Cobb County DUI Lawyers

Our experienced Cobb County DUI lawyers are available 24/7 to discuss your case at 404.816.8777.  We offer a free consultation.

If you have been arrested for a DUI in Cobb County, experienced Cobb DUI attorneys James “Skip” Sullivan and Bob Chestney are available to discuss your case anytime – including after-hours and weekends!  Call us at 404.816.8777 (office), Mr. Sullivan’s mobile phone: 404.290.2151 (call or text), or email at Skip@dui-lawyer.com; Bob@dui-lawyer.com

Cobb County DUI Lawyers
Cobb County Adult Detention Center

Our experienced Cobb County DUI lawyers are prepared to vigorously defend your Cobb DUI case whether you have a DUI in Acworth, Austell, Kennesaw, Marietta, Powder Springs, Smyrna, or anywhere else in Cobb County.

Being arrested for a Cobb DUI can be a stressful experience.  If you have been charged with a DUI in Cobb County, speak to our experienced Cobb DUI lawyers today.  We understand the anxiety you may be experiencing.  You probably have many questions about your case, including what penalties you may face if convicted for DUI in Cobb County.  What is the court process for a DUI in any of the municipal courts in Cobb County or in Cobb County State Court?  What defenses are there in my DUI case?  You may also have concerns about your ability to drive and a possible license suspension. We can put your mind more at ease as we explain the court and investigation process as well as how we successfully defend DUI charges in Cobb County.  People come to Chestney & Sullivan because we provide the absolute most vigorous defense available to those facing DUI charges.  And in the majority of our cases, we are able to protect their freedom, ability to drive, and criminal record.  You may not feel at this time that you have a strong opportunity to avoid a conviction for the DUI charges you face.  But the law provides protections to you that are very important that may lead to a successful defense in an otherwise seemingly indefensible case!  Our firm is intimately familiar with how DUI cases are handled in all of the municipal courts in Cobb County or in Cobb County State court.  Our experienced DUI lawyers are prepared to vigorously defend your Cobb DUI. 

Call us today to speak to an experienced Cobb DUI lawyer about your case at 404.816.8777.  We offer a free in office consultation.

The court process:

When your Cobb DUI case begins in any one of the municipal courts in Cobb County, if you demand a jury trial, the municipal court loses jurisdiction over your Cobb DUI charges.  Your Cobb DUI case is then transferred to Cobb County State Court for prosecution.  Sometimes that is the best option if the prosecutor in municipal court refuses to negotiate an acceptable resolution in your Cobb DUI case.  Some Cobb municipal courts simply will not allow Cobb DUI charges to be tried in their jurisdiction.  If that is the case, then the only option to try to avoid a DUI conviction is to try your Cobb DUI case in the state or superior court system.

Cobb County DUI Lawyers
Cobb County Police Headquarters

If you were arrested by the Cobb County Police Department, then your Cobb DUI case will be handled in Cobb County State Court if there are no felony charges.  Once your case is in Cobb County State Court, the Cobb County Solicitor’s Office is responsible for the prosecution of your Cobb DUI.  The elected Solicitor General of Cobb County is Barry Morgan.  Generally, two prosecutors are assigned to each courtroom in Cobb County State Court.  There are twelve elected Cobb County State Court Judges that preside over misdemeanor DUI cases.  Your Cobb DUI case will be randomly assigned to a judge once your case is filed with the Cobb County State Court Clerk’s Office.  The assigned judge will preside over your Cobb DUI case until a final resolution is reached in most cases.

Each judge in Cobb County State Court handles their caseloads differently so it is important that Cobb DUI lawyers know how each judge runs their individual courtrooms.  Our Cobb County DUI lawyers try DUI cases in Cobb County on a regular basis.  Because we frequently contest DUI cases in Cobb County State court, we are familiar with the judges and prosecutors who will be handling your Cobb DUI case. 

Cobb County DUI Lawyers
Cobb County State Court

Even if your case may have been sent to Cobb County State Court to preserve your right to a jury trial, or your case originated in Cobb County State Court, sometimes the facts of a particular Cobb DUI may be best suited for a “bench trial” (a trial where the judge decides the case instead of a jury).  Sometimes a bench trial is a sound strategy, many times it is not.  There are many times when a jury trial is the best possible option to avoid a DUI conviction on your Cobb DUI case – especially if the prosecution refuses to negotiate an acceptable resolution in your Cobb DUI case.

The Cobb County Police department has a specialized DUI Task Force.  The Cobb County DUI Task Force,  like all Cobb County police officers, have received at a minimum 16 hours of DUI training in the police academy.  Most Cobb DUI Task Force officers trained have received an additional 24 hour standardized field sobriety course endorsed by the National Highway Traffic Safety Administration (NHTSA).   Some Cobb County DUI Task Force officers have received additional DUI training such as ARIDE (Advanced Roadside Impaired Driving Enforcement), or DRE (Drug Recognition Expert).  All of the Cobb DUI Task Force officers are certified by the Georgia Bureau of Investigation to operate Georgia’s newest breath testing instrument, the Intoxilyzer 9000.

