Cobb County DWI Defense Lawyers

DUI Laws in Georgia

Like most states, Georgia makes a number of distinctions in the way that you can be charged with DUI, based upon the circumstances surrounding your arrest. Your blood alcohol content, your age, your DUI arrest history, and whether or not you refuse a blood, breath or urine test are all factors in determining how the arresting officer will charge you.

Under 21 DUIs vs. Adult DUIs

The state of Georgia makes a distinction between underage impaired driving and DUI for drivers over the age of 21. If you are of legal drinking age, it’s unlawful for you to operate a vehicle with a BAC of .08 or higher. This is called “DUI Per Se.” (Regardless of your age, it’s also unlawful for you to operate a vehicle if you’re impaired by alcohol or drugs to the extent that you are a less safe driver. This is called “DUI Less Safe.”).

Under Georgia law, drivers under the age of 21 can be charged with per se DUI with a BAC of .02 or higher. If you are under the age of 21 and convicted of DUI with a BAC of at least .02 but less than .08, your license can be suspended for up to six months. If you’re 18 to 20 years of age and are convicted of DUI with a BAC of .08 or higher, or if you refuse to take the state-administered blood, breath, or urine test, you will face a 12 month license suspension. In either case, you’ll also be required to pay fines, complete community service, meet certain alcohol and drug education and evaluation requirements, and possibly spend some time in jail. There is no limited permit available for under 21 year old drivers in Georgia.

First-Time DUI Convictions in Georgia

Except in extreme circumstances, most first-time DUIs are misdemeanors, and although jail is a possibility, a competent DUI defense attorney can usually help you avoid getting sentenced to the maximum penalties.

Standard penalties can include:

• 24 hours in jail followed by 11 months and 29 days of probation
• $300 to $1000 in fines, plus statutory surcharges
• 40 hours of community service
• DUI Risk Reduction Program also known as DUI School
• Clinical evaluation for drug and alcohol dependency and any recommended  treatment
• MADD Victim Impact Panel
• License suspension for 120 days; limited permit may be available

It’s important to note that these penalties only apply to the DUI portion of your case. If you were charged with other crimes or there are aggravating circumstances to your DUI arrest, the penalty exposure will increase.

DUI Arrests with Prior Convictions

If you are arrested for a DUI and you have a prior conviction or convictions within the past ten years, you will face enhanced penalties:

2nd DUI (one prior conviction) in 10 years – Misdemeanor

• 72 hours of mandatory jail time followed by 11 months and 27 days on probation
• $600 – $1000 in fines, plus statutory surcharges
• 30 days of community service
• DUI Risk Reduction Program
• Clinical evaluation for drug and alcohol dependency and any recommended treatment
• Your picture and case disposition will be published in the newspaper and your tag must be surrendered to the court for any vehicle you own
• License suspension for up to three years (if a 2nd DUI within 5 years)
• The Judge has discretion to grant a limited permit that would allow a driver to apply for an Ignition Interlock Device permit after a 120-day hard suspension through the Georgia Department of Drivers Services, provided that proof is shown that the driver has completed the DUI Risk Reduction Program, completed a clinical evaluation and enrolled in a substance abuse treatment program approved by the Georgia Department of Human Services or is enrolled in a DUI/Drug Court Program, and proof that the driver has installed an ignition interlock device in any vehicle that he or she may be operating.

3rd DUI (two prior convictions) in 10 years – Misdemeanor

• 15 days of mandatory jail time followed by 11 months and 15 days on probation
• $1000 – $5000 in fines, plus statutory surcharges
• 30 days of community service
• DUI Risk Reduction Program
• Clinical evaluation for drug and alcohol dependency and any recommended treatment
• Your picture and case disposition will be published in the newspaper and your tag must be surrendered to the court for any vehicle that you own
• License revocation for up to five years if this is a 3rd DUI in 5 years. After 2 years, the driver can apply for a probationary license for use for the remaining 3-year period with certain restrictions. The driver will be declared a Habitual Violator

