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.
If you choose to have the ignition interlock device installed, you must do so and provide written proof to DDS within 30 days of being issued the DDS 1205 Form that you have had the device installed on your car by an approved provider. The back of the DDS 1205 Form provides more information about this option. See here.
If you choose to request a hearing, you only have 30 days to do so. There is a $150.00 fee charged by the state of Georgia to request a hearing. A certified check or money order in the amount of $150.00 made payable to “DDS” must accompany your request for a hearing. We recommend you do so in person at DDS or send your request and payment via certified mail so you can prove your request was postmarked within 30 days. If you do not request the hearing in a timely manner (or have an ignition interlock device installed on your vehicle), your license to drive in Georgia will be suspended. The written notification requesting a hearing is commonly referred to as a “30 Day Letter”. After requesting the hearing, you will receive notice as to when and where your hearing (commonly referred to as an “Administrative License Suspension Hearing” or “ALS hearing”) will be held. Your lawyer can help you understand the issues that are determined at this hearing.
Please call us today at (770) 599-5328 for a free consultation if you were given a DDS Form 1205. Our DUI defense attorneys can help you choose the option that works best for your individual circumstances. Remember, time is of the essence. You only have 30 days from the date you receive this form to take action.
How a DUI Defense Attorney Represents You
When you hire a criminal defense lawyer, everything you discuss with them is subject to attorney-client privilege. It’s essential that you’re as frank with your lawyer as you need to be. There are several common defenses that DUI lawyers have successfully used in the Georgia courts.
Some of these include:
- Improper stop – The police must have a legal reason to stop your car. If they didn’t, your entire case may be dismissed.
- Lack of probable cause for arrest – The police may have believed that you were drunk at the time of your arrest, but may not have been able to gather sufficient evidence for prosecution.
- Improper administration of field sobriety exercises – Field sobriety exercises are usually video recorded. If you performed the tests adequately, there are inconsistencies in the officer’s report and the video, or the officer made errors in the administration of the FSEs, they may not be admissible, and your case may be thrown out.
- Failure to give implied consent warning – Although the State of Georgia has conditioned your privilege to drive upon your agreement to submit to a breath, blood, or urine test when you were issued your driver’s license, officers are still required to ask for your consent before administering a chemical test and provide you with the proper legal notice.
- Inconclusive or insufficient test results – Your breath test may suggest a lower BAC (blood alcohol content) than the legal limit, which would mean that you weren’t legally intoxicated at the time of the arrest.
- Failure to maintain equipment – Police must maintain meticulous records of the maintenance and calibration of their equipment. In court, they must show that their breath-test equipment was operating properly on the date of your arrest.
These are just some of the strategies that a competent DUI defense attorney can use to fight your DUI charges.
Beat Your DUI Charges in Smyrna, Marietta and Cobb County, Georgia
If you’ve been arrested for DUI, it’s important to secure legal representation as early as possible. An experienced DUI lawyer can build the best criminal defense for your particular case. Contact the Marietta DUI law office of Smith, Schnatmeier, Dettmering & Kilgo, LLP, at (770) 599-5328 to schedule a free initial consultation.
Related Articles
Georgia DUI Laws
Like most states, Georgia makes a number of distinctions in the way that you can be charged with DUI, based upon the circumstances surrounding your arrest. Your blood alcohol content, your age, your DUI arrest history, and whether or not you refuse a blood, breath, or urine test are all factors in determining how the arresting officer will charge you.
BAC Limit For Drivers Over 21
The state of Georgia makes a distinction between underage impaired driving and DUI for drivers over the age of 21. If you are of legal drinking age, it’s unlawful for you to operate a vehicle with a BAC of .08 or higher. This is called “DUI Per Se.” (Regardless of your age, it’s also unlawful for you to operate a vehicle if you’re impaired by alcohol or drugs to the extent that you are a less safe driver. This is called “DUI Less Safe.”).
BAC Limit For Underaged Drivers
Under Georgia law, drivers under the age of 21 can be charged with, per se DUI with a BAC of .02 or higher. If you are under the age of 21 and convicted of DUI with a BAC of at least .02 but less than .08, your license can be suspended for up to six months. If you’re 18 to 20 years of age and are convicted of DUI with a BAC of .08 or higher, or if you refuse to take the state-administered blood, breath, or urine test, you will face a 12 month license suspension. In either case, you’ll also be required to pay fines, complete community service, meet certain alcohol and drug education and evaluation requirements, and possibly spend some time in jail. There is no limited permit available for under 21 year old drivers in Georgia.
