Cobb County DUI Lawyer
If you are facing a drunk driving charge in Cobb County, it is vital to contact an experienced Cobb County DUI lawyer who could review your case and offer sound legal advice. Many first-time DUI charges in the state of Georgia are considered misdemeanors, but when repeat offenses or aggravating circumstances are involved, even a first-time offense could be treated like a felony. A seasoned criminal attorney could fight to protect your rights and privileges to help you get a favorable resolution to your case.
Definition of a DUI in Cobb County
In the state of Georgia, a driver could be charged with a DUI under Georgia Code § 40-6-391 for operating or physically controlling a vehicle while:
- Under the influence of alcohol or drugs
- With any amount of illegal drugs in their system
- With an elevated blood alcohol concentration (BAC)
Any motorist who has an elevated BAC would be presumed to be under the influence and could be convicted, even without proof of actual impairment. An elevated BAC is .02 percent or more for motorists who are under 21 years of age, .04 percent or more for motorists who drive commercial vehicles, and .08 percent or more for all other motorists.
DUI Laws and Penalties
The penalties in a Cobb County DUI case would depend on how many prior convictions, if any, the driver had within the prior ten years. The courts could impose criminal penalties including jail time, fines, and public service, while the DDS would impose administrative penalties such as the suspension or revocation of the individual’s license.
Enhanced penalties could apply if someone is found to have a BAC of .15 percent or higher. The typical DUI sentences and penalties for first and additional offenses are as follows:
- First offense — Up to one year’s imprisonment, fines up to $1,000, up to one year’s license suspension, up to 40 hours of community service, plus a DUI education course and probation
- Second offense — Up to one year’s imprisonment, fines up to $1,000, up to three year’s license suspension, up to 40 hours of community service, probation, substance abuse treatment or a DUI education course, and potential Ignition Interlock Device
- Third offense — Up to one year’s imprisonment, fines up to $5,000, up to five year’s license suspension, 40 hours of community service, probation, substance abuse treatment or DUI education course, and potential ignition interlock device
- Fourth Offense — Considered a felony offense incurring one to five year’s imprisonment in state prison and up to $5,000 in fines
Driver’s License Sanctions Following a Drunk Driving Conviction
A Cobb County DUI may also be accompanied by license-related offenses, depending on the number of prior offenses the individual has had within the past five years, their age and BAC, and whether they unlawfully refused BAC testing. The maximum driver’s license penalties are as follows:
- First offense — 12-month suspension for a DUI conviction, one-year suspension for test refusal, and six-month suspension for motorists under 21 with less than a .08 percent BAC
- Second Offense — Three-year license suspension for a DUI conviction, three-year license suspension for test refusal, and an 18-month suspension for motorists under 21 with less than a .08 percent BAC
- Third Offense — Permanent revocation for a DUI conviction, five-year suspension for test refusal, and permanent revocation for motorists under 21 with less than a .08 percent BAC
A suspended or revoked motorist could qualify for early license reinstatement after the minimum suspension is served by completing a DUI program, making it vital to enlist the aid of a qualified Cobb County lawyer who could advocate aggressively on their behalf. A suspended driver could also be eligible for a hardship license, permitting driving during the suspension period for specific purposes with an ignition interlock device. However, motorists with a prior DUI conviction within the past five years or who are involved in a DUI car crash would be ineligible for a hardship license.
Get Legal Help from a Cobb County DUI Attorney
If you have been charged with a DUI, do not hesitate to reach out to a seasoned Cobb County DUI lawyer who could mount a strong defense and fight relentlessly to safeguard your interests. Your case will not defend itself, but a skilled attorney could evaluate your circumstances and offer astute counsel regarding your legal options.
You do not have to wait to get the answers you need now. Call today to schedule an introductory case consultation.