Our DUI attorneys know how to challenge a Cobb DUI case.  All of our Cobb DUI attorneys are trained in Standardized Field Sobriety evaluations and have also received training on the operation and limitations of the Intoxilyzer 5000 and 9000.  We currently own three Intoxilyzer 5000 breath testing devices.  Mr. Sullivan was certified in Standardized Field Sobriety evaluations by members of the Conyers Police Department and Rockdale County Sheriff’s Office.  One of the benefits of investigating a Cobb DUI arrest is that most of Cobb Police Department patrol vehicles are equipped with video and audio.  Their video equipment has some features similar to a DVR or TVO that many people have at home for their TV’s.  Their video equipment is continuously recording, but will not preserve anything until the officer either manually activates recording, or the Cobb DUI officer activates his or her emergency equipment (lights).  Then the video will preserve somewhere between 30 and 60 seconds of time before activation and typically Cobb DUI officers will run their video until their investigation is complete.  Some Cobb DUI officer will run their videos until they reach the jail.  Videos can be obtained through the court process.

Mothers Against Drunk Driving (MADD) awarded the following officers in 2014 for the number of Cobb DUI arrests they made in the previous year:

Cobb Officers J.E Bultman, Kevin Mowery, and S.T. Napper each received MADD Gold Pins in 2014 for the number of Cobb DUI arrests they made in the previous year.

Cobb Officers G.A. Abbott, Darin Hull, and J.R. Israel each received a MADD Silver Pin in 2014 for the number of Cobb DUI arrests they made in the previous year.

Cobb Officers E. Ainsworth, J.A. Chalk, R.J. Cooper, Brandon Hughes, R. Littler, Hunter Llewellyn, J.D Lorens, K.W. McClure, John Munro, C.A. Vill, and J.V. Watson all received MADD Bronze Pins in 2014 for the number of Cobb DUI arrests they made the previous year.

Cobb Officers James Dahlquist and Stephen Nolen each received MADD DRE Pins in 2014 and Cobb Officers Chris Duncan, Gregory Johnson, Jeffrey Daniel, and Ken McClure each received MADD DRE Red Pins in 2014.

Cobb DUI officers Tim Napper, R.L. “Bobby” New, Brandon Tidwell received Bronze Pin Awards in 2016 from MADD.

Cobbb DUI officer David Adcock received a Silver Pin award in 2016 from MADD.

Cobb County DUI officers Edwin Ainsworth, Sam Daniels and John Munro received Gold Pin awards from MADD in 2016.

How our skilled Cobb County DUI lawyers build a successful DUI defense in Cobb County:

To build a strong DUI defense in Cobb County Georgia, our Cobb DUI lawyers start by learning everything possible about your case from you.  Based on this information, our Cobb DUI attorneys and investigator can search for more favorable evidence by using specialized resources as needed to determine if all testing and other details of your Cobb DUI arrest were accurate and legal.  This forms the basis for a strong drunken driving defense in Cobb County.  We have our own in-house investigator that gathers information, videos, 911 calls, possible surveillance videos, police reports, documents road/scene conditions and more.  There are times when we even use the services of toxicologists, accident reconstructionists, private investigators, breath test/field sobriety experts, medical professionals, video illustrators, to name a few, to help build a solid defense in your Cobb DUI case.  Our Cobb DUI lawyers analyze a case from the initial stop or reason why the police were involved, looks for suppression issues with the admissibility of field sobriety tests or state chemical tests (breath, blood, or urine tests), and develop strategies in how to best conduct administrative license suspension hearings, preliminary/committal motion hearings and trial.  Our team approach is an effective way to ensure we are thorough in defending your Cobb DUI charges.

Can I just enter a guilty plea myself and avoid hiring a Cobb DUI defense lawyer?

There is a saying that “a person who represents himself has a fool for a client.”  DUI cases are one of the most serious cases that are prosecuted in Cobb municipal courts or in Cobb County State Court.  Even if you think you are guilty and may not want to fight your case all the way, there are matters that a skilled Cobb DUI defense lawyer is better able to handle than someone representing him or herself.  Here are some reasons why you may consider hiring our Cobb DUI attorneys rather than representing yourself:

  • You can put your driving privileges in jeopardy if you simply go to court and enter a guilty plea to your Cobb DUI.  If you have been arrested by a Cobb DUI Task Force officer, you should have been served notice of an administrative license suspension action (DDS-1205 form).  If you enter a guilty plea without properly addressing the license suspension action, you will not be able to get a limited permit (if you are eligible to get one at all) until the suspension action is conducted properly.
  • If your license is suspended for refusing the Cobb DUI officer’s chemical test from losing a license suspension hearing or failing to address a license suspension action within 30 days from the date of your arrest, your Georgia driver’s license or driving privileges will be suspended for a year with NO PERMIT.  Properly coordinating and handling the Cobb DUI criminal charges along with the license suspension action can improve your chances of being able to drive.
  • Other charges in addition to your Cobb DUI charge may be more serious and carry more punishment than the DUI charge itself.
  • Sometime the prosecutor gives a bad plea offer.  Even if you decide not to contest your case, an experienced Cobb DUI defense attorney who is familiar with Cobb County State Court or Superior Court can assess a plea offer to determine if it is worth taking or rejecting and decide to take your Cobb DUI case to trial.
  • If you decide to represent yourself at trial, the Georgia Rules of Evidence still applies to you.  Lawyers go to law school for years to learn these rules and you will be at the mercy of a skilled prosecutor and judge if you are not careful.