What is the Penalty For First-Offense DUI in Georgia?
Except in extreme circumstances, most first-time DUIs are misdemeanors, and although jail is a possibility, a competent DUI defense attorney can usually help you avoid getting sentenced to the maximum penalties.
Standard penalties can include:
- 24 hours in jail followed by 11 months and 29 days of probation
- $300 to $1000 in fines, plus statutory surcharges
- 40 hours of community service
- DUI Risk Reduction Program, also known as DUI School
- Clinical evaluation for drug and alcohol dependency and any recommended treatment
- MADD Victim Impact Panel
- License suspension for 120 days; limited permit may be available
It’s important to note that these penalties only apply to the DUI portion of your case. If you were charged with other crimes or there are aggravating circumstances to your DUI arrest, the penalty exposure will increase.
DUI Arrests with Prior Convictions
If you are arrested for a DUI, and you have a prior conviction or convictions within the past ten years, you will face enhanced penalties:
2nd DUI (one prior conviction) in 10 years – Misdemeanor
- 72 hours of mandatory jail time followed by 11 months and 27 days on probation
- $600 – $1000 in fines, plus statutory surcharges
- 30 days of community service
- DUI Risk Reduction Program
- Clinical evaluation for drug and alcohol dependency and any recommended treatment
- Your picture and case disposition will be published in the newspaper and your tag must be surrendered to the court for any vehicle you own
- License suspension for up to three years (if a 2nd DUI within 5 years)
- The Judge has the discretion to grant a limited permit that would allow a driver to apply for an Ignition Interlock Device permit after a 120-day hard suspension through the Georgia Department of Drivers Services, provided that proof is shown that the driver has completed the DUI Risk Reduction Program completed a clinical evaluation and enrolled in a substance abuse treatment program approved by the Georgia Department of Human Services or is enrolled in a DUI/Drug Court Program, and proof that the driver has installed an ignition interlock device in any vehicle that he or she may be operating.
3rd DUI (two prior convictions) in 10 years – Misdemeanor
- 15 days of mandatory jail time followed by 11 months and 15 days on probation
- $1000 – $5000 in fines, plus statutory surcharges
- 30 days of community service
- DUI Risk Reduction Program
- Clinical evaluation for drug and alcohol dependency and any recommended treatment
- Your picture and case disposition will be published in the newspaper and your tag must be surrendered to the court for any vehicle that you own
- License revocation for up to five years if this is a 3rd DUI in 5 years. After 2 years, the driver can apply for a probationary license for use for the remaining 3-year period with certain restrictions. The driver will be declared a Habitual Violator
4th DUI (three prior convictions) in 10 years – Felony
- 90 days of mandatory jail time followed by up to 4 years and 9 months on probation
- $1000 – $5000 in fines, plus statutory surcharges
- Minimum of 480 hours (60 days) of community service
- DUI Risk Reduction Program
- Clinical evaluation for drug and alcohol dependency and any recommended treatment
- License revocation for up to five years if this is at least a 3rd DUI in 5 years. After 2 years, the driver can apply for a probationary license to use for the remaining 3-year revocation period with certain restrictions. The driver will be declared a Habitual Violator
Georgia Implied Consent Law
Under Georgia’s Implied Consent law, the state has conditioned your privilege to drive upon Georgia roadways on your submission to take a state-administered chemical test or tests of your blood, breath, urine, or other bodily substances. You have the right to refuse to take an official state test or tests, but there are consequences for such a refusal. If you refuse to take a test or tests and the police officer files a Georgia Department of Drivers Services (DDS) Form 1205, you could be subject to a 12-month hard suspension of your Georgia Driver’s License with no opportunity for a limited driving permit. If you have been arrested for DUI, it is very important to look to see if the officer served you with a DDS Form 1205.
There is a new provision in Georgia law contained in O.C.G.A. §40-5-64.1 that allows a driver to forgo an administrative hearing to contest the refusal as set out on the DDS Form 1205 and obtain a limited driving permit for 12 months if the driver installs an ignition interlock device on his or her vehicle. It is important to note that there are important deadlines and requirements that must be followed if you choose this option. Our Cobb County DUI attorneys can help explain this procedure.
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.
Contact Us
Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (770) 599-5328.