Cobb County DUI Lawyer
A conviction on a DUI charge has serious consequences. You face the prospect of heavy fines and expensive court surcharges, the loss of your driver’s license, dramatically increased insurance premiums, and even jail time. The good news for people who have been arrested for driving under the influence is that it’s possible to successfully defend against DUI charges. Andrew L. Schwartz, P.C., an experienced criminal defense law firm, provides effective and successful defense of the rights and freedom of people accused of drunk driving. Contact our experienced Cobb County DUI lawyer today.
Important Facts About Georgia DUI Law
Under Georgia DUI law, a person can be prosecuted for driving under the influence for several different reasons. According to the law, a person “shall not drive or be in actual physical control of a moving vehicle” in any of the following circumstances:
- With an alcohol concentration of .08 grams (or .04 for a commercial driver or .02 for a driver under 21 years old)
- While under the influence of alcohol, drug, other substances, or a combination that makes it less safe for the person to drive (this includes prescription drugs and over-the-counter medicines the person is legally entitled to use)
- With any amount of marijuana or a controlled substance in their blood or urine
The police can’t pull you over without any reason, and they can’t order you to take a test without probable cause to believe you are driving under the influence. At Andrew L. Schwartz, P.C., we look at all the circumstances surrounding your arrest, including whether the police had probable cause to stop you in the first place as well as probable cause to require a test. We’ll examine and challenge the testing procedures used, including the accuracy and reliability of testing equipment as well as any nonscientific subjective measures such as the officer’s account of your driving or performance on field sobriety tests.
You could have many different defenses available in your case. At Andrew L. Schwartz, P.C., we handle a high volume of DUI cases every year and are well-versed in all the defenses and the many ways your case should be handled for the best result. We’ll fight to get charges reduced or dropped, avoid a conviction, and help you keep your license, so call our office after any DUI arrest in Cobb County, Georgia. The sooner you call us after an arrest, the better we will be able to help you.
Cobb County DUI Penalties
The penalties for impaired driving in Georgia are severe. They include steep fines and expensive surcharges, the possibility of significant jail time, and the suspension of your driver’s license. All of these penalties and more can be imposed just for a first offense; the penalties for a second or third offense are even more severe. Just because you’ve been arrested for driving under the influence, though, a conviction is by no means assured. And even a conviction does not mean you will or should suffer the maximum penalties available under the law. Andrew L. Schultz is a former prosecutor and seasoned criminal defense attorney who devotes a significant portion of his law practice to helping people charged with DUI offenses get the best possible outcome, including avoiding convictions, having charges reduced or dismissed, and keeping their license. If you’ve been charged with DUI in Marietta, Smyrna, or surrounding areas, call Andrew L. Schultz, P.C., for a free consultation with an experienced and effective Cobb County DUI defense lawyer.
Penalties for a First DUI Offense in Georgia
Georgia law imposes all of the following penalties on someone who is convicted of a first DUI. The following penalties also apply if the person has a previous DUI that is more than ten years old:
- A minimum fine of $300, up to a maximum of $1,000.
- A minimum of ten days in jail, up to 12 months. The judge has the discretion to suspend this sentence or order probation instead of jail for some or all of the sentence. However, if the defendant’s blood alcohol content (BAC) was .08% or more, the defendant must spend at least 24 hours in jail.
- A minimum of 40 hours of community service. If the defendant’s BAC was under .08%, the judge can reduce the required community service to 20 hours.
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI School).
- A clinical evaluation and referral to treatment if warranted.
- Twelve months of probation, offset by any period of incarceration the defendant is sentenced to.
DUI Penalties – Second Offense
The following penalties apply to someone convicted of DUI with one prior DUI conviction within the last ten years:
- A minimum fine of $600, up to a maximum of $1,000.
- A minimum of 90 days in jail, up to 12 months. At least a portion of the sentence will be served on probation rather than imprisonment, although a minimum of 72 hours of actual incarceration is required.
- A minimum of 30 days of community service.
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI School).
- A clinical evaluation and referral to treatment if warranted.
- Twelve months of probation, offset by any period of incarceration the defendant is sentenced to.