Administrative License Suspension

Cobb County DUI Lawyers
Office of State Administrative Hearings

IMPORTANT INFORMATION CONCERNING YOUR DRIVER’S LICENSE WHILE YOUR COBB DUI CRIMINAL CHARGES ARE PENDING IN COURT

Besides your criminal case pending in Cobb State or Superior Court, or in any of the municipal courts in Cobb County, you are likely facing an administrative license suspension.  There is only a limited time to request this separate hearing to preserve your driving privileges.  If you have been charged with a DUI in Cobb County, chances are the Cobb DUI officer served you with a notice of a license suspension action.  If you were arrested by a Cobb DUI Task Force Officer or Georgia State Patrol, you can be sure that your Cobb DUI officer served you with a notice of a license suspension action.  Whether you refused the Cobb DUI officer’s chemical test, or the breath test results indicated an alcohol concentration above the legal limit, Georgia law requires your Cobb DUI officer to serve you notice of  a license suspension action.  The form that is used is called a DDS-1205 form.  This form is either yellow or white and the Cobb DUI officer may have had you sign it.  Officers sometimes explain that this form acts as a temporary driving permit, but never explain that this form also serves a notice to you that the officer initiated a license suspension action against you.  Sometimes this paperwork gets lost (you may have received it, but may have been misplaced, or it may have been lost at the jail).

1205 Form
DDS-1205 form

Regardless whether you have actually received a DDS-1205 form, it is important for you to understand that you only have 30 days to request a hearing to preserve your driving privileges or waive your hearing through the Georgia Department of Driver Services by opting for an ignition interlock device permit.

Three tracks you can take [beware of making a choice without the advice of an experienced Cobb DUI lawyer]:

  1. Do nothing within 30 days of the date of your Cobb DUI arrest: In most cases we do not recommend this path as if you do nothing and your Cobb DUI officer initiated an administrative license suspension action, then on the 46th day after the date of your Cobb DUI arrest, your driving privileges will automatically be suspended by Georgia Department of Driver Services for one year with no permit to drive.  Even if you did not receive the DDS-1205 form in your Cobb DUI case, we still recommend that you take some sort of action instead of doing nothing. However, there are limited circumstances where we recommend our clients do nothing regarding a license suspension action, but those circumstances are rare.
  2. Request an administrative hearing: This is the traditional track that has been the law for many years now, except now there are thirty days instead of ten business days to take action.  This track is where a request for an administrative hearing is submitted to the Georgia Department of Driver Services challenging the Cobb DUI officer’s decision to administratively suspend your driver’s license for testing above Georgia’s “per se” legal limit for alcohol concentration, or for refusing the Cobb DUI officer’s request for a state administered chemical test of your breath, blood, urine, or other bodily substances.   
  3. Properly waive your right to an administrative hearing and have an ignition interlock installed: This track came into effect July 1, 2017.  This allows first DUI arrest in five years drivers to be able to drive in the state of Georgia and fight their Cobb DUI criminal case without losing the privilege to drive.  It comes with a cost of course.  It involves you waiving your right to an administrative hearing through the Georgia Department of Driver Services and you will need to install an ignition interlock device on your vehicle for a minimum of 120 days if you tested over the “per se” legal limit, or one solid year of having the ignition interlock device installed in your vehicle (and driving under the confines of an ignition interlock permit) if you refused the Cobb DUI officer’s request for a state administered chemical test.  If you choose this track, we highly advise that you install the ignition interlock first, then go to DDS within 30 days from the date of arrest to obtain the permit (a checklist to see if you are eligible for the ignition interlock device permit is attached).  There are obvious concerns and pitfalls in choosing this track. For many people, the stigma of having the ignition interlock device installed in their vehicle is just not worth it.  The ignition interlock device is also expensive: it requires an installation fee as well as a monthly monitoring fee.  And if you remove it while under your ignition interlock permit, tamper with it, or it tests positive, your permit to drive may be revoked for six months – meaning no driving at all. In addition to waiving your right to an administrative hearing and having an ignition interlock device installed on your  vehicle, you must also meet the following conditions:
  • An application for the permit must be made with DDS within 30 days of the person being served notice of the ALS by the Cobb DUI arresting officer through the DDS-1205 form (usually 30 days from the date of arrest), or—in the event of a DDS-1205S form—within 30 days of receiving such notice of the ALS from DDS (from a blood test result that was not procured by a search warrant);
  • The ALS cannot stem from a motor vehicle accident involving fatalities or serious injuries;
  • The person must be licensed in Georgia and not have any other suspensions, cancellations, or revocations against his or her Georgia driver’s license;
  • If the person holds a Georgia commercial driver’s license (CDL), he or she must downgrade to a non-commercial Georgia driver’s license in order to obtain and maintain the permit;
  • The person cannot have any prior convictions for DUI in the 5-year period preceding application for the permit.  If there is a DUI arrest with a DUI conviction within 5 years of the current Cobb DUI arrest, the person can still opt for track 2 – requesting an administrative hearing, or track 1 – do nothing at all;
  • The person must surrender his or her Georgia driver’s license, either to the Cobb DUI arresting officer at time of arrest or to DDS prior to issuance of the permit; and,
  • The person must pay a $25.00 permit fee to the Georgia Department of Driver Services. 

