2nd DUI Lawyer in Cobb County

Call Our Multiple DUI Attorneys To Fight For Your Rights

Facing criminal charges of any severity can be an overwhelming experience. Your best bet is to consult a criminal defense lawyer that handles repeat DUI cases, so you can start taking back control over your life.

For the past 100 years, Smith, Schnatmeier, Dettmering, Kilgo, Hobson & Hobson, LLP have been representing clients all throughout the Cobb County area. If you or someone you love is in need of a 2nd DUI lawyer in Cobb County, Smith, Schnatmeier, Dettmering & Kilgo, LLP are a phone call away from guiding you on the right track. A qualified 2nd DUI attorney will work closely with you to expand your opportunities for a favorable result.

A second or third DUI arrest requires an elite level of advocacy. Reach out to our Cobb County multiple DUI lawyers at (770) 599-5328 or through our contact form.

Legal Landscape for Repeat DUI Offenders in Cobb County

Georgia law operates on a "10-year look-back period." This means any DUI conviction (or plea of nolo contendere) within the last decade is counted against you. If your current arrest is your second or third within that window, you are facing "high and aggravated" misdemeanor status.

Penalties for a Second DUI (Within 10 Years)

A second conviction is designed to be life-disrupting. In 2026, the mandatory minimums include:

• Jail Time: A mandatory minimum of 72 hours in the Cobb County Adult Detention Center, though judges often sentence between 90 days and 12 months (most of which may be probated).
• Fines: Between $600 and $1,000, plus statutory surcharges that can exceed 50% of the base fine.
• License Suspension: A 3-year suspension. You may be eligible for an Ignition Interlock Device (IID) permit after 120 days of a "hard suspension."
• Community Service: A mandatory minimum of 30 days (240 hours).
• Clinical Evaluation: Mandatory substance abuse evaluation and potential enrollment in a treatment program.

Penalties for a Third DUI (The "Habitual Violator")

A third DUI within a 5-year period triggers Habitual Violator (HV) status, one of the most severe designations in Georgia traffic law.

• Jail Time: A mandatory minimum of 15 days behind bars, with a total sentence of up to 12 months.
• Fines: $1,000 to $5,000 plus surcharges.
• License Revocation: A 5-year revocation. There is no limited permit available for at least the first two years.
• Public Shame: Your name, photo, and address must be published in the Cobb County legal organ (the local newspaper) at your own expense.
• Vehicle Seizure: The state may confiscate the license plates for every vehicle you own.

How We Approach Defending Second and Multiple DUI Charges

Defending a second or multiple DUI charges requires a careful, structured approach because the penalties and long-term consequences are more serious. Our process begins with a detailed discussion of the stop and arrest, allowing us to compare your account with police reports, video footage, and prior case outcomes. We also review any completed conditions or treatment records that may be relevant in court.

We then analyze the legality of the traffic stop, the administration of field sobriety tests, and compliance with Georgia rules for breath or blood testing. Medical conditions, fatigue, or environmental factors are also considered. Alongside this review, we discuss license issues, probation terms, and mandatory requirements, helping you weigh options that may reduce disruption to your work and personal life.

When the state has a record of your prior convictions, they often become overconfident. As a seasoned Cobb County multiple DUI lawyer, our firm exploits this by meticulously reviewing every detail of your current arrest.

• Challenging the Initial Stop: Did the officer have "reasonable suspicion" to pull you over? We look at dashcam footage to determine if your driving truly justified the stop.
• Field Sobriety Test (FST) Errors: Officers often fail to follow the strict NHSTA standards when administering the "Walk and Turn" or "One Leg Stand." We use our experience to show that environmental factors—like the uneven terrain of a Cobb County roadside—compromised the results.
• Chemical Test Reliability: We scrutinize the calibration logs of the Intoxilyzer 9000. If the machine wasn't maintained or the operator's permit had expired, the results may be inadmissible.
• Prior Conviction Validity: We verify that your prior out-of-state convictions actually meet the Georgia criteria to be used as enhancements.

The Path Through Cobb County State Court

Most multiple DUI cases in our area are handled in the State Court of Cobb County. Because these are "high and aggravated" misdemeanors, the prosecution is typically handled by the Solicitor General’s Office, which is known for its strict stance on repeat offenders.

Administrative License Hearings (The 30-Day Rule)

You have only 30 days from the date of your arrest to file an appeal with the Department of Driver Services (DDS). If you miss this window, your license will be automatically suspended before you even have your first day in court. We handle this administrative battle to preserve your right to drive while your criminal case is pending.

The Role of DUI Court

For some repeat offenders, the best path is enrollment in the Cobb County DUI Court Program. This is an intensive, supervised treatment program that, while demanding, can often help you avoid extended jail time and provide a path to license reinstatement. Our firm evaluates your eligibility for this program as part of our comprehensive defense strategy.

The state is moving quickly to revoke your license and your freedom. Contact a premier multiple DUI attorney in Cobb County by calling (770) 599-5328 or reaching out online. Put our 100+ years of combined experience to work for your defense.