Experienced Cobb County DUI Lawyers at Chestney & Sullivan

If you are arrested for Driving Under the Influence (DUI) in Cobb County, our experienced Cobb County DUI lawyers at Chestney & Sullivan can discuss your case anytime – including after-hours and weekends! Typically, in a Driving Under the Influence case, action will need to be taken within thirty days regarding your driver’s license if you refused the state chemical test or tested over the legal limit. This license suspension action is a legal action separate from the DUI criminal case in Cobb State Court. If you refused the officer’s request for a blood test, Mr. Sullivan argues before the Georgia Supreme Court that a defendant’s right to refuse the state blood test cannot be used against him at trial. He won that issue at the trial court level, and the prosecution appealed the case to the Georgia Supreme Court. We can discuss how recent appellate cases, including Mr. Sullivan’s case in the Georgia Supreme Court, may help defend your DUI. We offer a free in-office consultation on how we can effectively protect your Cobb DUI charges. 404-816.8777

Were you arrested and charged with a DUI in Cobb County?

Being arrested for a DUI in Cobb County is a stressful experience. Our Cobb County DUI lawyers understand what you are going through. We are available to discuss your Driving Under the Influence criminal case and a likely administrative license suspension action. Chestney & Sullivan’s experienced Cobb County DUI lawyers successfully defended Driving Under the Influence charges in Cobb County State Court. You may have many questions about your case, including what penalties you may face if you are arrested for Driving Under the Influence in Cobb County. What is the court process in Cobb County? What possible defenses are there in my DUI case? You may also have concerns about your ability to drive and a potential license suspension. People come to us because we provide the absolute most vigorous defense available to those facing DUI charges in Cobb. And in most cases, our Cobb County DUI lawyers can protect their freedom, ability to drive, and criminal record. You may not feel at this time that you have a solid opportunity to avoid a conviction for the charges you face. But the law provides critical protections to you and may lead to a successful defense in an otherwise seemingly indefensible case!

We are available to answer your questions and understand the anxiety you may be experiencing. Our Cobb DUI lawyers can put your mind more at ease as we explain the court and investigation process and how we successfully defend DUI charges in Cobb County. Our DUI lawyers are available anytime to discuss your case—including on weekends! Call us at 404.816.8777 today.

Our experienced Cobb County DUI lawyers are prepared to vigorously defend your Cobb Driving Under the Influence case whether you have a DUI in Acworth, Austell, Kennesaw, Marietta, Powder Springs, Smyrna, Cobb County State Court, or anywhere else in Cobb County. The roads surrounding The Battery are a known hot spot for Cobb County police patrolling for impaired drivers. With the Atlanta Braves winning the World Series in 2021 and consistently appearing in playoffs, there are increased patrols for impaired drivers around The Battery. The Battery is now a popular dining and bar destination year-round.  

The Cobb County Police Department receives federal money (H.E.A.T. grant) to enforce DUI laws.

The Governor’s Office of Highway Safety recently awarded the Cobb County Police Department a HEAT grant to fund the Cobb County Police Department’s HEAT unit, which comprises three Cobb County Police Officers. This unit concentrates on DUI detection in Cobb County. This stepped-up DUI enforcement works with the Governor’s Office of Highway Safety (GOHS), coordinating DUI enforcement programs. H.E.A.T. grant recipients, like the Cobb County Police Department and Georgia State Patrol Nighthawks, must participate in these campaigns as part of special conditions in their grant. Cobb Police Department also uses federal money through the American Rescue Plan Act to hire more public safety officers. They are required to use this grant to enforce DUI laws, so the Cobb Police arrest many people for driving under the influence.

Demanding a jury trial in municipal court in a Cobb DUI case.

When your Cobb Driving Under the Influence case begins in any one of the municipal courts, if you demand a jury trial, the municipal court loses jurisdiction over your Cobb DUI case. It is transferred to the Cobb County state or superior court system for prosecution. Sometimes, preserving your right to a jury trial is the best option if the prosecution in municipal court refuses to negotiate an acceptable resolution in your case. Some Cobb municipal courts will not allow a Driving Under the Influence case to be tried in their jurisdiction, leaving the only option to contest your Cobb DUI case in the Cobb County State or Superior Court system.