The period a person must successfully maintain the ignition interlock device on their vehicle will be based on whether he or she consents to or refuses the state-administered chemical test requested by the Cobb DUI arresting officer. 

A person who consents to the state-administered chemical test and opts for the new permit will be required to successfully maintain the ignition interlock device on their vehicle for a period of 4 months.  If he or she is subsequently acquitted of the underlying Cobb DUI charge, or the underlying Cobb DUI charge is dismissed or reduced, the ignition interlock device may be removed at no cost and the driver’s license may be replaced.  A person who refuses the state-administered chemical test and opts for the new permit will be required to successfully maintain the ignition interlock device on their vehicle for a period of 12 months, regardless of the outcome of the underlying Cobb DUI charge.    

Successful maintenance of the ignition interlock device must be evidenced by the permit holder to DDS through the production of satisfactory monthly monitoring reports prior to DDS removing the ignition interlock restriction from the permit.  A permit may be renewed for a fee of $5.00 if additional time is needed for the permit holder to comply with the terms of the ignition interlock device, but it may only be renewed one time once the permit holder becomes eligible to reinstate his or her driver’s license.  Following the designated term of successful compliance, the ignition interlock device restriction may be removed from the limited driving permit in person at a DDS customer service center for a fee of $100.00 (or $90.00 if removal of the restriction is requested by mail or other approved alternate means).  The removal fee is in addition to any reinstatement fee that may be required.

There are limitations on where you can drive while on the IID permit:

  • Going to his or her place of employment or performing the normal duties of his or her occupation;
  • Receiving scheduled medical case or obtaining prescription drugs;
  • Attending a college or school at which he or she is regularly enrolled as a student;
  • Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;
  • Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver’s license or by the commissioner;
  • Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or performing community service;
  • Transporting an immediate family member who does not hold a valid driver’s license for work, to obtain medical care or prescriptions, or to school;
  • Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18; or
  • Going for monthly monitoring visits with the permit holder’s ignition interlock device service provider.

Contact us today to discuss your Cobb DUI case with our experienced Cobb DUI defense lawyers at 404.816.8777.  Our dedicated Cobb DUI lawyers are experienced in contesting DUI charges in Cobb County and handling license suspension actions.  We can review your Cobb DUI charges and prepare a strategy for your Cobb DUI criminal case and your a license suspension action.

So I filed a proper request for a license suspension hearing in my Cobb DUI case, what happens next?

The license suspension action is a civil action separate from your Cobb DUI criminal case and only deals with your license or privilege to drive in this state.  As a matter of fact, the license suspension action is litigated by a completely separate court from your Cobb DUI criminal case. Once the Georgia Department of Driver Services processes your request for a hearing, your case is then sent to the Georgia Office of State Administrative Hearings (OSAH) where a hearing will be scheduled in front of an OSAH judge.  Typically a hearing date with OSAH is set roughly 60 days from the date of your arrest.  Once a hearing is requested, the Department of Driver Services will extend your driving privileges until there is an order entered from an OSAH judge.

The scope of the license suspension hearing in your Cobb DUI case is very limited:

At a license suspension hearing, the  judge has a very limited role in deciding your case.  The judge is bound by law to only look at certain statutory factors to determine whether or not those statutory factors were met.  That is it.  The judge does not look at your criminal or driver’s history.  The judge is not concerned about your job, transportation issues with your children’s school or day care, or any other hardship you may if your license is suspended.  The judge’s only role in a license suspension hearing is to determine if the following factors were met:

  • Whether the Cobb DUI law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391 (the DUI statute); or
  • Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and
  • Whether at the time of the request for the test or tests the Cobb DUI officer informed the person of the person’s Implied Consent rights and the consequences of submitting or refusing to submit to such test; and
  • Whether the person refused the test; or whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and
  • Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all of its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required.  A copy of the operator’s permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.

How is the OSAH hearing conducted?

The OSAH judge will enforce the Georgia Rules of Evidence, similar to other court proceedings.  Because the burden is on your Cobb DUI officer to establish that the statutory factors were met, the officer testifies first.  Some jurisdictions allow the Cobb DUI officer to have help from the prosecutor’s office, or if the officer is a Georgia State Trooper, an attorney paid by the State of Georgia assists the officer on direct examination.  The Cobb DUI officer is then subject to cross-examination.  There are times when our Cobb DUI lawyers may decide to place our clients or other witnesses on the stand for direct examination.  Our witnesses would then be subject to cross examination from the other side.  Once the testimony and presentation of the evidence is finished, each side can make a closing argument.  The judge will then make a decision typically within 5 business days, and will transmit that decision to the parties and the Georgia Department of Driver Services.  If there is an error in how the judge ruled, there is an appellate process available to review the court’s decision.

