Second DUI arrest in Fulton County, Georgia

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By: Erin Dohnalek

In Georgia, sentencing and license consequences get more severe with each new DUI arrest and subsequent conviction. There are mandatory minimum sentences that judges must abide by, and there are required consequences for an accused person’s driving privileges mandated by the Georgia Department of Driver’s Services.

The Offense:

According to O.C.G.A. § 40-6-391, a person commits driving under the influence of alcohol or drugs when it renders them less safe to drive, the person’s alcohol concentration is 0.08 grams or more at any time within 3 hours after such driving occurred, or there is any amount of an illegal controlled substance present in the accused person’s blood or urine.

The mandatory minimum sentencing for a second DUI conviction, if the first was committed in the 10 years preceding the second arrest for DUI, is at least three days in custody. In Fulton County, that means three days must be served at the Fulton County Jail. There also is a requirement that the accused must complete 240 hours of community service, a substance abuse evaluation plus recommended treatment, DUI school, and a Victim Impact Panel. This is all mandated by Georgia law.

In Fulton County, there are two judges who primarily preside over individuals charged with a second DUI: Judge Edlein and Judge Tailor. Both of these judges are in charge of the Fulton County DUI Court Program. A potential consequence of being charged with a second DUI in Fulton County is that DUI Court is pushed to avoid substantial jail sentences.

License Consequences:

One of the most pressing consequences of a second DUI conviction is a mandatory license suspension. If the accused has had a prior DUI conviction in the last ten years, but not in the last five years, the license suspension will be for a period of 120 days. However, a Georgia driver’s license holder will be eligible for a limited permit during that suspension to allow them to drive to essential locations.

Alternatively, if the accused has had a prior DUI conviction in the last five years, the consequences for his/her driving privileges are severe. The accused will be required to surrender their license, and he/she will have a hard license suspension for 120 days with no eligibility for a limited permit. After the 120-day license suspension is up, he/she will then be required to install an ignition interlock device in their vehicle for a period of 12 months. After the 12-month period has expired, the accused must continue to drive on a limited permit for two additional months before they will be able to reinstate their permanent driver’s license.

Contact Us:

Due to the severity of the consequences following a second DUI arrest, it is imperative to hire an experienced criminal defense attorney to explain all the possible options for an individual charged with a second DUI, to challenge that arrest in order to avoid some of the direct and collateral consequences of a second DUI conviction, and to advocate for their client’s constitutional rights. Therefore, if you have been arrested for a second DUI in Fulton County, please call our office today at 404-581-0999 for a free consultation.

DUI Court in Cobb County

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If you have been charged with a DUI in Cobb County, it is important to be aware of your options. One option you may not have considered if you are facing significant jail time is DUI Court. DUI Court is available to those who are charged with their 2nd DUI in 10 years, 3rd DUI or more in their lifetime, or 1st DUI with a history of Reckless Driving convictions. To be eligible for DUI Court in Cobb County, you must also be facing charges sufficient to support a 24-month sentence. This means that you must have at least two charges, such as “DUI” and “Failure to Maintain Lane” or some other offense. There are several other conditions to be met to enroll in DUI Court:

  • Participants may not have any prior convictions for violent felonies or current felony charges involving the use of force against another;
  • Participants may not have any out-of-state warrants;
  • Participants must have a valid immigration status with no immigration holds; and
  • Participants must be 17 years of age or older.

It is important to note that DUI Court is an option even if you do not reside in Cobb County. Non-residents of DUI Court who are accepted into Cobb’s DUI Court program may be able to transfer to the DUI Court in their county of residence.

Cobb County is an intensive program; it is not for the feint of heart. It requires multiple weekly meetings and court appearances, and can sanction you if you violate the program rules. So, why would you consider DUI Court? There are several reasons why DUI Court might be right for you:

  • DUI Court generally offers less jail time than traditional Court-adjudicated DUIs.
  • Court-ordered fines are typically reduced by those who complete DUI Court.
  • Folks struggling with alcohol and substance abuse can find support, counseling, accountability, and treatment in DUI Court.
  • Cobb County DUI Court can help participants in meeting requirements for license reinstatement.

