Accused of Driving Under the Influence and Causing a Serious Injury in Georgia?

Any type of DUI offense is penalized harshly in Georgia, with consequences ranging from fines of up to $1,000, a driver’s license suspension, and up to one year of imprisonment. The punishment for those who are accused of committing an aggravated DUI, however, are even more severe. This includes situations where a person has multiple DUI convictions, is being charged with a hit and run, is accused of having a minor in the vehicle, or is being blamed for causing an injury or death while driving under the influence.

Serious Injury by Vehicle Law 

In Georgia, those who are accused of driving under the influence and of causing an accident also often end up facing charges of Serious Injury by Vehicle – DUI. A person can be found guilty of this offense if they drive under the influence and cause bodily harm to someone else by:

• Depriving that person of a part of his or her body;
• Rendering a part of the person’s body useless;
• Causing serious disfigurement; or
• Causing brain damage.

While injuries must qualify as serious for a person to be convicted of this aggravated offense, they do not need to be permanent. A dislocated hip, for instance, that rendered a person temporarily unable to walk, was deemed by one Georgia Court of Appeals to qualify as serious under state law. Whether the injury in a particular case is serious enough to justify conviction is up to the jury to decide, as there is no comprehensive list of injuries that have been deemed severe enough to satisfy Georgia’s serious injury by vehicle statute.

Penalties for Conviction in Georgia 

DUI accidents that result in a serious injury can be considered grounds for an aggravated charge of serious injury by vehicle. Unlike most DUI offenses, serious injury by vehicle is a felony crime in Georgia and as such, is punishable by at least one, but up to 15 years in prison. The severity of the sentence that a person receives will depend on a few different factors, including the defendant’s Blood Alcohol Content at the time of arrest and whether the defendant has ever been accused of driving under the influence on a prior occasion. It is possible, however, to avoid conviction by casting doubt on the prosecutor’s evidence. An improperly administered breathalyzer test or an unreasonable stop could, for instance, be enough to result in the dismissal of a defendant’s charges.

Set Up a Meeting with Andrew L. Schwartz, P.C. Today 

In Georgia, the penalties for committing an aggravated DUI offense, like serious injury by vehicle, are significant. Fortunately, those who are accused of this type of crime have the right to raise a strong defense on their own behalf and so avoid being unfairly convicted of a felony offense. For help crafting a defense to your own DUI charges, please call experienced Cobb County DUI defense lawyer Andrew L. Schwartz, P.C. at 678-853-2500 today. Our legal team is standing by and prepared to get started on your case right away.

Sources:

 law.justia.com/codes/georgia/2020/title-40/chapter-6/article-15/section-40-6-394/

scholar.google.com/scholar_case?case=5578052776288713282&q=Adams+v.+State,+259+Ga.App.+570+(2003)&hl=en&as_sdt=6,45