What happens if I win the hearing?

If the OSAH judge finds that one or more of the applicable statutory factors above are not met, then the judge will issue an order reversing the suspension action, transmit it to the Georgia Department of Driver Services, and then Georgia DDS will delete the license suspension action off your driver’s history (no administrative license suspension).  This does not mean that the Cobb DUI criminal case is being dismissed, but a license suspension hearing can be a great tool for our Cobb DUI lawyers to gain an advantage in your Cobb DUI criminal case.

What happens if I lose the hearing?

If the judge finds that all of the applicable statutory factors were met by a preponderance of the evidence (a lower standard of proof than beyond a reasonable doubt), then the judge will issue an order affirming the license suspension action and will transmit the order to the Georgia Department of Driver Services, who will then impose the suspension.  Because the burden on the Cobb DUI officer is so low to meet in these hearings, there is a good possibility that your license may be suspended, but our Cobb DUI lawyers still may be able to gain an advantage in your Cobb DUI criminal case based on testimony from the hearing.  If the judge committed an error in ruling, the decision can be appealed.

Can I handle the license suspension hearing myself in my Cobb DUI case?

Because a license suspension action from a Georgia DUI arrest is a very complex subject that even many lawyers don’t understand, we strongly encourage you to contact our Cobb DUI lawyers right away to discuss your Cobb DUI case.  There are simply too many variables that can impact your driving privileges to be discussed here without knowing the specific facts of your case and your prior criminal history.  Remember, you only have 30 days to request a hearing through the Georgia Department of Driver Services.

Call our experienced Cobb DUI lawyers today:

If you are facing a Cobb DUI charge, a license suspension action, or have been ticketed for a serious traffic offense, contact our experienced Cobb DUI lawyers today.  We will meet with you free of charge to discuss your options, and provide advice based on our experience in the court where your case will be heard.  Contact us at 404.816.8777.

What if I am convicted for a DUI in Cobb County?  What are the penalties I am facing?

If you have been arrested for a DUI in Cobb County, it is important to know that there are mandatory Georgia DUI penalties for DUI convictions under the Georgia Code, which are set forth below.  The mandatory minimum penalties represent the absolute minimum requirements under Georgia law.  Cobb State Court judges can sentence you anywhere from the minimum penalty under the Georgia Statute all the way up to the maximum penalty allowed by law.  For any general misdemeanor, including your Cobb DUI, the maximum penalty could be up to 12 months in jail for each offense charged.  Judges also have discretion to add special probation conditions not listed below.  Additional penalties outside what is listed below may be imposed for DUI cases with other criminal charges.  In our experience, any sentence imposed typically exceeds the mandatory minimum penalty.  Contact Chestney & Sullivan Law Firm today at 404.816.8777.  A Cobb DUI trial lawyer is available 24 hours a day, 7 days a week to discuss your case.

FIRST DUI CONVICTION WITHIN TEN YEARS: (measured from the dates of previous arrests for which DUI convictions were obtained to the date of current arrest for which a DUI conviction is obtained):

*        Jail time: 10 days in jail of which the judge can suspend, stay, or probate all but 24 hours for offenses with alcohol concentration .08 or more.  There is no statutory minimum jail sentence where the State can’t prove alcohol concentration of 0.08 or more.  Maximum is 12 months in jail;

*        Probation: 12 months probation minus any jail time served (by law, this probationary time period cannot be shortened);

*        Fine: $300-$1000 plus statutory mandated surcharges, assessments, and probation supervision fees;

*        Community Service:

*        21 & over drivers: 40 hours – 250 hours;

*        under 21 drivers with an alcohol concentration of .08 or more: 40 hours – 250 hours;

*        Under 21 with alcohol concentration under .08: 20 hours – 250 hours;

*        DUI Alcohol or Drug Use Risk Reduction Program: Must be completed within 120 days of sentence (List of approved schools at: https://dds.georgia.gov/certified-dui-schools-locations);

*        Clinical evaluation for substance abuse: follow any recommended treatment (judge has discretion to waive clinical evaluation): (List of       approved evaluators  at: https://gaduiintervention.dbhdd.ga.gov/Home.aspx);

*        License suspension (see license suspension section below).