Cobb County DUI Court can make a big difference in the lives of folks who are struggling with alcohol abuse or who are facing a difficult odds in their case. The decision to enter DUI Court is a big one and you shouldn’t have to make it alone. Call our office for a free consultation, and let us know if you are considering DUI Court so that we can help you make an informed decision. 404-581-0999. Written by Attorney Katherine Edmonds.

My lawyer told me they are hoping to get my DUI reduced. What can I do to help?

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You may not know it, but you can play a huge role in helping your lawyer get the best deal possible for you in your DUI case. Many people assume that in their criminal case, they are at the mercy of the lawyers on both sides, and that they just have to wait until they hear something about an offer or a court date. This is not so. You have lots of power to affect the outcome of your case by being proactive and taking steps to complete required or recommended conditions for folks facing a DUI charge. Taking charge of your case by taking the following steps shows the solicitor that you are proactive and cooperative, and illustrates to the judge that you are taking the charges seriously and you want to handle the case quickly and responsibly. So, what can you do?

  1. Think about enrolling in a DDS-certified DUI School or Risk Reduction Class. There are dozens of convenient locations all over the state to choose from. The class is 20 hours long, and it costs $260 to enroll in the course. Many locations allow the class to be taken virtually or on weekends, so you should be able to easily find a location and time that works with your schedule. Click the following link for more information on finding a Risk Reduction class near you. Make sure that you provide the Certificate of Completion to your defense attorney or to the solicitor at your court date to show them that you have already started taking steps to handle your case. https://online.dds.ga.gov/ddsgeorgiagov/locations/certified-dui-schools.aspx
  2. Take a Defensive Driving class. DDS requires those who have been convicted of DUI to take a 6-hour certified Defensive Driving Class, and completion of the class is oftentimes a condition to getting a solicitor to agree to reduce your DUI charge to reckless driving or another lesser charge. The class is 6 hours and costs $95. Even if you have not been charged with DUI, but you have lots of points on your license, taking this class can remove up to 7 points from your license and reduce the cost of a traffic fine by up to 20%. This class also provides participants who complete the course with a Certificate of Completion that you can provide to your attorney or the solicitor in Court. Click the following link to see schools in your area: https://online.dds.ga.gov/ddsgeorgiagov/locations/driver-improvement-schools.aspx
  3. Talk to a professional and have an alcohol and/or drug evaluation. If you have been charged with DUI in Georgia, solicitors often want to make sure that there is not an underlying substance abuse issue. Reach out to mental health professionals in your area and make an appointment with a Certified Alcohol and Drug Counselor. They will have you in to discuss your use of drugs and/or alcohol, and make a recommendation if they believe that, based on your discussions, you need treatment to address alcohol or drug use. Be honest with your counselor so that they can make the best treatment recommendation for you that they can. If you have been recommended treatment, go ahead and begin that recommended treatment. Taking that step to improve your relationship with drugs and/or alcohol can be empowering, and it shows the Court that you recognize that you may have an unhealthy habits, but that you are taking steps to improve your mental and physical wellbeing. We know several excellent professionals if you need any help getting started. Feel free to give us a call at the number below.

We attorneys work hard to make your experience smooth and efficient, but it may feel like your case is moving slowly, and distant court dates can hang over you and weigh you down. Checking one or two of the above items off of your list can help to expedite your case, ensure you get a better offer, and can empower you. You are as much a part of your case as the attorney, and we want you to be involved! We have access to resources and information to help you get through this. We want to help. If you have any questions, please contact our office at (404)-581-0999.

After my DUI arrest, the officer took my license. How can I get to work?

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If you have been arrested for a DUI in Georgia and an officer took your license, you may be wondering how you can get to work, school, or even your court date without the risk of getting into trouble. If this is you, then take a look at the citation you were given when you were arrested and take a deep breath. At the bottom of the citation, you should see something that says “temporary driving permit.” Georgia law requires an officer who is arresting you for DUI to seize your license. The citation you receive acts as a temporary driving permit for a period of 45 days from the date you were arrested or while your ALS hearing is pending. For information on filing an ALS petition, please check out this blog post: https://www.peachstatelawyer.com/georgia-administrative-license-suspension-als-hearings-during-the-pandemic/

If your license was valid at the time of arrest, the officer MUST give you this permit. If you did not receive the permit and your license was valid, let us know so that we can contact DDS on your behalf.

