Cobb County GA DUI Defense Lawyer

In an effort to provide the highest quality of representation possible to those facing DUI defense law matters, Smith, Schnatmeier, Dettmering & Kilgo, LLP has fought to protect the rights of clients in Cobb County and beyond. Our attorneys will fiercely and tenaciously fight to ensure your rights are protected.

Smith, Schnatmeier, Dettmering & Kilgo, LLP has over 100 years of combined experience handling Cobb County DUI defense cases. We understand that choosing the right DUI defense attorney in Cobb County is a crucial decision, and we are honored whenever a client chooses our law firm. Each attorney at our firm is devoted to protecting the rights of our clients and putting their needs first.

Our primary goal at Smith, Schnatmeier, Dettmering & Kilgo, LLP is to give clients the best chance of success in their DUI defense cases. All of our attorneys are fearless advocates for justice. We are dedicated to defending those accused of DUI offenses in the Cobb County area.

Our Cobb County DUI defense lawyer is ready to fight for your rights. Call (770) 599-5328 now or contact us online to schedule your consultation.

Understanding DUI Laws in Georgia

Georgia law (O.C.G.A. § 40-6-391) defines Driving Under the Influence in several ways. You can be charged with DUI if you operate a motor vehicle while:

• Having a Blood Alcohol Concentration (BAC) of 0.08 grams or more at any time within three hours after driving. 
• Under the influence of alcohol to the extent that it is less safe for you to drive.
• Under the influence of any drug (including illegal drugs, prescription medications, or over-the-counter drugs) to the extent that it is less safe for you to drive.
• Under the combined influence of alcohol and any drug to the extent that it is less safe for you to drive.

Zero Tolerance for Minors:

For drivers under the age of 21, Georgia has a "Zero Tolerance" policy (O.C.G.A. § 40-6-391(k)). This means it is illegal for a minor to operate a motor vehicle with a BAC of 0.02 grams or more. The penalties for underage DUI are severe, including license suspension, fines, and mandatory alcohol education, even for minimal alcohol consumption. If you are a minor facing these charges, a Cobb County DUI lawyer has the specialized knowledge required to protect your future.

Other Related Offenses and Enhancements:

• Serious Injury by Vehicle (O.C.G.A. § 40-6-394): If your impaired driving causes serious bodily injury to another person, it is a felony offense.
• Homicide by Vehicle (O.C.G.A. § 40-6-393): If your impaired driving causes the death of another person, it is a felony offense, ranging from a First-Degree Misdemeanor to a Felony, depending on the circumstances (e.g., hit-and-run, reckless driving).
• Child Endangerment (O.C.G.A. § 40-6-391(l)): If you are arrested for DUI with a child under 14 years old in the vehicle, the charge is automatically elevated to a separate misdemeanor offense for each child, in addition to the DUI. This can lead to additional jail time and fines.
• Open Container (O.C.G.A. § 40-6-253): While not a DUI itself, possessing an open alcoholic beverage container in the passenger area of a vehicle is a misdemeanor, which can add to the penalties of a DUI.

Understanding these distinctions and potential enhancements is where a dedicated DUI defense attorney in Cobb County proves invaluable.

Penalties for DUI Convictions in Georgia

The penalties for a DUI conviction in Georgia are severe and escalate significantly with each subsequent offense within a 10-year "look-back" period (measured from arrest date to arrest date). This 10-year rule means that prior DUI convictions can drastically increase the consequences of your current charge.

First Offense (Misdemeanor):

• Jail Time: Minimum of 24 hours up to 12 months in county jail. (Some jurisdictions may waive minimum jail time if certain conditions are met.)
• Fines: $300 to $1,000, plus statutory surcharges and court costs, often totaling over $1,500.
• License Suspension: Mandatory 120-day suspension. After 120 days, and upon completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI School) and payment of a $210 reinstatement fee, you may be eligible for a limited driving permit (with an Ignition Interlock Device or "IID" if applicable, depending on conditions).
• Community Service: Mandatory minimum of 40 hours.
• Probation: A minimum of 12 months, minus any jail time served. Probation conditions will be strict and may include random drug/alcohol testing, regular reporting, and participation in treatment programs.
• DUI Alcohol or Drug Use Risk Reduction Program (DUI School): Mandatory completion. This is a 20-hour course.
• Clinical Evaluation: A substance abuse evaluation may be required, with recommended treatment.