The Cobb County Solicitor’s Office prosecutes your Cobb DUI charges.

The Cobb County Solicitor General’s Office will be responsible for prosecuting your Cobb DUI in Cobb County State Court when you request a jury trial in a municipal court and your case is transferred to state court, as their office will prosecute your case if it involves misdemeanor charges. The solicitor’s office is also responsible for prosecuting your case if sent directly to the Cobb County State Court, bypassing any municipal courts in Cobb County. The current elected Cobb County Solicitor is Maki Metzger. Two prosecutors are assigned to each courtroom in Cobb County State Court.

Can I send my Cobb DUI case to Cobb State Court for a jury trial?

Yes, you have a constitutional right to a jury trial in your Cobb DUI case, and you can send your Cobb driving under the influence case to Cobb State Court for a jury trial. There are many times when a jury trial is the best possible option to avoid a DUI conviction in your Cobb DUI case. If your case starts in a municipal court in Cobb County and you want to have a jury trial, or at least preserve your right to have one (if needed), then your case must be transferred to Cobb County State Court. Cobb County municipal courts do not conduct jury trials as they are “courts of limited jurisdiction,” meaning the legislature did not empower municipal courts to conduct jury trials. Cobb State Court currently has twelve state court judges and two senior state court judges. The twelve state court judges are Chief Judge Carl Bowers, Judge Eric Brewton, Judge Bridgette Campbell, Judge Jason Fincher, Judge Maria Golick, Judge Marsha Lake, Judge Jane Manning, Judge John Morgan, Judge Ashley Palmer, Judge Allison Salter, Judge Diana Simmons, and Judge Jaret Usher. Your case will be assigned to one of the twelve judges once your case is filed with the Cobb County Clerk of Court. 

Can I have a judge decide my Cobb DUI case (bench trial) instead of a jury?

Yes, you can have a judge decide your Cobb DUI at a bench trial if the court and prosecution allow it. Even though your case may have been sent to Cobb County State Court from a municipal court, there are circumstances where 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) in state court. This determination is usually made after an investigation into your Cobb DUI is complete, where our Cobb County DUI Lawyers look to the judge’s assignment, the facts of the case, and the legal issues involved. The prosecution can object to a bench trial. 

The Cobb County Police and your DUI

The Cobb County Police, by far, make the most DUI arrests in Cobb County.  The Cobb County Police Headquarters moved its headquarters to 545 S. Fairground Street, Marietta, GA 30060. The Cobb Police has a specialized DUI Task Force, making the most DUI arrests in Cobb County. The Cobb DUI Task Force officers, like all Cobb County police officers, have received a minimum of 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 (SFST) endorsed by the National Highway Traffic Safety Administration (NHTSA). The Cobb County Police Department received a grant in September 2019  for a specialized traffic enforcement unit called H.E.A.T. that will have an additional concentration on DUI detection and enforcement in Cobb County. Some Cobb DUI Task Force officers have received additional DUI training, such as ARIDE (Advanced Roadside Impaired Driving Enforcement) or DRE (Drug Recognition Expert). The Cobb County Police DUI Task Force Officers are also known for seeking search warrants for blood if a driver refuses to voluntarily submit to a chemical test when arrested for a DUI. All Cobb County DUI Task Force officers are certified by the Georgia Bureau of Investigation to operate Georgia’s breath testing instrument, the Intoxilyzer 9000. Our Cobb County DUI lawyers also see DUI arrests in Cobb County made by the Georgia State Patrol Nighthawks (DUI task force). Georgia State Patrol will also bring their “SCRT” team (Specialized Collision and Reconstruction Team) to investigate if a significant accident occurs.  