This permit, unlike a restricted license or a limited permit, is functionally the same as your regular license. You can travel for work or leisure without restriction on this permit. Additionally, you can find your drivers license number on your citation and visit DDS.georgia.gov and select “check license status” to actually view whether or not your license is valid. So long as the website says your license is valid and you have the 1205 form, you should not have to worry about getting pulled over and not having your license on you. However, be sure to bring the 1205 form with you when you drive in case you are stopped.

If your license has been taken because of a DUI arrest, DO NOT WAIT. Call us today. You have 30 days from the date of the arrest to try to save your license, and on the 46th day after the arrest, the 1205 permit expires. We can help.

Call us at (404)-581-0999!

DUI IN COWETA COUNTY

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Following a DUI arrest, the State of Georgia has the authority to suspend the driver’s license of the accused in a civil proceeding if one of the following occurs:

  1. After the accused has been arrested for DUI, the arresting officer read the accused the correct “Implied Consent” notice and he/she refused to comply with either a breath, blood, or urine test in order to determine his/her blood alcohol content, OR
  2. The accused consented to a breath, blood, or urine test and the results showed that the blood alcohol content of the accused was above the legal limit.

At this time, the accused has a few options. He/she can either appeal the license suspension or install an ignition interlock device in his/her vehicle for the duration of the suspension. However, the accused MUST make this decision before the deadline is up. The deadline to either install an ignition interlock or appeal a license suspension is 30 days from the date of arrest. If this is not done, there will be a license suspension put in place 45 days after arrest.

In Coweta County, if eligible, and if the accused refused to submit to a breath, blood, or urine test, it is usually advisable to go the ignition interlock device route, instead of appealing the license suspension. If the license suspension is appealed, many police officers in Coweta County will require that the accused plead guilty to DUI in order to dismiss the 1-year license suspension. Therefore, if you have been charged with DUI, and refused the breath, blood, or urine test, and you want to fight your case, it is usually a better option to install an ignition interlock device in your vehicle rather than appeal the license suspension.

THE OFFENSE/ PUNISHMENT

After either installing an ignition interlock device, or appealing the license suspension, the accused must also be ready to defend his/her criminal allegations. According to O.C.G.A. § 40-6-391, a person commits driving under the influence of alcohol or drugs when it renders them less safe to drive, the person’s alcohol concentration is 0.08 grams or more at any time within 3 hours after such driving occurred, or there is any amount of an illegal controlled substance present in the accused person’s blood or urine.

The consequences of a first DUI conviction in the last ten years are at least 12 months on probation, DUI classes and courses, and community service. For a second DUI, the consequences are more serious. There is a mandatory sentence of at least 3 days in jail, heightened community service, and a requirement for an ignition interlock to be installed in the accused’s vehicle. Lastly, for a third DUI, there is a mandatory jail-time sentence of at least 15 days in custody.

Due to the severity of the consequences following a DUI arrest, it is imperative to hire an experienced criminal defense attorney. At the Law Offices of W. Scott Smith, we understand all the possible options for our clients, we are knowledgeable about all direct and collateral consequences of a DUI conviction, and we work tirelessly to advocate for our clients. Therefore, if you have been arrested for a DUI in Coweta County, please call our office today at 404-581-0999 for a free consultation.

DUI IN GWINNETT RECORDER’S COURT

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After the accused has been arrested for a DUI, if one of the following occurred, the accused MUST send the 30-day appeal letter to attempt to save his/her driver’s license:

  1. After the accused has been arrested, an officer on scene read him/her the correct “Implied Consent” notice and he/she refused to comply with either a blood, breath, or urine test in order to determine his/her blood alcohol content, OR
  2. The accused consented to a blood, breath, or urine test and the results showed that the blood alcohol content of the accused was 0.08 grams or more.

If one of the following occurred, it is of vital importance to send the 30-day appeal of the license suspension letter prior to the deadline or risk the suspension of the accused person’s driver’s license. The suspension could last as long as 1 year.