4th DUI (three prior convictions) in 10 years – Felony

• 90 days of mandatory jail time followed by up to 4 years and 9 months on probation
• $1000 – $5000 in fines, plus statutory surcharges
• Minimum of 480 hours (60 days) of community service
• DUI Risk Reduction Program
• Clinical evaluation for drug and alcohol dependency and any recommended treatment
• License revocation for up to five years if this is at least a 3rd DUI in 5 years. After 2 years, the driver can apply for a probationary license to use for the remaining 3-year revocation period with certain restrictions. The driver will be declared a Habitual Violator

Implied Consent & BAC-Testing Refusal

Under Georgia’s Implied Consent law, the state has conditioned your privilege to drive upon Georgia roadways on your submission to take a state administered chemical test or tests of your blood, breath, urine, or other bodily substances. You have the right to refuse to take an official state test or tests but there are consequences for such a refusal. If you refuse to take a test or tests and the police officer files a Georgia Department of Drivers Services (DDS) Form 1205, you could be subject to a 12-month hard suspension of your Georgia Driver’s License with no opportunity for a limited driving permit. If you have been arrested for DUI, it is very important to look to see if the officer served you with a DDS Form 1205.

There is a new provision in Georgia law contained in O.C.G.A. §40-5-64.1 that allows a driver to forgo an administrative hearing to contest the refusal as set out on the DDS Form 1205 and obtain a limited driving permit for 12 months if the driver installs an ignition interlock device on his or her vehicle. It is important to note that there are important deadlines and requirements that must be followed if you choose this option. Our attorneys can help explain this procedure.

The State’s DUI Case Against You

Whether you were arrested by Cobb County Police, Marietta Police, Smyrna Police, Kennesaw Police, or another Atlanta-area police department, DUI arrest procedures throughout the state of Georgia follow a similar protocol. Any deviation from procedure or established law could lead to a suppression of vital evidence against you. If that happens, your case might eventually be dismissed or your charges reduced. 

Your DUI defense lawyer will examine each step in the process to examine whether the police made an error that can help you beat your DUI charges:

• Reasonable, Articulable Suspicion for the Stop – In order for the police to investigate you for DUI, they must have a valid reason to pull you over. Some of these include witnessing a driving pattern consistent with DUI, an anonymous complaint, a driving violation, an equipment violation, or being caught in a DUI checkpoint or roadblock.
• Physical Observations – The officer should note whether you physically displayed any signs of impairment, such as bloodshot eyes, staggering, slurred speech, the odor of an alcoholic beverage, etc. 
• Field Sobriety Evaluations – Field sobriety evaluations (also called “field sobriety tests”) are designed to test your ability to listen to and follow instructions and then physically perform what the officer tells you to do. Field sobriety evaluations are often recorded by officer dash cams and/or body cam, and they’re admissible in court. Georgia police officers use the one-leg stand, the walk-and-turn, and the horizontal gaze nystagmus (HGN) evaluations to help determine whether you’re over the legal limit. Our lawyers have the experience and training to know if the officers conducted the tests properly and hold them accountable if they did not..
• Implied Consent – If officers decide to arrest you based on the evidence that they’ve collected, they will read you the Georgia implied consent law and ask you if you’ll submit to chemical testing. If you refuse, your license may be suspended, and your refusal may be used against you in court. Likewise, if you submit to the test, your results are admissible in court. The officers must read the language of the statute exactly and do it at the appropriate time. Our attorneys will review the evidence and make sure it was done according to the law.

DUI Defense Attorney in Marietta & Cobb County

If you’ve been arrested for DUI in Cobb County, you’re not alone. The state of Georgia consistently arrests over 20,000 individuals for drunk driving every year. The DUI attorneys at  Smith, Schnatmeier, Dettmering & Kilgo, LLP, have successfully defended hundreds of clients against criminal charges, like DUI. 

Contact our Marietta, GA law office at (770) 599-5328 to schedule a free initial consultation.