Our Cobb DUI defense attorneys know how to challenge a Cobb DUI. We are all trained in Standardized Field Sobriety Evaluations. Mr. Sullivan was certified in Standardized Field Sobriety evaluations by “SFST” instructors with the Conyers Police Department and Rockdale County Sheriff’s Office. One of the benefits of investigating and contesting a Cobb Driving Under the Influence charge is that most Cobb DUI Task Force vehicles are equipped with video and audio. Their video equipment has features similar to a DVR or “TVO” many people have at home for their TVs. Their equipment continuously records but will not preserve anything until the officer manually activates the recording or activates his emergency equipment (lights). Then, the video will be preserved between 30 and 60 seconds before activation, and typically, the Cobb DUI officers will run their video until it is turned off when they reach the jail or their final destination. Many of the Cobb Police officers have body cameras that will be provided to us by the Solicitor’s Office. Videos can also be obtained or viewed through the court process.

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

To build a strong DUI defense in Georgia, our Cobb County DUI lawyers start by meeting with you about your Cobb DUI case and learning as much as possible from you about what happened. Using this core information, we can look for more evidence to help our defense by using specialized resources to determine if your arrest’s testing and other details were accurate and legal. We gather information, videos, 911 calls, possible surveillance videos, police reports, road/scene conditions documents, and more. There are also times when we use the services of toxicologists, accident reconstructionists, private investigators, breath test/field sobriety experts, medical professionals, and video illustrators, to name a few, to help build a solid defense in your Driving Under the Influence case in Cobb County. Our Cobb DUI lawyers then analyze your case, starting with whether the initial stop or reason why the police were involved was legal. We also look for suppression issues with the admissibility of field sobriety tests or state chemical tests (breath, blood, or urine). We also develop strategies to conduct the license suspension hearings, preliminary/committal hearings, motion hearings, and trials. This approach is an effective way to make sure we are prepared to defend your Cobb DUI. 

Can I enter a guilty plea myself to Driving Under the Influence and avoid hiring an experienced Cobb County DUI lawyer?

There is a saying that “a person who represents himself has a fool for a client.” It is not a good idea to enter a guilty plea yourself to driving under the influence charges in Cobb County. Driving Under the Influence cases in Cobb County are some of the most severe cases prosecuted in Cobb County State Court. Even if you think you are guilty and may not want to fight your Cobb DUI case all the way, there are matters that a skilled Cobb County DUI lawyer is better able to handle than someone representing him or herself. Here are some reasons why you may consider hiring Chestney & Sullivan rather than representing yourself:

• You can jeopardize your driving privileges if you go to court and enter a guilty plea by yourself. Suppose a Cobb DUI officer has arrested you. In that case, you will be taken to the Cobb County Adult Detention Center, and you likely were notified of an administrative license suspension action. Enter a guilty plea without adequately 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 and unless the administrative action is conducted correctly.
• 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 and the license suspension action can improve your chances of being able to drive.
• Other charges, besides your Cobb DUI charge, maybe more serious and carry more punishment than the Driving Under the Influence charge itself.
• Sometimes, the prosecutor gives a bad plea offer. Even if you decide not to contest your case, an experienced Cobb DUI attorney who is familiar with the municipal courts in Cobb County, as well as Cobb County State Court or Superior Court, can assess a plea offer to determine if it is worth taking or whether it is best to take your case to trial.
• If you decide to represent yourself at trial, the Georgia Rules of Evidence still apply. 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.

Cobb County Police Officers are using search warrants (for your blood) to use in the prosecution of your Driving Under the Influence case.