Second Offense (within 10 years, Misdemeanor of a High and Aggravated Nature):

• Jail Time: Mandatory minimum of 72 consecutive hours (3 days) up to 12 months. Many judges impose more than the minimum.
• Fines: $600 to $1,000, plus statutory surcharges and court costs.
• License Suspension: Mandatory 3-year license suspension. After 120 days, you may be eligible for a limited driving permit if you install an Ignition Interlock Device (IID) and complete DUI School and a clinical evaluation.
• Community Service: Mandatory minimum of 30 days (240 hours).
• Probation: A minimum of 12 months, minus any jail time served.
• Ignition Interlock Device (IID): Mandatory installation in your vehicle, typically for a period of 12 months, once eligible for a limited permit. The costs for installation and monthly monitoring are borne by the offender.
• Clinical Evaluation & Treatment: Mandatory substance abuse evaluation and completion of any recommended treatment programs.
• Vehicle Tag Surrender: Your license plate will be surrendered to the court.
• Publication: Your photograph, name, and address may be published in the local newspaper at your expense as a habitual violator.

Third or Subsequent Offense (within 10 years, Misdemeanor of a High and Aggravated Nature):

• Jail Time: Mandatory minimum of 15 days (360 consecutive hours) up to 12 months.
• Fines: $1,000 to $5,000, plus statutory surcharges and court costs.
• License Revocation: Mandatory 5-year license revocation. You will face a longer "hard suspension" period before any eligibility for an IID restricted permit.
• Community Service: Mandatory minimum of 30 days (240 hours).
• Probation: A minimum of 12 months, minus any jail time served.
• Ignition Interlock Device (IID): Mandatory installation, potentially for a longer period, once eligible for a permit.
• Clinical Evaluation & Treatment: More intensive substance abuse evaluation and completion of any recommended treatment programs.
• Vehicle Forfeiture: In some cases, the vehicle used during the offense may be subject to seizure and forfeiture.
• Habitual Violator Status: You will be declared a "Habitual Violator" (HV), which carries additional long-term consequences and restrictions on your driving privileges. A Cobb County DUI lawyer understands the profound impact of this designation.
• Publication: Your photograph, name, and address will be published in the local newspaper at your expense.

If the fourth DUI offense occurs within a 10-year period, it can potentially be prosecuted as a felony. The escalating nature of these penalties means that each subsequent DUI arrest requires an even more aggressive and sophisticated defense strategy. A DUI defense attorney in Cobb County from our firm will tirelessly work to avoid these catastrophic outcomes.

Administrative License Suspension (ALS) Hearing

Separate from the criminal charges, the Georgia Department of Driver Services (DDS) initiates an administrative action to suspend your driver's license. This suspension is independent of, and often occurs before, any criminal conviction.

You have only 30 calendar days from the date of your arrest to act. You must either:

• Request an Administrative License Suspension (ALS) Hearing: This hearing allows you to challenge the automatic suspension of your license.
• Submit to the Ignition Interlock Device (IID) Permit (if eligible): You can choose to install an IID and apply for a limited driving permit immediately. For adult first offenders, this can avoid the "hard suspension" period. However, eligibility for this option is restricted for repeat offenders or those who refused a chemical test.

If you fail to take either action within the 30-day window, your license will automatically be suspended for a minimum of one year (for a first offense), and potentially much longer for subsequent offenses or refusals, even if your criminal case is later dismissed.

Proven Defense Strategies

At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we employ a variety of defense strategies tailored to the unique circumstances of each client’s case. Understanding that no two cases are the same, we leverage our comprehensive legal knowledge, exploring avenues such as negotiating plea deals, advocating for reduced charges, and, when necessary, preparing for trial. Our approach is always client-focused, ensuring each strategy aligns with the client’s best interests.

Our firm leverages deep-rooted connections in the Cobb County legal community to enhance our ability to provide effective representation. Knowing the local prosecutors, judges, and courtroom procedures enables us to navigate the complexities of the Cobb County legal system more efficiently. This insider perspective is invaluable in crafting a defense that is both strategic and informed by the nuances of local practice.

The Importance of Legal Guidance

Having a DUI conviction on your record can have long-lasting impacts beyond immediate penalties, affecting your career prospects, insurance premiums, and personal reputation. At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we recognize the gravity of these charges and are committed to offering guidance that helps mitigate potential repercussions. Our attorneys work closely with clients to ensure they understand each step of the legal process and the implications of every decision made along the way.

Our Cobb County DUI defense lawyer offers aggressive representation and personalized legal guidance. Call (770) 599-5328 today or contact us online for a consultation.