SECOND  DUI CONVICTION WITHIN TEN YEARS: (measured from the dates of previous arrests for which DUI convictions were obtained to the date of current arrest for which a DUI conviction is obtained):

*        Jail time: 90 days – 12 months in jail, of which the judge can probate all but 72 hours;

*        Probation: 12 months probation minus any jail time served (by law, this probationary time period cannot be shortened);

*        Fine: $600 – $1000 plus statutory mandated surcharges, assessments and probation supervision fees;

*        Community Service: 30 days (240 hours – 250 hours);

*        DUI Alcohol or Drug Use Risk Reduction Program: Must be completed within 120 days of sentence (https://dds.georgia.gov/certified-dui-schools-locations);

*        Clinical evaluation for substance abuse: Required by statute and Georgia DBHDD regulations (judge has no discretion to waive).  Must follow and complete any recommended treatment. (List of approved evaluators at: https://gaduiintervention.dbhdd.ga.gov/Home.aspx);

*        Additional requirements for drivers convicted for a second DUI offense within 5 years:

*        Photo and Case Disposition Published: published as legal notice in county legal organ where defendant resides or in county legal organ where conviction was obtained ($25 assessed);

*        License Plates Confiscated: all license plates on vehicles registered to the offender are to be surrendered to the court (by court order) and a receipt issued.  A license plate will only be reissued after a permit is issued or suspension is over (there is a possible hardship exception for other household members/co-owner of vehicle);

*        Ignition Interlock Device (see below);

*        License suspension (see license suspension section below).

THIRD DUI CONVICTION WITHIN TEN YEARS: (measured from the dates of previous arrests for which DUI convictions were obtained to the date of current arrest for which a DUI conviction is obtained):

*        Jail time: 120 days – 12 months in jail, of which the judge can probate all but 15 days;

*        Probation: 12 months probation minus any jail time served (by law, this probationary time period cannot be shortened);

*        Fine: $1000 – $5000 plus statutory mandated surcharges, assessments and probation supervision fees;

*        Community Service: 30 days (240 hours – 250 hours);

*        DUI Alcohol or Drug Use Risk Reduction Program: Must be completed within 120 days of sentence (List of approved schools at: https://dds.georgia.gov/certified-dui-schools-locations);

*        Clinical evaluation for substance abuse: Required by statute and Georgia DBHDD regulations (judge has no discretion to waive).  Must follow and complete any recommended treatment. (List of approved evaluators at: https://gaduiintervention.dbhdd.ga.gov/Home.aspx);

*        License suspension (see license suspension section below);

*        Additional requirements for drivers convicted for a second or more DUI offense within 5 years (measured from the dates of previous arrests for which DUI convictions were obtained to the date of current arrest for which a DUI conviction is obtained):

*        Photo and Case Disposition Published: published as legal notice in county legal organ where defendant resides or in county legal organ where conviction was obtained if defendant is a nonresident ($25 assessed);

*        License Plates Confiscated: all license plates on vehicles registered to the offender are to be surrendered to the court (by court order) and a receipt issued.  A license plate will only be reissued after a permit is issued or suspension is over (there is a possible hardship exception for other household members/co-owner of vehicle);

*        Ignition Interlock Device (see below);

*        Declared a Habitual Violator (for third in five year conviction measured from the dates of previous arrests for which convictions were obtained to the date of current arrest for which a conviction is obtained).

FOURTH OR SUBSEQUENT DUI CONVICTION WITHIN TEN YEARS: (measured from the dates of previous arrests for which DUI convictions were obtained to the date of current arrest for which a DUI conviction is obtained):

*        Felony if all four or more DUI arrests resulting in DUI convictions occur after July 1, 2008

*        Jail time: 1- 5 years in jail, of which the judge can probate all but 90 days;

*        Probation: 5 years probation minus any jail time served;

*        Fine: $1000 – $5000 plus statutory mandated surcharges, assessments and probation supervision fees;

*        Community Service: 60 days (480 – 500 hours)(can be suspended by judge if incarceration is for 3 or more years);

*        Misdemeanor (High and Aggravated) only if NOT all four or more DUI arrests resulting in DUI convictions occur after July 1, 2008

*        Jail time: 120 days – 12 months in jail, of which the judge can waive or suspend all but 15 days;

*        Probation: 12 months probation minus any jail time served (by law, this probationary time period cannot be shortened);

*        Fine: $1000 – $5000 plus statutory mandated surcharges, assessments and probation supervision fees;

*        Community Service: 30 days (240 hours – 250 hours);

*        DUI Alcohol or Drug Use Risk Reduction Program: Must be completed within 120 days of sentence (List of approved schools at: https://dds.georgia.gov/certified-dui-schools-locations);

*        Clinical evaluation for substance abuse: Required by statute and Georgia DBHDD regulations (judge has no discretion to waive).  Must follow and complete any recommended treatment.  (List of approved evaluators at: https://gaduiintervention.dbhdd.ga.gov/Home.aspx );

*        License suspension (see license suspension section below);

*        Additional requirements for drivers convicted for a second or more DUI offense within 5 years:

*        Photo and Case Disposition Published: published as legal notice in county legal organ where defendant resides or in county legal organ where conviction was obtained if defendant is a nonresident ($25 assessed);

*        License Plates Confiscated: all license plates on vehicles registered to the offender are to be surrendered to the court (by court order) and a receipt issued.  A license plate will only be reissued after a permit is issued or suspension is over (there is a possible hardship exception for other household members/co-owner of vehicle);

*        Ignition Interlock Device installed (see below);

*        Declared a Habitual Violator (for a third in five year conviction measured from the dates of previous arrests for which DUI convictions were obtained to the date of current arrest for which a DUI conviction is obtained);

*        Possible Seizure and Forfeiture of Motor Vehicle: If already declared a Habitual Violator for 3 prior DUI convictions and arrested and convicted for new DUI.