Cobb Police Officers do use search warrants for blood if you refuse to submit to their chemical test voluntarily. On July 1, 2006, a law took effect in Georgia that expands the available use of search warrants in Driving Under the Influence cases (OCGA 40-5-67.1(d.1)). This law was passed after the Georgia Supreme Court in State v. Collier, 279 Ga. 316 (2005), ruled that law enforcement officers could not use coercion techniques to obtain a blood sample by threatening to get a search warrant and use a catheter to receive it. During the Collier case, the statute prohibited search warrants for bodily substances if a person refused to submit to a chemical test under the Georgia Implied Consent Notice. The 2006 legislation attempted to expand the use of search warrants in Driving Under the Influence arrests. Our Cobb County DUI lawyers believe the final version of the bill falls short of allowing search warrants for blood, breath, or urine samples when a suspect refuses to submit a sample after being read the Georgia Implied Consent Notice. The “no test shall be given” language if a driver refuses the state chemical test is still in the statute’s current version. Our firm is also making a constitutional challenge to how the 2006 statute was passed by the Georgia Assembly (Georgia legislature). If the Cobb County Police Officer obtained a chemical sample from you after getting a search warrant, call us today, and we can explain in more detail how we are attacking the admissibility of chemical tests obtained by search warrants in Driving Under the Influence cases. Although you may have ultimately given a chemical sample to the Cobb County Police under a search warrant, your officer may still attempt to suspend your Georgia driver’s license or privilege to drive here in this state administratively if you initially refused to submit to a chemical test when the implied consent notice was read. See below for steps that may need to be taken to protect your driving privileges. Currently, the Cobb Police Department is taking the position that if a suspected DUI driver refuses a blood test under a search warrant, the police will not force a blood draw but will bring an additional charge of Obstruction of a Law Enforcement Officer and serve you with a notice of a license suspension action.

What happens if  I have an Administrative License Suspension action in my Cobb DUI case?

Besides your Cobb DUI criminal case pending in Cobb County, you are likely facing an administrative license suspension. There is only a limited time to request a separate hearing conducted by the Office of State Administrative Hearings to keep your driving privileges. The Office of State Administrative Hearings conducts license suspension hearings in DUI cases. Whether you refused the State’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 an administrative license suspension. If a Cobb DUI Task Force Officer has arrested you, you can be sure they initiated a license suspension action against you. The notice that is used is called a DDS-1205 form. This form is either yellow or white; the officer may have had you sign it. Sometimes, this paperwork gets lost (you may have received it, but it may have been misplaced, or it may have been lost at the jail).

Our Cobb County DUI Lawyers strongly suggest that you set up an online account with the Georgia Department of Driver Services to monitor the status of your driver’s license: https://dds.georgia.gov/online-services

Regardless of whether you have received a DDS-1205 form in your Cobb DUI case, you need 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 regarding a DUI administrative license suspension action:

(Beware of choosing 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 that you do nothing within 30 days of your Cobb DUI arrest date. If you do nothing and your Cobb DUI officer initiates an administrative license suspension action, then on the 46th day after the date of your being arrested for Driving Under the Influence in Cobb, Georgia, the Department of Driver Services will automatically suspend your driving privileges for one year with no permit to drive. Even if you did not receive the DDS-1205 form due to your Cobb Driving Under the Influence arrest, we still recommend that you take some 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 for an administrative hearing in your Cobb DUI case:

   Requesting an administrative hearing 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 your Cobb DUI officer’s request for a state-administered chemical test of your breath, blood, urine, or other bodily substances. A $150 filing fee is made payable to the Dept. of Driver Services for DDS to process the hearing request. 

3. Properly waive your right to a DUI administrative license suspension hearing and have an ignition interlock installed:

   The track to properly waive your right to an administrative hearing and have an ignition interlock installed came into effect on July 1, 2017. This allows the first DUI arrest in five years for 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 waiving your right to an administrative hearing through the Georgia Department of Driver Services. You will need to have installed an ignition interlock device on your vehicle by an approved Ignition Interlock Device Provider 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 installing the ignition interlock first and then going to DDS within 30 days from the date of arrest to obtain the permit. There are obvious concerns and pitfalls in choosing this track. For many, the stigma of having the ignition interlock device installed in their vehicle is not worth it. The ignition interlock device is expensive, requiring installation and monthly monitoring fees. 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 administrative license suspension (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 their Georgia driver’s license;
  • If the person holds a Georgia commercial driver’s license (CDL), they must downgrade to a non-commercial Georgia driver’s license to obtain and maintain the permit;
  • A driver cannot have any prior convictions for Driving Under the Influence in the 5 years preceding the application for the permit. If there is a DUI arrest with a DUI conviction within 5 years of the current Cobb Driving Under the Influence arrest, the person can still opt for track 2 – requesting an administrative hearing, or track 1 – do nothing at all;
  • The person must surrender their Georgia driver’s license, either to the Cobb DUI arresting officer at the time of arrest or to DDS before issuance of the permit; and,
  • There is 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 they consent to or refuse 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 4 months. If they are subsequently acquitted of the underlying Cobb DUI charge or the underlying 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 12 months, regardless of the outcome of the Driving Under the Influence charge in Cobb.

