According to reports out of Atlanta, a driver fled police and the chase resulted in a deadly wreck. Police stated that a passenger in the fleeing driver's vehicle was critically injured when the driver made the decision to run a red light and crashed at the intersection of Holmes and MLK Drives.

Unfortunately, the passenger was taken to Grady in critical condition, but he was announced dead on arrival.

As an Atlanta DUI Lawyer, I will outline the offense of fleeing or attempting to elude in Atlanta in today's post as it can be a very serious offense with very serious consequences as in the story above.

Fleeing Police and Atlanta DUI Charges

Fleeing law enforcement and Atlanta DUI charges are often seen together as drivers tend to make the decision to run away from police out of fear of further investigation. According to the Georgia Code, fleeing or attempting to elude is defined in O.C.G.A. §40-6-395 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.

Even a first-time offense of fleeing or attempting to elude is classified as a high and aggravated misdemeanor. Moreover, the offense becomes even more serious when the fleeing is under any of the following conditions:

1. Driving in excess of 20 mph over the posted limit;
2. Striking or colliding with another vehicle or a pedestrian;
3. Fleeing in traffic conditions which place the general public at risk;
4. Leaving the state; or
5. Driving under the influence of alcohol or drugs.

In these cases, the eluding charge becomes a felony punishable by a fine of $5,000 and imprisonment for a minimum of one year, with up to 5 years possible imprisonment. 

Practice Note

Fleeing can lead to serious injury by vehicle in Atlanta or even worse - vehicular homicide in Atlanta. The punishments you might face if convicted of a DUI in Atlanta are harsh and very unforgiving, but if convicted of additional charges, the penalties will be even worse.

If you or a loved one has been arrested in Atlanta, contact an Atlanta DUI Attorney today.