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DUI Defense

Will I go to jail for my first DUI in Cobb County?

By October 24, 2022No Comments

Being arrested for a DUI in Cobb County Georgia can be a scary experience, and unfortunately, the arrest is only the beginning. 

There are countless ways that a DUI arrest in Cobb County Georgia can impact your life, but working with tenacious attorneys like those at the Frye Law Group can help minimize those harmful effects and can help you fight against a conviction. 

Let’s take a look at the penalties for DUI in Cobb County, Georgia.

Will I Go To Jail For My First DUI In Cobb County Georgia?

While it may not be the answer you want to hear, yes, there is a chance that your DUI arrest can lead to jail time, even if it’s your first offense. 

Unlike many other convictions for first-offense misdemeanors, a Cobb County Georgia DUI can lead to significant jail time, as well as other penalties on a first-time conviction.

Additionally, if this is your first DUI, you may not be aware that 30 days after your arrest your license wil lbe automatically suspended for up to 12 months. 

The only way to potentially avoid this is to request – or have your attorney request – an appel hearing on the suspension. This hearing is for the Administrative License Suspension or ALS. 

You can also request to have an Ignition Interlock Device or IID installed to help you fight the suspension. The IID is a device that contains a small breathalyzer unit and requires you to demonstrate that you have no detectable blood-alcohol content each time the car is started.

Penalties For First-Time DUI In Cobb County Georgia

While you might think that you’ll only need a lawyer to fight charges of violent crime or other “more serious” allegations, this can result in a poor defense that sees you get the maximum penalties. 

Even though a DUI with no prior convictions is considered a misdemeanor by the state, don’t make the mistake of thinking this is because it’s a lesser crime. Even your first conviction can result in significant jail time, fines, and additional punitive and administrative measures. 

The penalties for a first-time DUI conviction include:

  • Up to 365 days of jail or probation
  • Between $300 and $1,000 in fines and court costs
  • 40 hours of community service
  • Being evaluated by a clinician for potential dependency or addiction
  • License suspension for up to 12 months

Additionally, the penalties for each subsequent conviction become more severe. 

Penalties for a conviction when you already have one, or even two prior DUI convictions can become incredibly severe. If you have 3 prior DUI convictions, your 4th arrest will have you facing felony charges.

First Offender is not available on DUI sentences which means it goes on your record for life.

Exacerbating Circumstances in your DUI Case

Several situations can have an intensifying effect on your potential penalties if you are convicted under any of them. Some may result in additional or more serious charges or may contribute to longer and more severe penalties. 

Some of these situations include:

  • Being at fault for an accident with injuries or property damage while driving under the influence
  • DUI charges and arrests while a minor is in the vehicle
  • BAC of 0.15 or greater at the time of testing
  • Refusal to submit to any common or required BAC test including breath, blood, or urine

Refusal to submit to testing will not affect your potential charges, but will result in the automatic and non-contestable suspension of your license upon conviction.

Count On The Frye Law Group To Fight For You

The Cobb County criminal justice system can exact a heavy toll on those who try to fight their DUI charges without legal guidance. If you or someone you know is facing a DUI charge – whether it’s their first or their fourth – reach out to The Frye Law Group today to discuss the details of your case in confidence.

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From I-75: Exit at the Highway 120 (South Marietta Parkway) (Exit #263) and follow the signs to KSU Marietta Campus.

You will be headed west and cross over Cobb Parkway (US 41).

Continue until you get to the intersection with Atlanta Street.

At the traffic light turn right onto Atlanta St. (going north).

Atlanta Street will take you straight to the Marietta Square.

Prior to entering the Square, you will see Anderson Street a block before the Square.

Turn Right onto Anderson Street. The Lawyer’s Building will be on your right.

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