Successful maintenance of the ignition interlock device must be evidenced by the permit holder to DDS by producing satisfactory monthly monitoring reports before DDS removes 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. Still, it may only be renewed one time once the permit holder becomes eligible to reinstate their 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.

As the title of the ignition interlock device limited permit suggests, there are limitations on where you can drive while on the IID permit:

• Going to their place of employment or performing the regular duties of their occupation;
• Receiving scheduled medical care or obtaining prescription drugs;
• Attending a college or school at which they are regularly enrolled as a student;
• Going to regularly scheduled sessions or meetings of treatment support organizations for persons who have an 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;
• Appearing in court, reporting to 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 under 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
• Conduct monthly monitoring visits with the permit holder’s ignition interlock device service provider.

Please contact our experienced Cobb County DUI lawyers today to discuss your Cobb Driving Under the Influence case with dedicated Cobb DUI lawyers at 404.816.8777. Our Cobb DUI defense attorneys are experienced in handling license suspension actions. We can review your case and prepare a strategy for defending your Cobb DUI charges and your license suspension action.

Frequently Asked Questions About Cobb County DUI Cases

So, I correctly requested 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. A separate court from your Cobb DUI criminal case litigates the license suspension action. Once the Georgia Department of Driver Services processes your request for a hearing, your case is sent to the Georgia Office of State Administrative Hearings (OSAH), where a hearing will be scheduled in front of a judge from that agency. Typically, a hearing date is roughly 60 days from your Cobb Driving Under the Influence arrest date. Once a hearing is requested, the Department of Driver Services will extend your driving privileges until an order is entered from an OSAH judge.

The scope of the DUI license suspension hearing is minimal:

At a hearing, the OSAH judge has a minimal role in deciding to uphold a license suspension in your Cobb DUI case. The judge is bound by law to only look at certain statutory factors to determine whether those factors were met based on the evidence presented at the hearing. 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 daycare, or any other hardship you may have 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 your 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
• Was the person involved in a motor vehicle accident or collision resulting in severe 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
• Did the person refuse 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 correctly 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 administrative hearing conducted in my Cobb DUI case?

The judge will enforce the Georgia Rules of Evidence and the Administrative Rules of Procedure, similar to other court proceedings. The officer testifies first because the burden is on your Cobb DUI officer to establish that the statutory factors were met. Some jurisdictions allow DUI officers to receive 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 in direct examination. The Cobb DUI officer is then subject to cross-examination. Sometimes, we may place our clients or 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 are finished, each side can make a closing argument. The judge will then typically decide within five business days and transmit that decision to the parties and the Georgia Department of Driver Services. The decision is also posted on the Office of State Administrative Hearings website. If there is an error in how the judge ruled, an appellate process is available to review the court’s decision.

What happens if I win the administrative hearing in my DUI case?

Suppose the judge finds that one or more of the applicable statutory factors above need to be met in your Cobb DUI administrative hearing. In that case, 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 from your driver’s history (no administrative license suspension) and your driving privileges are reinstated pending the outcome of the criminal case. This does not mean that the Cobb DUI criminal charges are being dismissed, but an OSAH hearing can be an excellent tool for a Cobb County DUI lawyer to gain an advantage in your Cobb DUI criminal case.

What happens if I lose my license suspension hearing and how does that affect my Cobb DUI criminal charges?

