Caught With Alcohol in the Car While Intoxicated, What Are My Charges in Cobb County?
If you find yourself facing charges for driving under the influence of alcohol in Marietta, Georgia, you are likely feeling stressed and uncertain about what comes next. Being arrested for a DUI is a serious matter with potentially severe consequences. However, knowing what to expect in terms of the charges you may be facing can help you take the right steps to protect your rights and future.
Open Container vs DUI
First, it is important to understand the difference between an open container violation and a DUI charge. Simply having an open container of alcohol in your vehicle is illegal under Georgia’s open container laws. This is a misdemeanor offense punishable by a fine of up to $200. However, if you are pulled over and the officer has reason to suspect you are intoxicated, you will likely face DUI charges rather than just an open container violation. Signs of intoxication can include slurred speech, bloodshot eyes, erratic driving, the odor of alcohol, and failing field sobriety tests.
DUI Charges in Georgia
In Georgia, you can be charged with DUI for operating a vehicle with a blood alcohol concentration (BAC) of:
- 08% or higher if you are over 21
- 02% or higher if you are under 21
- 04% or higher if you are operating a commercial vehicle
Even if your BAC is below the legal limit, you can still be charged with DUI if your alcohol consumption has made it less safe for you to drive. A first-offense DUI is a misdemeanor, but the consequences are much more severe than an open container charge. Penalties may include:
- 10 days to 12 months in jail
- $300 to $1000 in fines plus court surcharges
- 12 months probation
- 40 hours community service
- DUI Alcohol or Drug Risk Reduction Program
- Clinical evaluation and treatment if recommended
- Driver’s license suspension of up to 12 months
The minimum jail time and fines increase significantly for a second or third DUI within 10 years. A fourth DUI within 10 years becomes a felony charge. If your drunk driving causes an accident resulting in injuries or fatalities, you could also face charges of serious injury by vehicle or vehicular homicide.
Implied Consent and License Suspension
Another charge that often comes with a DUI arrest is violating Georgia’s implied consent law. By driving on Georgia roads, you provide implied consent to BAC testing if an officer reasonably suspects you of drunk driving. Refusing the state-administered chemical test after being arrested results in a hard driver’s license suspension of 12 months, even if you are not convicted of DUI. This suspension is separate from the criminal process and must be appealed within 30 days, or it will automatically go into effect.
Seek an Experienced Attorney in Marietta To Fight Your DUI Charges
Facing DUI and related charges in Marietta is daunting, but you have the right to defend yourself. If you have been arrested for a DUI, Cobb County DUI lawyer Andrew L. Schwartz, P.C. is here to provide the skilled legal representation you need. Call (678) 853-2500 today for a free consultation to discuss your charges and defense options.
Sources:
nhtsa.gov/book/countermeasures-that-work/alcohol-impaired-driving/countermeasures/legislation-and-licensing/open-container-laws#:~:text=Open%20container%20laws%20prohibit%20the,living%20quarters%20of%20mobile%20homes.
dofs-gbi.georgia.gov/implied-consent-faqs