After sending the 30-day letter, the accused must also be ready to defend his/her criminal allegations. The penalties for a DUI conviction are serious, thus, it is imperative to hire an experienced criminal defense attorney who understands all the elements of the offense, the affirmative defenses to such a charge, and all possible options for the accused.

According to O.C.G.A. § 40-6-391, a person commits driving under the influence of alcohol or drugs when it renders them less safe to drive, the person’s alcohol concentration is 0.08 grams or more at any time within 3 hours after such driving occurred, or there is any amount of marijuana or other controlled substances present in the accused person’s blood, breath, or urine.

Once the Gwinnett County Police Department or the Georgia State Patrol, depending on the department that arrested the accused, transfers the criminal charge to the Gwinnett County Recorder’s Court, the criminal case will begin at a proceeding known as an arraignment. There are a few options when the case has landed on an arraignment calendar. Such options include:

  • The accused may plead guilty to DUI, which for a first DUI conviction usually will result in 12 months of probation, as well as completion of a Risk Reduction course, at least 40 hours of community service, and a substance abuse evaluation.
  • The accused may plead not guilty to DUI and seek a bench trial with the Gwinnett County Recorder’s Court judge;
  • The accused may plead not guilty to DUI and seek a jury trial. This will result in the case being bound over to the Gwinnett County State Court; OR
  • At arraignment, the accused has the option to speak to the Gwinnett County solicitor in a pretrial conference to discuss other possible options, such as a reduction from the original DUI charge.

Due to the complexity of a driving under the influence criminal case, as well as the related license suspension proceeding, it is of great importance to hire an experienced criminal defense attorney who is skilled at defending such allegations. At the Law Offices of W. Scott Smith, our attorneys are knowledgeable about all possible options for our clients and have vast experience defending such charges. Therefore, if you have been arrested for driving under the influence in Gwinnett County, please call our office today at 404-581-0999 for a free consultation.

Georgia DUI: How many points in a DUI?

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In Georgia, a driver’s license will be automatically suspended if engaged in serious traffic violations. Therefore, a DUI does not accumulate any points on your driving record, also called a Motor Vehicle Report (MVR) but carries immediate consequences. For a first DUI conviction (for drivers over the age of 21), your license will be suspended for 12 months by DDS (Georgia Department of Driver Services).

 

Ways a driver can reinstate their license after six months:

  • Your license has already been suspended for 120 days;
  • Completion of a state-approved Risk Reduction Program; and
  • Submit a $210 fine for license reinstatement fees.

Note that this reinstatement will depend on your driving history and will permit you to drive to and from work and school and other permissible places.

 

Contact Us

If you or someone you know has been arrested for driving under the influence, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta DUI attorney ready to aggressively fight on your behalf.

College Park Georgia DUI Attorney

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College Park, Georgia is home to the College Park Municipal Court where Kim Cornwell prosecutes DUI, traffic, marijuana, and City Ordinance cases made by the College Park Police Department. The Honorable Judge Honorable Monica Ewing presides over the College Park Municipal Court which is located at 3717 College Street in College Park, Georgia.

 

One of the most common cases we see in College Park Municipal Court are those charged under Georgia’s Driving under the Influence statute codified O.C.G.A. § 40-6-391. In Georgia, DUI can be charged in either two ways. Driving under the Influence Per Se means the State is charging the individual with being over the .08 legal limit for drivers over 21 years old. It is a .02 legal limit for DUI cases involving drivers under 21. The second way a DUI can be charged is DUI Less Safe. Under Georgia law, DUI Less Safe means the person is accused of driving under the influence to the extent they were a less safe driver. We typically see DUI Less Safe cases where there is no chemical test, or where there is a chemical test but it is below the legal limit.

 

There are numerous defenses to DUI to be explored and raised. A skilled DUI defense attorney must fiercely evaluate and raise issues starting at the purpose of the stop and ultimately the probable cause in making the arrest. Factors to be assessed are the performance of field sobriety tests if any were conducted, the lack of odor or admissions, and the driving that was observed. Additionally, the Implied Consent portion of the DUI case is highly relevant in DUI defense because in order for the chemical test to be admissible in Court, the proper Implied Consent must be read after arrest, and there must be true knowing and voluntary consent to submit to the chemical test. Under Georgia law, mere acquiescence to authority is not voluntary consent. It should be noted that any refusal to submit to breath testing following an arrest is deemed inadmissible evidence given the Georgia Constitution gives the right to decline incriminatory acts. This law was clarified and confirmed in Elliott v. State, 305 Ga. 179 (2019).