Suppose the judge finds that all applicable statutory factors were met by a preponderance of the evidence (a lower standard of proof than beyond a reasonable doubt), and you lose your license suspension hearing. In that case, the judge will issue an order affirming the license suspension action and transmit the order to the Georgia Department of Driver Services, which will then impose the license suspension. Again, your license may be suspended because the burden on the Cobb DUI officer is too low to meet in these license suspension hearings. However, we still may be able to gain an advantage in the Cobb DUI criminal case based on testimony from the license suspension hearing. If the judge committed an error in a ruling, the decision can be appealed by your Cobb County DUI lawyer. Also, if your Cobb DUI charge is reduced or dismissed, or you are found not guilty, the suspension is lifted and deleted from your driver’s history as a matter of law.

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

Because an administrative license suspension action (and license suspension hearing) from a Georgia Driving Under the Influence arrest is a complex subject that even many lawyers don’t understand, our Cobb County DUI lawyers strongly encourage you to contact us immediately to discuss your Cobb DUI case. It is not a good idea to handle the license suspension hearing yourself. Too many variables can impact your driving privileges, which are 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 license suspension hearing through the Georgia Department of Driver Services. Call our Cobb County DUI lawyers today, and we will be more than happy to discuss your case and the license suspension action process.

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

Suppose you have been arrested for a DUI in Cobb County. In that case, it is essential to know that there are mandatory Georgia DUI penalties for DUI convictions under the Georgia Code, which are set forth below. The minimum compulsory penalties represent the absolute minimum requirements under Georgia law. Municipal courts in Cobb County or Cobb State Court judges can sentence you anywhere from the minimum penalty under the Georgia Statute 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 the discretion to add special probation conditions not listed below. For most DUI convictions, part or all of the sentence will be served on probation. 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. If you are a multiple DUI offender, Cobb County does offer a specialized DUI Court program that may significantly lessen a jail sentence.

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.

Mandatory Georgia DUI penalties for DUI convictions under the Georgia Code

Below are statutory penalties for DUIs in Georgia. Depending on which Cobb State Court Judge your case is assigned to and your criminal history, it is likely that a judge will not give the statutory minimum penalties and increase punishment.  A Cobb County DUI lawyer will be better positioned to advise you on what a particular judge may do if you are convicted of a DUI.

PENALTIES FOR A FIRST DUI CONVICTION WITHIN TEN YEARS:

(measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained)

• Jail time: 10 days in jail, during which the judge can suspend, stay, or probate all but 24 hours for offenses with an alcohol concentration of .08 or more. There is no statutory minimum jail sentence where the State can’t prove an alcohol concentration of 0.08 or more. The maximum is 12 months in jail;
• Probation: 12 months of probation minus any jail time served (by law, this probationary period cannot be shortened);
• Fine: $300-$1000 plus statutorily 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 the 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 the discretion to waive clinical evaluation): (List of approved evaluators at: https://dbhddapps.dbhdd.ga.gov/MOPAS/ProviderSearch/SearchDUIIPProvider.aspx);
• License suspension (see license suspension section below).

PENALTIES FOR A SECOND DUI CONVICTION WITHIN TEN YEARS:

(measured from the dates of previous arrests for which DUI convictions were obtained to the date of the 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 of probation minus any jail time served (by law, this probationary period cannot be shortened);
• Fine: $600 – $1000 plus statutorily 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 the 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://dbhddapps.dbhdd.ga.gov/MOPAS/ProviderSearch/SearchDUIIPProvider.aspx);

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

• Photo and Case Disposition Published: published as a legal notice in the county legal organ where the defendant resides or in the county legal organ where the 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-owners of a vehicle);
• Ignition Interlock Device (see below);
• License suspension (see license suspension section below).

PENALTIES FOR A THIRD DUI CONVICTION WITHIN TEN YEARS:

(measured from the dates of previous arrests for which DUI convictions were obtained to the date of the 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 of probation minus any jail time served (by law, this probationary period cannot be shortened);
• Fine: $1000 – $5000 plus statutorily 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 the 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://dbhddapps.dbhdd.ga.gov/MOPAS/ProviderSearch/SearchDUIIPProvider.aspx);
• License suspension (see license suspension section below);

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

• Photo and Case Disposition Published: published as a legal notice in the county legal organ where the defendant resides or in the county legal organ where the conviction was obtained if the 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-owners of a 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 the current arrest for which a sentence is received).

