Cobb County DUI Lawyer
Defending Against DUI Charges in Smyrna, Kennesaw, Acworth, & Paulding County
Georgia has some of the toughest drunk driving laws in the country, and Cobb County, Marietta, Smyrna, Acworth, Kennesaw, and other law enforcement agencies take pride in strictly enforcing the state’s DUI laws. We have also seen a rise in DUI arrests in Cherokee County especially in the City of Woodstock and Canton. Without ever intending to drive drunk, many adults can exceed the legal BAC (blood alcohol content) limit after just a few drinks.
If you’ve been arrested for DUI in Cobb County, Cherokee County, Paulding County, or anywhere the metro Atlanta area, you could be subject to fines, jail time, loss of your driver’s license, and mandatory alcohol and substance abuse programs.
Have you been arrested for a DUI in any of the areas mentioned above? Call Smith, Schnatmeier, Dettmering & Kilgo, LLP, today at (770) 599-5328 or contact us online to schedule a consultation with our Cobb County DUI attorneys.
DUI Defense in Marietta GA
Being arrested for DUI in the state of Georgia can be an alarming prospect, but with the right criminal defense team by your side, you may be able to beat the charges or mitigate their impact on your life. When police officers in Marietta, Smyrna, Acworth, Kennesaw or Cobb County make DUI arrests, they’re required to follow a strict set of protocols or they risk losing their case in court.
What is the DDS 1205 FORM? IGNITION INTERLOCK DEVICE/30-DAY LETTER OPTION
In Georgia, when you are arrested and charged with DUI, in all likelihood you will have to appear before two separate courts. The first court is a criminal court where you will answer to the misdemeanor offense of DUI. This is a criminal case in which the state of Georgia accuses you of the offense of DUI.
The second court you may have to appear in is administrative court. This is a non-criminal case in which the Georgia Department of Driver’s Services (DDS) attempts to prevent you from driving pending the outcome of the criminal case. Essentially, it is an attempt by the DDS to suspend your Georgia driver’s license before your criminal case is resolved. This process begins after you are arrested for DUI when the arresting officer fills out a document called a “DDS Form 1205.”
The arresting officer is required to fill out this form and forward it to DDS, if at the time of your arrest, you submitted to a state administered chemical test of your blood, breath, or urine and you had a blood alcohol concentration of 0.08 grams percent or more. Also, if the officer alleges that you “refused” to submit to a chemical test of your blood, breath, or urine, the officer will also fill out the DDS Form 1205 and forward it to DDS along with your driver’s license. An alleged refusal can potentially lead to a 12-month “hard” suspension of your Georgia Driver’s License meaning there is no limited permit option available to you. There are some exceptions to this general rule depending on the individual facts and circumstances of your case so be sure and talk to your lawyer. Also, the rules may be different if you possess an out of state driver’s license.
When you receive a DDS 1205 form, you have two options: (1) Install an ignition interlock device on your vehicle for a period of 12 months OR (2) You can request a hearing in front of an Administrative Law Judge.
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How to Beat a DUI in Georgia
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 the 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.
Contact Our DUI Defense Attorney in Cobb County Today
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 Smith, Schnatmeier, Dettmering & Kilgo, LLP, today to get started on your defense with our Cobb County DUI lawyer.