Drivers are considered driving while intoxicated if their blood alcohol content is .08.
In Cobb County, Georgia, any law enforcement officer can conduct an arrest for driving under the influence. This includes Georgia state troopers, county sheriff's officers and local police. Georgia law states that drivers are considered to be driving while intoxicated if their blood alcohol content (BAC) is .08 or higher. However, drivers can be arrested if the content is lower if the officer feels the driver is operating a vehicle while impaired or is a less safe driver.
First Offense
First-time DUI offenders in Cobb County who have a BAC of .08 or higher will be sentenced to 10 days in jail. Jail time may be waived by the judge, however, all first-time offenders are required to spend at least 24 hours in jail. First-time offenders who have a BAC level of less than .08 have no minimum jail time requirements. The Georgia court may sentence all first-time DUI offenders to a maximum of 12 months in jail. Probation will begin once jail time has been served and will be required for 12 months. Jail time may be used as credit toward the probationary period. Georgia drivers who are 21 and older who are convicted of DUI will serve 40 hours of mandatory community service, and drivers who are under the legal drinking age of 21 will serve 20 community service hours. Georgia law requires drivers' licenses of first-time DUI offenders to be suspended for 12 months, which begins the day of the DUI conviction. Drivers who have completed an alcohol education course may request reinstatement of driving privileges 120 days after the date of suspension. The court will also order first-time offenders to attend an alcohol or drug clinical evaluation to determine if alcohol addiction is present.
Second Offense
Drivers convicted of a second DUI offense in Cobb County within 10 years of the first conviction receive a minimum of 90 days and no more than 12 months in jail, according to Georgia law. The court can reduce the sentence if it deems fit, however, second-time DUI offenders are required to serve at least 72 hours in jail. Probation will begin once the offender is released from jail and will run for 12 months, with credit for time served. Second-time DUI offenders will pay a fine of $600 to $1,000 plus court costs. Community service will be ordered and shall be no less than 30 days. Drivers will have their licenses suspended for three years from the date of conviction. Drivers may begin driving again after 12 months, but must place a court-ordered ignition interlock device on their car. After six months of driving with the ignition device in place, Georgia drivers may request a reinstatement of driving privileges. As part of the sentence, the court will order the second-time DUI offender to attend an alcohol education program and an alcohol clinical evaluation. Georgia law requires the offender to surrender all license plates on any vehicles owned, and notice of conviction will appear in a Cobb County newspaper, along with a photo of the offender.
Third Offense
Drivers who are arrested for a third DUI offense will be charged with a high and aggravated misdemeanor and, if convicted, will be sentenced to at least 120 days and no more than 12 months in jail. The court may allow the offender to serve less time, but all third-time offenders must spend at least 15 days in jail. Probation will begin once the driver is released from jail, with credit for time served and will last for 12 months. Penalties and fines will range from $1,000 to $5,000 plus court costs. Community service will be ordered by the court and the driver must perform no less than 30 days service. Georgia law states that all drivers who obtain a third DUI conviction, will have their driver's license revoked for a period of 5 years. Drivers may apply for a reinstatement of their driving privileges on a limited basis after 2 years. The court may also order the placement of an ignition interlock device once driving privileges are restored. Attendance in an alcohol education program and a clinical alcohol evaluation will also be required in all third offense cases. License plates will be turned in to the Georgia Department Of Driver Services after the third DUI conviction. Third time offenders will have their picture published in a newspaper, along with information about the conviction.
Fourth Offense
Georgia drivers who are convicted of a fourth DUI offense will be considered to have committed a felony. The court will order imprisonment of one to five years, with a minimum of 90 days served. Probation will begin once the offender is released from prison and will run for five years. Fines will be between $1,000 and $5,000 plus court costs. Fourth-time offenders must perform at least 60 days of community service and will have their licenses revoked for five years. Fourth-time DUI offenders receive habitual offenders status and may be eligible for a probationary driver's license two years after conviction. If the driver's license is reinstated, the court may order the offender to place an ignition interlock device on his vehicle. Alcohol education and a clinical alcohol evaluation will be ordered, and all license plates will be surrendered to the Georgia Department of Drivers Services. The fourth-time offender will have his picture published in a local newspaper, along with information about his DUI conviction.
Related Posts:
Seal Juvenile Records In Cobb County Georgia
Don't let a childhood mistake follow you in life--expunge your juvenile record.It could happen to anyone. A foolish mistake, a poor choice and your record could be destroyed--even if you're undera...
Georgia Law On A First Time Probation Offender
Violating first offender probation can result in a return to prison.The Georgia criminal justice system provides a second chance to offenders who might be facing felony convictions for the first t...
Expunge Your Record In Georgia
Expungement is the process of making your criminal record no longer available to the general public. It allows you to legally say that you do not have a record.In Georgia, you may be able to expun...
Get A Criminal Record Removed In Georgia
It is possible to expunge your arrest record in Georgia.Expunging a criminal record in Georgia means that the record is destroyed or unable to be viewed or made known. You can have your Georgia cr...
Seal Your Criminal Background In Georgia
Under certain circumstances, it is possible to seal criminal charges in Georgia.Georgia law provides for the expungement of certain crimes by local law agencies. Although expunged records are stil...