PENALTIES FOR A 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 the 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 of probation minus any jail time served;
  • Fine: $1000 – $5000 plus statutorily mandated surcharges, assessments, and probation supervision fees;
  • Community Service: 60 days (480 – 500 hours)(can be suspended by the 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 of probation minus any jail time served (by law, this probationary period cannot be shortened);
  • Fine: $1000 – $5000 plus statutorily 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 the 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://dbhddapps.dbhdd.ga.gov/MOPAS/ProviderSearch/SearchDUIIPProvider.aspx);
  • License suspension (see license suspension section below);

Additional requirements for drivers convicted for a second or more DUIs within 5 years:

• Photo and Case Disposition Published: published as a legal notice in the county legal organ where the defendant resides or in the county legal organ where the conviction was obtained if the 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-owners of a 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 the current arrest for which a DUI conviction is obtained);
• Possible Seizure and Forfeiture of Motor Vehicle: If already declared a Habitual Violator for three prior DUI convictions and arrested and convicted for a new DUI.

License Suspension For DUI ALCOHOL Convictions

NOTE: Georgia Department of Driver Services (DDS) has new documentation requirements for getting 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, including                   CDL or other classes of Georgia licenses for DUI alcohol offenses. Additional or harsher penalties may apply to CDL or different courses of Georgia licenses not listed below. Additional or harsher suspensions may be imposed due to other criminal charges associated with the DUI case. Different suspension penalties may also be imposed due to a DUI Drug conviction under OCGA ’40-5-63, ‘ 40-5-75; §40-5-76 (permit for Drug Court participants), and any judgment resulting from a Georgia administrative license suspension action. Out-of-state drivers are NOT ELIGIBLE for a limited permit in Georgia unless they obtain a valid Georgia license before 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 before sentencing.

License Suspension (first DUI conviction within 5 years):

• 21 & over drivers: 

  12 months suspension, possible immediate limited permit for Georgia licensees, and likely 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 an 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 a 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) Going to their place of employment;
  • Receiving scheduled medical care or obtaining prescription drugs;
  • Attending a college or school at which they are regularly enrolled as a student;
  • Attending regularly scheduled sessions or meetings of support organizations for persons who have an addiction or abuse problems related to alcohol or 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 or her driver’s license by the (DDS) commissioner;
  • Attending court, reporting to a probation office or officer, performing community service, or
  • 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 the current arrest for which a DUI conviction is obtained)

• All drivers (including under 21 drivers): 

  License suspension for 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 the court issues an order waiving the Ignition Interlock requirement, successful completion of a clinical evaluation and treatment program – if treatment is 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 a 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: 

  Georgia licensees may apply for an Ignition Interlock Device permit after 120 days of hard suspension through the 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: 

  You are required to undergo a clinical evaluation and complete a substance abuse treatment program, if recommended, to be eligible for license reinstatement after the statutory minimum suspension period https://gaduiintervention.dbhdd.ga.gov/ProviderSearch/SearchDUIIPProvider.aspx;

• DUI Risk Reduction Program: 

  Completion of a DUI Risk Reduction program is mandatory to be eligible for a limited permit for a Georgia licensee after a 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 a limited permit for Georgia licensees after 120 days;
• Ignition Interlock Device Permit: The Ignition Interlock Device permit may be available under the following conditions:

1. 1. Application for a permit no sooner than serving 120 days of the suspension required from the DUI conviction;
   2. Must either provide a certificate of eligibility from a DUI/Drug Court program in the court where convicted or proof of enrollment in a minimum 120-day clinical treatment approved by the state;
   3. The DUI Risk Reduction program must be completed by the time of application for an Ignition Interlock permit;
   4. The Sentencing Court must approve the permit (if not approved, no permit);
2. Ignition Interlock Permit is required for the following based on 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, then the ignition interlock device may be removed, and the permit may be renewed for additional periods of two-month increments;

1. 1. An ignition Interlock Device permit is NOT available during an administrative suspension arising from a refusal to submit to the state’s chemical test or a second in five-year per se administrative suspension.

