DUI Penalties in Marietta and Cobb County

Getting arrested for any misdemeanor or felony crime in the state of Georgia is serious, but a DUI arrest can be particularly problematic. If you’ve been charged with drunk driving, you could be facing jail, fines, a suspended license, reinstatement fees, drug and alcohol abuse classes, and you’ll have a criminal record that could be a bar to future employment. The key to beating any DUI charge is to be proactive in your defense. Contact a criminal defense lawyer who has experience fighting DUI charges in Cobb County, GA.

Conviction Penalties for DUI in Georgia

The maximum penalties for DUI are established by Georgia state law. That means that the criminal court judges in Cobb County have an established ceiling for penalties that are set by the state. DUI penalties increase with each subsequent conviction within a ten-year period.

First-Time DUI (No DUI Priors)

  • Up to a year in jail
  • $300 to $1000 in fines
  • 40 hours of community service
  • Clinical evaluation for drug and alcohol dependency
  • License suspension for up to one year

2nd DUI Arrest (one prior conviction) – Misdemeanor

  • 3 – 365 days in a county jail and/or probation
  • $600 – $1000 in fines
  • 30 days of community service
  • Clinical evaluation for drug and alcohol dependency
  • License suspension for up to three years
  • Possible mandatory ignition interlock device

3rd DUI Arrest (two prior convictions) – Misdemeanor

  • Up to one year in jail and/or probation
  • $1000 – $5000 in fines
  • 30 days of community service
  • Clinical evaluation for drug and alcohol dependency
  • License suspension for up to five years
  • Possible mandatory ignition interlock device

4th DUI Arrest (three prior convictions) – Felony

  • 1 – 5 years in state prison (5 years of probation minus time served)
  • $5000 in fines
  • Minimum of 480 hours (60 days) of community service
  • 17 weeks of treatment in drug and alcohol dependency program
  • 20-hour Risk Reduction Program approved by the Georgia DDS
  • License revocation
  • Possible mandatory ignition interlock device

It’s also important to note that anyone arrested with a BAC (blood alcohol content) of .08 or higher must remain in custody for 24 hours before being released.

Aggravating Circumstances and Additional Penalties

There are a number of circumstance that can affect your charges and lengthen license suspensions:

  • Your DUI resulted in an accident with injuries or property damage
  • There was a minor child in your car at the time of the arrest
  • Your BAC was .15 or higher
  • You refused to submit to breath, blood, or urine test (this will result in the automatic suspension of your license, but will not affect other charges or penalties)

You should consult a DUI criminal defense lawyer with questions about the specific circumstances surrounding your arrest.

Marietta Criminal Defense Lawyers for DUI Charges

If you’ve been charged with DUI, it’s important that you act quickly. The police begin building their case against you the minute that they stop you for DUI. The DUI lawyers at the Cobb County law firm of Smith, Schnatmeier, Dettmering, Collins, Reeves, Hobson & Hobson have a well-established record of dissecting prosecutorial cases and beating drunk driving charges, and the sooner they start on your case, the better. Contact our Marietta, GA law office to schedule a free initial consultation.

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