 

In all first DUI cases, the mandatory minimum sentence is 24 hours in jail, 12 months on probation, a $300.00 fine plus court costs (nearly doubles it), 40 hours of community service, a Risk Reduction course, and an alcohol and drug evaluation and treatment if deemed necessary. The maximum sentence is 12 months in jail. On a second, or third DUI in 10 years, the jail time is increased, as well as the fines and the community service.

 

Remember that DUI is a misdemeanor crime that goes onto your criminal history. In Georgia, DUI can never be expunged or restricted, and thus a DUI conviction will remain on your history forever.

 

A DUI charge also has intense license repercussions.  If there is a refusal on the chemical test, the Officer can suspend your license for at least a year. This must be challenged within 30 days of your arrest, so time is of the essence in DUI cases. Depending on what else the individual is charged with, and how many prior DUIs he or she has, it is possible a DUI conviction could lead to a 5-year habitual violator suspension.

 

The options in College Park Municipal Court are to enter into pretrial negotiations with the goal of avoiding the harsh consequences of a DUI, or to enter a Not Guilty plea and send the case to the Clayton County State Court where motions and a trial can occur. As experienced DUI lawyers practicing in College Park regularly, we have the skill and knowledge to accomplish your goals both in College Park and in Clayton County. We are trial lawyers constantly staying on top of DUI law. If you or a loved one has been charged with DUI in College Park Municipal Court, call us now for a FREE CONSULTATION at 404-581-0999.

 

 

 

Roswell Georgia DUI Attorney

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Roswell, Georgia is home to the Roswell Municipal Court where Judge Brian Hansford presides over DUI, Traffic, Marijuana, and other City Violation cases brought by Roswell Police Department. The Roswell Municipal Court is located at 38 Hill Street in Roswell, Georgia.

 

One of the most common cases we see in the Roswell Municipal Court are DUI cases. In Georgia, DUI can be charged in either two ways under O.C.G.A. § 40-6-391.  Driving under the Influence Per Se means the State is charging the individual with being over the .08 legal limit for drivers over 21 years old. It is a .02 legal limit for DUI cases involving drivers under 21. DUI Per Se is charged where there is a breath, blood, or urine test. The second way a DUI can be charged in Georgia is DUI Less Safe. Under Georgia law, DUI Less Safe means the person is accused of driving under the influence to the extent they were a less safe driver. We typically see DUI Less Safe cases where there is no chemical test, or where there is a chemical test but it is below the legal limit.

 

There are numerous defenses to DUI to be explored and raised. A skilled DUI defense attorney must fiercely evaluate and raise issues starting at the purpose of the stop and ultimately the probable cause in making the arrest. Factors to be assessed are the performance of field sobriety tests if any were conducted, the lack of odor or admissions, and the driving that was observed. Additionally, the Implied Consent portion of the DUI case is highly relevant in DUI defense because in order for the chemical test to be admissible in Court, the proper Implied Consent must be read after arrest, and there must be true knowing and voluntary consent to submit to the chemical test. Under Georgia law, mere acquiescence to authority is not voluntary consent. It should be noted that any refusal to submit to breath testing following an arrest is deemed inadmissible evidence given the Georgia Constitution gives the right to decline incriminatory acts. This law was clarified and confirmed in Elliott v. State, 305 Ga. 179 (2019).

 

In all first DUI cases, the mandatory minimum sentence is 24 hours in jail, 12 months on probation, a $300.00 fine plus court costs (nearly doubles it), 40 hours of community service, a Risk Reduction course, and an alcohol and drug evaluation and treatment if deemed necessary. The maximum sentence is 12 months in jail on each charge. On a second, or third DUI in 10 years, the jail time is increased, as well as the fines and the community service.

