, and North Georgia. Attorney Brett Willis — a Harvard Law School Trial Advocacy Program Instructor, named to The Fulton County Daily Report's 10 Lawyers You Need to Know, and recognized with a Super Lawyers rating — brings deep trial experience and technical knowledge to every felony DUI case. The firm pursues both tracks of the defense simultaneously: challenging the prior convictions used to elevate the charge to felony status and mounting a full defense against the current DUI on the merits. With state prison exposure, a permanent felony record, and lengthy license revocation at stake, experienced legal representation is essential from the moment of arrest. Contact Brett Willis Law LLC for a free consultation.

How Do You Defend a Felony DUI Case?

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.

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

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.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

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!!!!!