Felony DUI Lawyer in Cumming, GA

Strong Defense for High-Stakes DUI Charges in Forsyth County

A felony DUI charge isn’t a more serious version of a traffic ticket. A conviction can mean prison time, a permanent criminal record, and consequences that a misdemeanor DUI never carries. The Epps Law Group is based in Cumming, and Attorney Kyle E. Epps, III defends clients facing exactly these kinds of charges.

Time matters immediately after a felony DUI arrest. Call us at (678) 257-4507 for a free consultation so we can begin reviewing your case.

What Makes a Georgia DUI a Felony

Most DUI charges in Georgia are prosecuted as misdemeanors, but several circumstances push a charge into felony territory under OCGA 40-6-391. Understanding which applies to your situation is the first step in building a defense.

• Fourth offense within 10 years: A fourth DUI conviction within a rolling 10-year lookback period is a felony that can carry a prison term of one to five years and a fine of $1,000 to $5,000. The lookback is measured from the date of each prior arrest that resulted in a conviction, not from the conviction date itself.
• Serious injury or death: Even a first DUI arrest can carry felony-level penalties when a crash causes serious bodily injury or death to another person.
• Habitual violator status: A driver who accumulates three qualifying DUI convictions within five years can be declared a habitual violator. Driving after that designation is a separate felony offense.

What a Felony DUI Conviction Costs You

A felony DUI sentence typically requires a mandatory minimum period of confinement even when the remainder of the sentence is suspended. Beyond incarceration, sentencing generally includes a minimum term of community service, completion of a DUI Risk Reduction Program, and a clinical evaluation.

Georgia’s implied consent law adds an administrative layer: refusing a state-administered chemical test can trigger a separate license suspension independent of any criminal outcome. And unlike many criminal convictions, a DUI conviction in Georgia can’t be expunged. The same restriction applies to a reckless driving conviction that originated as a DUI charge.

Where Felony DUI Cases Are Prosecuted in Forsyth County

Where your case is heard matters. Forsyth County State Court handles misdemeanor DUI and traffic offenses. Forsyth County Superior Court holds exclusive jurisdiction over felony charges, and that’s where a felony DUI case is typically tried. Cases that begin in Cumming Municipal Court or Forsyth County Probate Court can be bound over to Superior Court when felony charges apply or when a jury trial is requested. Knowing that path and how to respond at each stage is central to an effective defense.

Attorney Kyle Epps’s Background in DUI Enforcement

Before practicing criminal defense, Kyle Epps spent fourteen years in law enforcement. He served as a SWAT operator, founded the Cobb County Gang Unit, worked as a prosecutor at the Forsyth County Solicitor’s Office, and has served as both a police officer and Judge Pro Tem. He has been a member of the Georgia Bar since 1996 and is admitted to practice before the U.S. Court of Appeals for the Eleventh Circuit.

That background means he has stood on the arresting side of a DUI stop. He knows the procedures officers are trained to follow, the field sobriety tests they administer, and the chemical testing equipment they use. That knowledge directly shapes how we build a felony DUI defense for every client we represent.

How We Build a Felony DUI Defense

Every case starts with a thorough review of the traffic stop. Was the initial stop legally justified? Were field sobriety tests administered according to standardized procedures? Was the chemical testing equipment properly calibrated and handled? Weaknesses in any of these areas can change the direction of a case.

When the charge rests on prior convictions falling within the 10-year lookback window, we scrutinize the arrest dates and the validity of each prior conviction. A conviction that doesn’t qualify under the lookback rule may reduce a felony charge to a misdemeanor. Our goal in every case is a not-guilty verdict, a dismissal, or a reduction in charges and penalties, and the strategy we develop is tailored to your specific circumstances. We keep you informed at every step.

Start Your Defense Before the 30-Day Deadline

After a DUI arrest in Georgia, you generally have 30 calendar days to file the appropriate paperwork to preserve your driving privileges. Miss that window and an automatic suspension can take effect regardless of how your criminal case resolves. The criminal side of a felony DUI carries its own urgent timeline as well.

The Epps Law Group offers a free initial consultation. Call (678) 257-4507 now to speak with Attorney Kyle Epps about your felony DUI case in Cumming.