On June 21, 2024, the U.S. Supreme Court issued a landmark decision in Erlinger v. United States (602 U.S. ____ (2024), No. 23-370), a case that has significant implications for sentencing enhancements under the Armed Career Criminal Act (ACCA). While this case specifically addressed federal sentencing for firearm possession, its reasoning could ripple into state-level prosecutions, including felony DUI cases in Georgia, particularly for fourth DUI convictions within a 10-year period. At George C. Creal, Jr., PC, we are closely examining this decision to understand how it may affect our clients facing felony DUI charges. Below, we break down the Erlinger ruling, its constitutional foundation, and its potential impact on Georgia DUI law.

The Erlinger Decision: A Recap

In Erlinger v. United States, the Supreme Court addressed whether a judge or a jury should determine if a defendant's prior convictions were committed on "occasions different from one another" under the ACCA. The ACCA imposes a mandatory 15-year minimum sentence for individuals convicted of possessing a firearm as a felon if they have three prior convictions for violent felonies or serious drug offenses committed on separate occasions.

Paul Erlinger, charged with being a felon in possession of a firearm, faced an ACCA enhancement based on prior burglary convictions. He argued that these burglaries were part of a single criminal episode and that the question of whether they occurred on separate occasions should be decided by a jury, not a judge. The district court rejected this argument, and the Seventh Circuit affirmed, allowing the judge to make this determination under a preponderance-of-the-evidence standard.

The Supreme Court, in a 6-3 decision authored by Justice Gorsuch, reversed the Seventh Circuit, holding that the Fifth and Sixth Amendments require a unanimous jury to determine beyond a reasonable doubt whether prior offenses were committed on separate occasions for ACCA purposes. The Court's reasoning relied heavily on Apprendi v. New Jersey (530 U.S. 466 (2000)), which established that any fact (other than the fact of a prior conviction) that increases the penalty for a crime beyond the statutory maximum must be submitted to a jury and proved beyond a reasonable doubt.

The Court emphasized that determining whether prior offenses occurred on separate occasions involves fact-finding beyond the mere existence of prior convictions. This includes assessing the timing, location, and nature of the offenses—questions that, under Apprendi, must be resolved by a jury. The Court rejected the government's argument that judges could make these determinations, noting that doing so would "intrude on a power the Fifth and Sixth Amendments reserve to the American people."

How Erlinger Relates to Georgia DUI Law

In Georgia, DUI offenses are typically charged as misdemeanors, but a fourth DUI conviction within a 10-year period is a felony under O.C.G.A. § 40-6-391(c)(4). This felony designation carries severe penalties, including a potential prison sentence of one to five years and fines ranging from $1,000 to $5,000. To secure a felony conviction for a fourth DUI, prosecutors must prove the existence of three prior DUI convictions within the 10-year look-back period, as well as the dates of those convictions.

While Erlinger specifically addressed the ACCA, its constitutional principles could impact Georgia DUI prosecutions, particularly in felony cases, for the following reasons:

1. The Right to a Jury Determination for Sentencing Enhancements

Under Erlinger, any fact that increases the prescribed range of penalties to which a defendant is exposed must be resolved by a unanimous jury beyond a reasonable doubt. In Georgia, felony DUI prosecutions for fourth offenses rely on the fact of prior convictions and their timing (within 10 years). While the Supreme Court has historically allowed judges to determine the "fact of a prior conviction" under Almendarez-Torres v. United States (523 U.S. 224 (1998)), Erlinger limits this exception. The Court clarified that judges can only determine the crime and its elements as they existed at the time of conviction—not additional facts like the dates of the offenses or their relationship to one another.

In Georgia, felony DUI enhancements depend on the timing of prior convictions (within 10 years). Determining whether these convictions fall within the look-back period involves fact-finding beyond the mere existence of the convictions. Under Erlinger, this could mean that defendants have a constitutional right to have a jury determine whether their prior DUI convictions meet the criteria for felony enhancement, rather than leaving this decision to a judge.

2. Impact on Fourth DUI Convictions

A fourth DUI within 10 years is a felony in Georgia, and the prosecution must prove the dates of the prior convictions to establish eligibility for felony sentencing. This process often involves judicial findings based on court records, plea agreements, or other documents. However, Erlinger suggests that such fact-finding—particularly regarding the timing and relationship of prior offenses—may need to be submitted to a jury. This could complicate felony DUI prosecutions, as prosecutors would need to present evidence to a jury to prove beyond a reasonable doubt that the prior convictions fall within the 10-year period.

For example, if a defendant disputes the accuracy of the dates or argues that the prior convictions were part of a single episode (e.g., multiple DUI arrests stemming from a single incident), Erlinger could require these issues to be resolved by a jury. This shift could increase the burden on prosecutors and potentially lead to more rigorous defense strategies challenging the felony enhancement.

3. Retroactive Application and Pending Cases

The Erlinger decision may also have retroactive implications for defendants previously sentenced as felony DUI offenders in Georgia. If the sentencing judge, rather than a jury, determined the timing of prior convictions, defendants could argue that their sentences violate the Fifth and Sixth Amendments under Erlinger. This could lead to post-conviction challenges, particularly for those serving lengthy prison terms for fourth DUI convictions.

Additionally, for pending felony DUI cases, defense attorneys may now demand jury trials on the issue of prior convictions, citing Erlinger. This could delay prosecutions and require courts to adapt their procedures to comply with the Supreme Court's ruling.

4. Potential Legislative Responses

The Erlinger decision may prompt Georgia lawmakers to revisit the state's DUI laws, particularly the felony enhancement provisions. If jury determinations become required for felony DUI sentencing, the legislature might need to clarify how prosecutors should present evidence of prior convictions to juries and ensure compliance with constitutional standards. This could lead to amendments to O.C.G.A. § 40-6-391 or related statutes to address the procedural changes mandated by Erlinger.

Practical Implications for Georgia DUI Defendants

For individuals facing felony DUI charges in Georgia, Erlinger offers new opportunities to challenge sentencing enhancements. At George C. Creal, Jr., PC, we are prepared to leverage this decision to protect our clients' constitutional rights. Here are some key takeaways:

Demand Jury Determinations: If you are facing a fourth DUI charge, we may argue that the timing and relationship of your prior convictions must be determined by a jury, not a judge, under Erlinger. This could shift the burden to the prosecution to prove these facts beyond a reasonable doubt.

Challenge Prior Sentences: If you were previously sentenced as a felony DUI offender and the judge made findings about your prior convictions, we may explore post-conviction relief options based on Erlinger.

Strategic Defense Planning: The Erlinger decision could complicate felony DUI prosecutions, giving us additional leverage to negotiate plea deals or challenge the felony enhancement altogether.

The U.S. Supreme Court's decision in Erlinger v. United States reaffirms the fundamental right to a jury trial under the Fifth and Sixth Amendments, particularly for facts that increase sentencing exposure. While the case directly addressed federal sentencing under the ACCA, its principles could significantly impact Georgia DUI prosecutions, especially for fourth DUI convictions within 10 years, which are felony offenses. At George C. Creal, Jr., PC, we are committed to staying at the forefront of legal developments like Erlinger to provide the best possible defense for our clients.

If you or a loved one is facing a felony DUI charge in Georgia, contact us today for a free consultation. We will review your case, assess the potential impact of Erlinger, and develop a strategic defense to protect your rights and future.

George C. Creal, Jr., PC

Atlanta DUI Lawyers 

Experienced, Aggressive, and Committed to Your Defense