LICENSE SUSPENSION FOR DUI ALCOHOL CONVICTIONS:

*NOTE: Georgia Department of Driver Services (DDS) has new documentation requirements to get an I.D., license, or permit.  Also, DDS is now allowing payment of reinstatement fees online.  Please visit https://dds.georgia.gov/secure-id-faqs to find out what documents you will need to bring with you to DDS.

Listed below are license suspension penalties for Georgia drivers excluding CDL or other classes of Georgia licenses for DUI alcohol offenses.  Additional or harsher penalties may apply to CDL or other classes of Georgia licenses that are not listed below.  Additional or harsher suspensions may be imposed as a result of other criminal charges associated with the DUI case.  Different suspension penalties may also be imposed as a result of a DUI Drug conviction pursuant to OCGA § 40-5-63, § 40-5-75; §40-5-76 (permit for Drug Court participants); as well as from any judgment resulting from a Georgia administrative license suspension actionOut-of-state drivers are NOT ELIGIBLE for a limited permit in Georgia unless they obtain a valid Georgia license prior to sentencing.  Out-of-state licensees may also face penalties not only from Georgia but from the licensee’s home state as a result of a Georgia conviction for DUI or an administrative license suspension action – even if the out-of-state driver obtains a Georgia driver’s license prior to sentencing.

*        License Suspension (first DUI conviction within 5 years):

*        21 & over drivers: 12 months suspension, possible immediate limited permit for Georgia licensees and possible early license reinstatement after 120 days upon completion of DUI Alcohol or Drug Use Risk Reduction Program and payment of reinstatement fee ($200 by mail/internet, $210 in person);

*        Under 21 drivers with alcohol concentration of .08 or more: 12 months suspension with no limited permit, completion of DUI Alcohol or Drug Use Risk Reduction Program and payment of restoration fee ($200 by mail/internet, $210 in person);

*        Under 21 drivers with alcohol concentration under .08 or “refusal”: 6 months suspension with no limited permit, completion of DUI Alcohol or Drug Use Risk Reduction Program and payment of restoration fee ($200 by mail/internet, $210 in person);

*        Additional penalties for under 16 drivers:

Not eligible for license until age 17.  Driver must submit proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and payment of a reinstatement fee ($200 by mail/internet, $210 in person) to the Department of Driver Services;

  • 21 & over Drivers: second DUI conviction in 10 years (first in 5) suspension: 12 months suspension, possible immediate limited permit for Georgia licensees and possible early license reinstatement after 120 days upon completion of DUI Alcohol or Drug Use Risk Reduction Program, required clinical evaluation for substance abuse and completion of any recommended treatment program, and payment of restoration fee ($200 by mail/internet, $210 in person);
  • Restrictions of Limited Permit: (for Georgia licensees who qualify):
    1. Going to his or her place of employment;
    2. Receiving scheduled medical care or obtaining prescription drugs;
    3. Attending a college or school at which he or she is regularly enrolled as a student;
    4. Attending regularly scheduled sessions or meetings of support organizations for persons who have addition or abuse problems related to alcohol or drugs, which organizations are recognized by the commissioner;
    5. Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver’s license by the (DDS) commissioner;
    6. Attending court, reporting to a probation office or officer, or performing community service; or
    7. Transporting an immediate family member who does not hold a valid driver’s license for work, medical care, or prescriptions or to school.

*        License Suspension (second DUI conviction within 5 years) (measured from the dates of previous arrests for which DUI convictions were obtained to the date of current arrest for which a DUI conviction is obtained):

*        All drivers (including under 21 drivers): 3 years, with no limited permit for at least 120 days for Georgia licensees.  Reinstatement after 18 months if ignition interlock installation requirements are met or court issues order waiving the Ignition Interlock requirement, successful completion of a clinical evaluation and treatment program – if treatment recommended, completion of a DUI Risk Reduction program, and payment of restoration fee ($300 by mail/internet, $310 in person).  If a court issues an order waiving the Ignition Interlock requirement, Georgia licensees are NOT eligible for limited permit for the first 12 months of the suspension, after which he/she would be eligible for issuance of a limited driving permit without the interlock restriction for the balance of the suspension;

*        Georgia licensees: may apply for an Ignition Interlock Device permit after 120 days hard suspension through Georgia Department of Driver Services, provided proof is shown that the driver completed a DUI Risk Reduction Program, completed a clinical evaluation and is 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 installed an ignition interlock device in any vehicle that he or she may be operating.  List of Approved Interlock Service Providers: https://online.dds.ga.gov/ddsgeorgiagov/locations/interlock.aspx;

*        Clinical Evaluation: Required to undergo a clinical evaluation and complete a substance abuse treatment program if recommended in order to be eligible for license reinstatement after statutory minimum suspension period https://gaduiintervention.dbhdd.ga.gov/Home.aspx ;