DUI Penalties – Third Offense
A third DUI in ten years is classified as a “high and aggravated misdemeanor,” and the penalties increase significantly. The following penalties apply to someone convicted of DUI with two prior DUI convictions within the last ten years:
- A minimum fine of $1,000, up to a maximum of $5,000.
- A minimum of 120 days in jail, up to twelve months. At least a portion of the sentence will be served on probation rather than imprisonment, although a minimum of 15 days of actual incarceration is required.
- A minimum of 30 days of community service.
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI School).
- A clinical evaluation and referral to treatment if warranted.
- Twelve months of probation, offset by any period of incarceration the defendant is sentenced to.
Penalties for a Fourth or Subsequent DUI
A fourth DUI and any subsequent DUI within ten years is a felony under Georgia law. The penalties are as follows:
- A minimum fine of $1,000, up to a maximum of $5,000.
- A minimum of one year or up to five years in prison. The judge can suspend or probate any part of the sentence, except that the defendant will be required to serve at least 90 days of incarceration.
- A minimum of 60 days of community service. The judge can suspend community service for a defendant sentenced to three years of actual imprisonment.
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program (DUI School).
- A clinical evaluation and referral to treatment if warranted.
- Five years of probation, offset by any period of incarceration the defendant is sentenced to.
Driving under the influence with a passenger under 14 years old in the vehicle is an additional offense known as endangering a child by driving under the influence of alcohol or drugs. If you get convicted of multiple DUI charges in one case, such as DUI, DUI-Drugs, or DUI-Combination, the sentences are merged so you don’t wind up serving separate sentences for each offense. However, the offense of endangering a child by driving under the influence of alcohol or drugs is not merged and will be sentenced separately.
DUI Driver’s License Suspensions in Georgia
If convicted of DUI, a notice of the conviction is sent to the Georgia Department of Driver Services (DDS). For a first offense, or if it’s been more than five years since a previous offense, DDS will suspend your driver’s license for 12 months. However, it is possible to apply for reinstatement of your license after 120 days if you complete DUI School and pay the $200 reinstatement fee.
During your suspension, it’s also possible to apply for a limited driving permit. This permit can be used to drive to work or school, to get to a medical appointment or pick up medicine, to go to alcohol treatment or counseling, to get to DUI School, or to transport unlicensed immediate family members to work, school, medical care or to get prescriptions.
When issuing a limited driving permit, DDS can specify where and when you can travel, what routes you can take, which vehicles you can use, and impose other restrictions DDS deems necessary. The law does not allow you to drive a commercial vehicle on a limited permit. Also, the permit can be revoked for committing traffic violations or violating the restrictions on the permit. Andrew L. Schwartz, P.C., can defend you against traffic violations that may keep your permit from being revoked.
Refusing a Breath, Blood or Urine Test
Georgia has an implied consent law which means when you get a driver’s license, you give your consent to submit to a chemical test of your blood, breath or urine to determine if you are driving under the influence of alcohol or drugs. If you refuse this test, your driver’s license will be suspended for at least one year without any option to obtain a limited driving permit. Also, the fact that you refused the test can be used against you in court to imply you were over the legal limit.
The law requires the police to notify you of the implied consent law and the consequences of refusing a test. If they didn’t give you this notice, they may not be able to suspend your license. Your attorney will review all the circumstances surrounding your stop to determine whether the police followed all required procedures, including notice of advisement of the implied consent law. If the police have obtained a search warrant to test you, then you cannot lawfully refuse. On the other hand, if they did not have probable cause to require a test, then your refusal shouldn’t count against you.
Contact Andrew L. Schwartz, P.C., Today
The criminal defense attorney at Andrew L. Schwartz, P.C., is here to help after an arrest for driving under the influence of alcohol, drugs, or a combination. You can count on our team to give you honest advice and work with skill and determination to get you the best result. Call our experienced Cobb County DUI lawyer today.
URGENT: You only have 30 days after a DUI arrest in Georgia to appeal the administrative suspension of your driver’s license or equip your vehicle with an ignition interlock device. Failure to act will result in the suspension of your license. Don’t limit your options by waiting until your license has already been suspended. Call our office today.