 

Remember that DUI is a misdemeanor crime that goes onto your criminal history. In Georgia, DUI can never be expunged or restricted, and thus a DUI conviction will remain on your history forever.

 

A DUI charge also has intense license repercussions.  If there is a refusal on the chemical test, the Officer can suspend your license for at least a year. This must be challenged within 30 days of your arrest, so time is of the essence in DUI cases. Depending on what else the individual is charged with, and how many prior DUIs he or she has, it is possible a DUI conviction could lead to a 5-year habitual violator suspension.

 

The options in Roswell Municipal Court are to enter into pretrial negotiations with the goal of avoiding the harsh consequences of a DUI, or to enter a Not Guilty plea and send the case to the Fulton County State Court where motions and a trial can occur. As experienced DUI lawyers practicing in Roswell regularly, we have the skill and knowledge to accomplish your goals both in Roswell and in Fulton County. We are trial lawyers constantly staying on top of DUI law. If you or a loved one has been charged with DUI in Roswell Municipal Court, call us now for a FREE CONSULTATION at 404-581-0999.

 

 

 

Georgia Marijuana DUI

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According to Georgia’s DUI statute as it relates to marijuana and other drugs, a person shall not drive or be in actual physical control of any moving vehicle while they are under the influence of any drug to the extent that it is less safe for the person to drive. O.C.G.A. 40-6-391. This means that the prosecution must prove, beyond and to the exclusion of all reasonable doubt, that the driver charged with DUI Drugs was impaired by marijuana or any other controlled substance. This standard is difficult for the prosecution to establish.

There are numerous governmental studies that have analyzed whether it can be determined from a blood or urine test, as well as from field sobriety tests, whether an officer can find that a driver was in fact impaired based on consumption of marijuana or other drugs. According to a 2017 congressional study, traditional law enforcement tools related to detecting drivers impaired by marijuana, and most other drugs, is significantly less valid or effective as those developed for alcohol. NHTSA, Marijuana Impaired Driving: A Report to Congress, 2017. In this study, it found that there was a poor correlation between THC concentrations in the blood and impairment. It concluded that a blood or urine sample from the driver, which tested the presence and amount of marijuana consumption, was not a reliable indicator of impairment. It further stated that there is not a reliable test used to determine how an average person eliminates drugs from the body as there is for alcohol. Therefore, an experienced criminal defense attorney could successfully defend a charge of DUI Drugs by arguing that a blood or urine test is not reliable to prove that the driver was in fact impaired.

Another possible defense for an attorney defending a DUI Drugs case is tolerance. In general, field sobriety tests, used by officers to determine whether a driver is under the influence while operating a motor vehicle, are sensitive to the effects of THC depending on dose and marijuana use history. The tolerance defense also can be used for most other drugs, as well as for alcohol. However, unlike for alcohol, field sobriety evaluations do little, if anything, to aid law enforcement in correctly identifying drivers who are impaired by drugs. Furthermore, low doses of marijuana for heavy cannabis users would not affect field sobriety test performance. W.M. Bosker, A Placebo-Controlled Study to Assess SFST Performance During Alcohol and Cannabis Intoxication in Heavy Cannabis Users, 2012. Additionally, many experts have found that human beings vary wildly in their sensitivity to marijuana, as well as for other drugs. See Love v. State, 271 Ga. 398 (1999). Without understanding exactly what phase and how the body is reacting to the drug, any assumption of the amount of the drug in the body would be a guess, and likely, not even an educated one at that. Furthermore, there are numerous factors that could determine how marijuana or other drugs will affect the driver, such as body size, gender, age, genetics, dosage, tolerance, etc. Thus, without knowing the full picture, any blood, urine test, or field sobriety evaluation would not be reliable and could not be applied in a fair and efficient manner that could justly convict a driver of DUI Drugs.

Therefore, it is of vital importance to hire a criminal defense attorney who understands these potential defenses, as well as the deficiencies of traditional law enforcement tools related to DUI detection. Here, at the Law Offices of W. Scott Smith, we are very experienced in the area of DUI Drugs, we understand the potential defenses, as well as all of your possible options. If you or a loved one has been arrested for DUI Drugs, please call our office at 404-581-0999 for a free consultation.