There are few charges more damaging to someone’s life than those involving DUIs. Fortunately, with the help of a seasoned Cobb County DUI lawyer, you may not have to face the various potential consequences that you would without strong legal counsel on your side. No matter your circumstances, if you’ve been charged with a DUI-related offense in Georgia, the Miller Law Practice, LLC is here. Contact our firm to learn more about DUI charges in Georgia and how we can help you fight them.
Do I Need to Hire a Cobb County DUI Lawyer?
Our Cobb County DUI lawyer has handled countless DUI cases over the years, and whether this is your first, second, third, or subsequent DUI offense, you can feel confident in the skilled, aggressive legal representation that Attorney Miller has to offer.
First-Offense DUI Penalties
Even if this is only your first offense, you can expect far more than a simple “slap on the wrist.” If you are convicted of a first-offense DUI in Georgia, you will most likely face the following penalties:
- A 12-month license suspension, though you may have your license reinstated after 120 days upon completion of the DUI Alcohol or Drug Use Risk Reduction Program
- Between 10 days and 1 year in jail
- A potential $300-$1,000 fine, plus court surcharges
- Up to 40 hours of community service
- You may be subjected to clinical evaluation and treatment
That being said, you should understand that if this is your first offense, you will only have 30 days from the date of your arrest to speak with an experienced Georgia DUI lawyer who will schedule an Administrative License hearing, wherein he can work to protect your license from suspension. Without doing so within 30 days, your license will be immediately suspended.
Second-Offense DUI Penalties
If this is your second DUI offense within five years, you will now face even harsher penalties. The consequences of a second-offense DUI conviction in Georgia are as follows:
- A 3-year license suspension
- Between 90 days and 1 year in jail
- A potential $600-$1,000 fine, plus court surcharges
- Up to 240 hours of community service
- Enrollment in the DUI Alcohol or Drug Use Risk Reduction Program
- You may be subjected to clinical evaluation and treatment
Third-Offense DUI Penalties
For a third-offense DUI within five years, you will now be declared a habitual offender, and for which, you will most likely face the following consequences:
- You will receive a 5-year license suspension
- Between 120 days and 5 years in jail
- A potential $1,000-$5,000 fine, plus court surcharges
- Up to 240 hours of community service
- Enrollment in the DUI Alcohol or Drug Use Risk Reduction Program
- You may be subjected to clinical evaluation and treatment
Fourth-Offense DUI Penalties
For a fourth-offense DUI in Georgia, you are now facing felony charges, for which you will most likely face consequences that may affect you for the rest of your life. The penalties for a fourth-offense DUI within five years in Georgia are as follows:
- A 10-year license suspension
- Up to 5 years in jail
- A potential $1,000-$5,000 fine, plus court surcharges
- Up to 500 hours of community service
- You may face the potential seizure and forfeiture of your motor vehicle
Underage DUI Penalties in Georgia
In Georgia, if you are under the age of 21 and you are caught operating a motor vehicle with a BAC of .02% or higher, you will most likely receive a DUI charge. For a first offense, you will face a $300-$1,000 fine, between 24 hours-12 months in jail, and at least 20 hours of community service. For a second-offense underage DUI, you will most likely face a potential $600-$1,200 fine, between 72 hours-12 months in jail, and at least 30 days of community service.
For a third underage DUI, you will most likely face a “high and aggravated” misdemeanor charge, which comes with a potential $1,000-$5,000 fine, between 15 days-12 months in jail, and a minimum of 30 days of community service. Finally, for a fourth-offense underage DUI within 10 years of the first, you will face a felony charge, which may entail a $5,000 fine, between 90 days-5 years of incarceration, and at least 60 hours of community service. You should note that all those convicted of DUIs while under the age of 21 will lose their driver’s licenses for anywhere between six months and five years, depending on the circumstances of their conviction and whether they have one or more prior DUI convictions.
Penalties for a DUI With a Commercial Driver’s License
Those who’ve been arrested for a DUI while operating a commercial vehicle have a lot on the line, as they may lose their commercial license for good, thereby also losing their livelihood. While most DUIs are only issued to drivers operating their motor vehicles with a BAC of .08% or higher, if you are driving a commercial vehicle, you may face a DUI if you are arrested with a BAC of only .04%. For a first-offense DUI with a CDL, you will most likely lose your commercial license for up to one year. For a second-offense DUI with a CDL, your commercial license will be permanently revoked.
Potential Defenses Against DUI Charges
While the consequences of all of the aforementioned DUI-related charges are severe, an experienced Georgia criminal defense lawyer can work to ensure you never face such consequences, or, at the very least, mitigate the impact of those consequences. Some of the most common defenses against DUI charges that our firm may use (depending on the circumstances of your case) are as follows:
- The arresting officer had no reasonable suspicion to conduct an investigation
- There was no probable cause for an arrest
- The breathalyzer used during your arrest provided inaccurate results
- The blood or breath sample was improperly obtained or assessed
- The arresting officer improperly administered your field sobriety tests
- Your constitutional rights were violated
Contact Our Cobb County DUI Lawyer
The bottom line is that if you have been charged with a DUI in Cobb County or anywhere in Georgia, you cannot go it alone–you need aggressive legal representation. Fortunately, our Cobb County DUI lawyer is here to fight on your behalf. Contact the Miller Law Practice, LLC today to schedule your initial consultation with our firm.