Restrictions of Ignition Interlock Device Permit

Restricted to drive solely for the following purposes:

1. Going to their place of employment or performing the regular duties of their occupation;
2. Attending a college or school at which they are regularly enrolled as a student;
3. Driving to regularly scheduled sessions or meetings of treatment support organizations for persons who have an 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. Appearing in court, reporting to 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 under 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. The permit is valid for the prescribed period above. If successful monitoring for the specified period, the permit may be renewed without ignition interlock under general DUI limited permit conditions;
10. Cost of permit: $25 (renewal of the license is $5);
11. List of Approved Ignition Interlock Service Providers:    (https://online.dds.ga.gov/ddsgeorgiagov/locations/interlock.aspx)
12. Ignition interlocks MUST be installed in Georgia.

Ignition Interlock waiver eligibility:

A 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 waive the ignition interlock requirement, the driver is not eligible for a 6-month permit until after the first year of the suspension.

License Revocation (third offense within 5 years)

(measured from the dates of previous arrests for which DUI convictions were obtained to the date of the 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 about 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 a permit;
  • Had no convictions for traffic offenses that resulted in serious injury or death of any individual;
  • completed a DUI Alcohol or Drug Use Risk Reduction program before the issuance of a permit;
  • Provide an 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 their driving privileges by submitting a payment of $410 ($400 by mail/internet) and proof of completion of a DUI Risk Reduction program. The department may also investigate whether granting the privilege of driving a motor vehicle on public highways is safe.
• If a defendant is a multi-DUI offender and enters the Cobb County DUI Court program, the defendant may be eligible for a limited permit to participate in the DUI Court program.  This permit is an exception to the license suspension requirements typically found in DUI convictions.

Wanting to drivers:

As a warning to drivers, the Governor’s Office of Highway Safety mobilizes numerous DUI enforcement campaigns every year. The National Highway Transportation and Safety Administration (NHTSA) coordinates many safe driving campaigns nationwide, including in Georgia. The Georgia State Patrol, Cobb County Police, Marietta Police, and other law enforcement jurisdictions in Cobb County enforce the 100 Days of Summer H.E.A.T., Click It Or Ticket, and Operation Zero Tolerance campaigns throughout the summer from Memorial Day through Labor Day.  This year, the summer campaigns began on May 13 and wrapped up Labor Day. Also, the Drive Sober or Get Pulled Over campaign ran from August 14 through Labor Day, September 2, and will again run in mid-December through New Year’s Day. The Click It or Ticket campaign ran from May 13 through the Memorial Day holiday and is currently running through the Thanksgiving holiday weekend. Georgia State Patrol and the Department of Public Safety (DPS) issued a press release showing 20 fatalities over the Labor Day holiday travel period.

The Cobb County Police Department, Georgia Governor’s Office of Highway Safety (Georgia GOHS) is posting on Facebook and X (formerly Twitter) never to drink and drive and to use a  sober driver:

All drunk driving deaths are preventable. Make the right choice and pass the keys to a sober driver or call a taxi or rideshare. Don’t get behind the wheel if you are over the .08 limit. #savealifedesignateadriver #maketherightdecision #DUI pic.twitter.com/7VChtjql57

— Georgia Governor’s Office of Highway Safety (@gohsgeorgia) November 14, 2024

Map of the location of Cobb County State Court and State Court Clerk

The address of Cobb County State Court and State Court Clerk is 12 E Park Square, Marietta, GA 30090. Below is a map of its location:

Please get in touch with 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 driving privileges. We can also discuss how we successfully defend Driving Under the Influence charges in Cobb. An experienced Cobb DUI lawyer with the firm is available 24/7 to discuss your case.