Last updated: October 27, 2026

Serious injury by vehicle is a felony in Georgia. It applies when a driver causes a crash that leaves another person with a specific, severe type of injury while driving recklessly, driving under the influence, or after leaving the scene of the accident. This guide explains what O.C.G.A. § 40-6-394 says, what the State has to prove, the possible penalties, and the defenses that are commonly raised. If you or a family member has been charged, you can also read about our serious injury by vehicle defense.

What the Law Says: O.C.G.A. § 40-6-394

Georgia law creates two versions of the offense:

• Reckless driving or DUI (subsection (b)). A person who, without malice aforethought, causes an accident that results in bodily harm while violating Georgia’s reckless driving or DUI laws (Code Sections 40-6-390 through 40-6-391).
• Leaving the scene (subsection (c)). A person who, without malice aforethought, proximately causes an accident that they knew resulted in bodily harm and then leaves the scene in violation of O.C.G.A. § 40-6-270(b). There is no violation of this subsection if the people involved exchanged motor vehicle insurance information before leaving.

“Without malice aforethought” means the State does not have to prove that the driver meant to hurt anyone. A crash that was not intentional can still lead to this charge, but the State must prove the reckless driving, DUI, or leaving-the-scene element.

What Counts as “Bodily Harm”?

The statute defines bodily harm narrowly. It is an injury to another person that:

• deprives the person of a member of their body;
• renders a member of their body useless;
• seriously disfigures their body or a member of it; or
• causes organic brain damage that renders the body or any member of it useless.

Georgia appellate courts have held that the injury does not have to be permanent. In Wells v. State (2009), a severe eye injury was enough even though the eye was not shown to be permanently useless, and in Adams v. State (2003), seriously impaired walking was sufficient. Whether injuries such as broken bones amount to “serious disfigurement” depends on the facts and is usually decided by the jury (Harris v. State, 2005). This makes the medical evidence one of the most contested parts of these cases.

Penalties for Serious Injury by Vehicle

• Reckless driving or DUI version: felony, 1 to 15 years in prison.
• Leaving-the-scene version: felony, 1 to 10 years in prison.
• Driver’s license: a conviction under subsection (b) carries a three-year license suspension, without eligibility for a limited driving permit (O.C.G.A. § 40-5-63(d)(1)).

Each injured person can be charged as a separate count, so a single crash can lead to several felony counts. If someone dies, prosecutors may charge vehicular homicide as well; see our guide to vehicular homicide charges in Georgia.

Can you be convicted of both DUI and serious injury by vehicle?

When DUI is the basis for the serious injury charge, Georgia courts treat the DUI as a lesser included offense, so a person cannot be convicted and punished for both (Hannah v. State, 2006). Reckless driving is analyzed case by case; in Croft v. State (2006), the court found the reckless driving and serious injury charges were based on separate acts and did not merge.

How It Differs From Vehicular Homicide and Aggravated Assault

• Vehicular homicide (O.C.G.A. § 40-6-393): applies when the crash causes a death.
• Serious injury by vehicle (O.C.G.A. § 40-6-394): applies when the crash causes bodily harm as defined above.
• Aggravated assault: may be charged when the State claims a vehicle was intentionally used as a weapon, which requires intent rather than “without malice.” See aggravated assault charges in Georgia.

How These Cases Are Investigated

Serious injury by vehicle cases are usually built from several kinds of evidence: crash reconstruction (speed, braking, vehicle positions and event data recorder information), breath or blood test results in DUI cases, witness statements, video from nearby cameras or dashcams, and the injured person’s medical records. Each of these can be examined for accuracy and for how it was collected.

Common Defenses

• Causation. The State must prove that the DUI or reckless driving caused the accident and the injury. Another driver’s conduct, road conditions or mechanical failure may break that link. In Dunagan v. State (2008), the Supreme Court of Georgia held that evidence about the design of the intersection was relevant to the defense of accident.
• The injury does not meet the legal definition. Not every painful or serious-looking injury is “bodily harm” under the statute.
• Challenging the DUI evidence. The traffic stop, field sobriety tests, breath or blood testing procedures and chain of custody can all be reviewed.
• Challenging “reckless” driving. Reckless driving requires reckless disregard for the safety of persons or property, which is more than ordinary carelessness.
• Leaving-the-scene cases. Whether the driver actually knew someone was hurt, and whether insurance information was exchanged.
• The charging document. In Heath v. State (2019), a conviction was affected because the indictment did not properly allege the reckless driving or DUI element.

What If You Were Driving Without a License?

Driving without a valid license is a separate offense under O.C.G.A. § 40-5-20. On its own it does not create a serious injury by vehicle charge, which requires DUI, reckless driving or leaving the scene, but the two can be charged together. Read more in our guide to driving without a license in Georgia.

What to Do If You Are Under Investigation or Charged

• Avoid discussing the crash with insurance companies or investigators before you get legal advice.
• Keep any photos, dashcam footage, phone records and repair records.
• Write down the names of witnesses while you still remember them.
• Do not post about the crash on social media.
• Speak with a criminal defense attorney before your first court date. Our guides to what happens after a felony arrest in Georgia and your first court appearance explain the early stages.

Frequently Asked Questions

Is serious injury by vehicle a felony in Georgia?

Yes. Both the reckless driving or DUI version and the leaving-the-scene version are felonies.

How much prison time can you get?

One to 15 years for the reckless driving or DUI version, and one to 10 years for the leaving-the-scene version, for each count.

Does the injury have to be permanent?

No. Georgia courts have upheld convictions where the injured part of the body was not permanently useless, as long as the injury met the statute’s definition.

Can I be charged if the crash was an accident?

Yes. The State does not have to prove intent to injure. It does have to prove that the crash happened while you were driving under the influence or recklessly, or that you left the scene knowing someone was hurt.

Will I lose my driver’s license?

A conviction under subsection (b) leads to a three-year suspension, and a limited driving permit is not available under O.C.G.A. § 40-5-63(d)(1).

Talk to a Defense Attorney

The Law Office of Jennifer Scalia represents people charged with serious injury by vehicle in Cumming and across Forsyth, Hall, Dawson and Lumpkin counties. Call (470) 505-9791 for a free, confidential consultation.

Sources: O.C.G.A. § 40-6-394 (2025); O.C.G.A. § 40-5-63(d)(1); Georgia appellate decisions cited above.

Disclaimer: This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, so please contact the Law Office of Jennifer Scalia for advice about your specific situation.