*        DUI Risk Reduction Program: mandatory to be eligible for a limited permit for a Georgia licensee after minimum 120 day license suspension period and for reinstatement of Georgia license: (List of approved schools: https://dds.georgia.gov/certified-dui-schools-locations);

*        Ignition Interlock Device: required to be installed for eligibility for limited permit for Georgia licensees after 120 days;

Ignition Interlock Device Permit: Ignition Interlock Device permit may be available under the following conditions:

  1. Application for permit no sooner than serving 120 days of the suspension required from the DUI conviction;
  2. Must either provide certificate of eligibility from a DUI/Drug Court program in the court where convicted or proof of enrollment in minimum 120 day clinical treatment approved by the state;
  3. DUI Risk Reduction program must be completed by time of application for Ignition Interlock permit;
  4. Sentencing Court must approve permit (if not approved, no permit);
  5. Ignition Interlock Permit is required for the following based upon the incident date:

Incident date: July 1, 2001 to December 31, 2012 – 6 month interlock requirement.

Incident date: January 1, 2013 to June 30, 2013 – 8 month interlock requirement.

Incident date: July 1, 2013 or after – 12 month interlock requirement.

If successful monitoring for the applicable above period of time, then the ignition interlock device may be removed and the permit may be renewed for additional periods of two month increments;

  1. Ignition Interlock Device permit is NOT available during period of an administrative suspension arising out of a refusal to submit to the state’s chemical test or a 2nd in 5 year per se administrative suspension.

Restrictions of Ignition Interlock Device Permit: Restricted to drive solely for the following purposes:

  1. Going to his or her place of employment or performing the normal duties of his or her occupation;
  2. Attending a college or school at which he or she is regularly enrolled as a student;
  3. Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the (DDS) commissioner;
  4. Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver’s license or by the commissioner;
  5. Attending court, reporting to a community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or performing community service;
  6. Transporting an immediate family member who does not hold a valid driver’s license for work, to obtain medical care or prescriptions, or to school;
  7. Going for monthly monitoring visits with the permit holder’s ignition interlock device service provider; and
  8. Such other restrictions as the department (DDS) may require;
  9. Permit is valid for the prescribed period above. If successful monitoring for the prescribed period, the permit may be renewed without ignition     interlock under general DUI limited permit conditions;
  10. Cost of permit: $25 (renewal of permit is $5);
  11. List of Approved Ignition Interlock Service Providers:

                (https://online.dds.ga.gov/ddsgeorgiagov/locations/interlock.aspx)

  • Ignition interlocks MUST be installed in Georgia.
  • Ignition Interlock waiver eligibility:

Trial court can waive the ignition interlock requirement if the court determines that it would impose a financial hardship on the driver.  If the driver opts to have the ignition interlock requirement waived, the driver is not eligible for a 6 month permit until after the first year of the suspension.

  • Additional special conditions for under 16 drivers:

No license until age 18. Driver must submit proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and payment of a reinstatement fee ($300 by mail/internet, $310 in person) to the Department of Driver Services.

*        License Revocation (third offense within 5 years) (measured from the dates of previous arrests for which DUI convictions were obtained to the date of current arrest for which a DUI conviction is obtained):

*        Declared a habitual violator

*        All drivers: 5 year suspension, with no limited permit for Georgia licensees for at least 24 months;

*        possible probationary license for Georgia licensees after 24 months if:

*        No prior convictions or pleaded nolo contendere to a charge of violating Title 3 of the Georgia Code relating to alcoholic beverages, or to a charge of violating any provision of Chapter 13 of Title 16 of the Georgia Code relating to controlled substances that are reported on the driver’s Georgia driver’s history;

*        No convictions for traffic offenses in 2 years immediately preceding application for permit;

*        Had no convictions for traffic offenses that resulted in serious injury or death of any individual;

*        Successfully completed a DUI Alcohol or Drug Use Risk Reduction program prior to the issuance of a permit;

*        Provide a sworn affidavit to DDS that such person does not excessively use alcoholic beverages and does not illegally use controlled substances or marijuana (DDS typically requires completion of an approved substance abuse treatment program);

*        Provide proof  of  financial responsibility (liability insurance);

*        Payment of $210 ($200 by mail/internet) to DDS to process permit application;

*        An ignition interlock device must be installed for a minimum of 8 months immediately following the issuance of the probationary license;

*        At the end of the 5 year revocation period, if all conditions are met, a driver may apply to reinstate his or her driving privileges by submitting payment of $410 ($400 by mail/internet) and submitting proof of completion of a DUI Risk Reduction program.  The department may also conduct an investigation to determine if is safe to grant the privilege of driving a motor vehicle on the public highways.

  • Additional special conditions for under 16 drivers:

No license until age 18.  Driver must submit proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and payment of a reinstatement fee ($400 by mail/internet, $410 in person) to the Department of Driver Services.

Please contact Chestney & Sullivan Law Firm at 404.816.8777 to more thoroughly discuss the possible implications of an administrative license suspension action on your license and/or driving privileges.  An experienced Cobb DUI lawyer with the firm is available 24/7 to discuss your case.