What is Fleeing or Attempting to Elude the Police in Georgia?

Posted by Richard Lawson | Jun 17, 2018 | 0 Comments

As a Georgia DUI Lawyer, I get calls from clients who are facing their first DUI in Georgia, and their case includes the offense of fleeing or attempting to elude. 

In today's post, I'll focus on this offense as it's a common charge. This offense of fleeing or attempting to elude is most commonly associated with offenses such as speeding in Georgia, suspended license in Georgia, reckless driving in Georgia, no proof of insurance in Georgia, and aggressive driving in Georgia. 

Below, I have outlined the law pertaining to this offense and the penalties included if convicted.

Fleeing or Attempting to Elude in Georgia

Fleeing or attempting to elude the police in Georgia is defined by Georgia Law as:

It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle. O.C.G.A. §40-6-395(a).

Most of the time, a first conviction for fleeing or attempting to elude the police in Georgia will be treated as a misdemeanor of a high and aggravated nature. The fine will be between $500 and $5,000, and the jail term could be between 10 days and twelve months. 

A second conviction in 10 years will elevate the fine to no less than $1,000 nor more than $5,000 and no less than 30 days in jail, up to one year. 

A third or subsequent conviction within 10 years, the fine will be between $2,500 and $5,000 and the minimum jail time is 90, and the maximum is 12 months. 

However, there are situations where the accused person will be charged with a felony for fleeing or attempting to elude in Georgia. This means that even the first offense could be considered a felony.

These situations include:

  • Operating a vehicle 20 MPH above the posted speed limit
  • Striking or colliding with another vehicle or a pedestrian;
  • Fleeing in traffic conditions, which place the general public at risk of receiving serious injuries; or
  • Leaving the state of Georgia.

Under these circumstances, the crime will be categorized as a felony with a punishment of a fine up to $5,000, a prison term between one and five years, or both. 

If you or a loved one has been charged with a DUI or if your DUI case involves the offense of fleeing or attempting elude the police, then contact a Georgia DUI Attorney today. We will talk you through all of your options and investigate what Georgia DUI Defenses apply to your case.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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