The world has changed a lot since the 1920s. Yet area law enforcement officers still use 1920s technology in DUI cases. The Breathalyzer is an updated version of the Drunk-O-Meter. Both gadgets use breath alcohol level to gauge blood alcohol level.
Reliance on this ancient technology is one reason many DUIs don’t hold up in court. Another reason is that DUIs have lots of moving parts. More on these things below.
Once thing that hasn’t changed since the 1920s is the need for a Marietta criminal defense lawyer. Then as now, DUIs and other criminal cases have significant direct and indirect consequences, especially for certain people. Only a good lawyer ameliorates the shock-and-awe factor common among DUIs, gets to work, and successfully resolves these charges.
Georgia DUI Laws Explained
One of the aforementioned moving parts is written into the law itself (Section 40-6-391). Under Georgia law, prosecutors can levy several different kinds of DUI charges against a driver:
DUI Per Se
Until the 1990s, a BAC above .08 was a presumption of intoxication. Now, in Georgia and most other states, defendants with a BAC above .08 (.04 for commercial drivers and .02 for minors) are intoxicated as a matter of law.
That change caused the conviction rate to go up, but it didn’t address a fundamental Breathalyzer flaw. Like its predecessor, this gadget uses breath alcohol level to estimate blood alcohol level. That extra step creates some flaws a Marietta criminal defense lawyer can exploit, especially in .08, .09, and other borderline BAC cases.
DUI Less Safe
The per se law doesn’t work both ways. Defendants above the limit are intoxicated as a matter of law. But defendants below the limit aren’t sober as a matter of law.
Alcohol impairment begins with the first drink. So, driving after consuming alcohol or drugs makes it less safe to operate a vehicle, even if the driver’s BAC is below 0.08.
Depending on the other facts of the case, a DUI less safe may not count as a prior DUI for charging purposes. The elements of a subsection (a)(1) offense are different from the elements of an (a)(5) offense.
Drug-Related DUI
In some jurisdictions, the number of “stoned” drivers is substantially higher than the number of “drunk” drivers. Driving under the influence of marijuana, prescription medication, or illegal drugs, or a combination of drugs and alcohol, is a DUI Less Safe.
What Happens After a DUI Arrest in Cobb County?
Law enforcement agencies in Cobb County, including local police and the Georgia State Patrol, actively patrol for impaired drivers, especially on major roadways like I-75 and I-285. After a DUI arrest in Cobb County, the process typically includes:
- Booking and Bond: Most DUI defendants are booked into the Cobb County Adult Detention Center. The sheriff usually sets bond depending on the defendant’s prior record and the severity of the offense (first DUI, second DUI, etc.)
- Administrative License Suspension (ALS): Georgia has an implied consent law. If you refuse a state-administered breath, blood, or urine test, your license can be suspended for one year. Under a new law, drivers only have 30 days to request an ALS hearing and challenge the suspension.
- Court Appearances: Most DUI cases are handled in Cobb County State Court (misdemeanor DUIs) or Cobb County Superior Court (felony DUIs, such as a fourth DUI). At the first court date, a Marietta criminal defense lawyer typically enters a plea of not guilty.
That plea can be changed later, if a Marietta criminal defense lawyer and the prosecutor agree on a plea bargain deal. That’s usually what happens. Plea bargains resolve about 95 percent of criminal cases.
DUI Penalties in Cobb County
Direct DUI penalties in Georgia are among some of the harshest DUI penalties in the country. Furthermore, they get worse with each conviction within a 10-year lookback period.
- First DUI Conviction:10 days to 12 months in jail (often probation), $300–$1,000 fine plus surcharges, 12-month drivers’ license suspension (limited license available in most cases), DUI Risk Reduction Program, and community service (minimum 40 hours).
- Second DUI Conviction: 90 days to 12 months in jail (mandatory 72 hours minimum), $600-$1,000 fine plus surcharges, three-year drivers’ license suspension, ignition interlock requirement, and minimum 240 hours community service.
- Third DUI Conviction: Up to twelve months in jail (mandatory minimum fifteen days), habitual violator status, and five-year drivers’ license revocation.
Suspended drivers’ licenses can be revived once the suspension period ends. If the state revokes the drivers’ license, the individual must start the process anew, and because of the DUIs, the person may not qualify.
Certain circumstances increase penalties. Common aggravating circumstances include a child under 14 in the vehicle, elevated BAC above .15, an accident involving serious injury, and prior DUI convictions (whether or not they’re within the ten-year lookback period).
DUI Defenses in Cobb County
All criminal cases, including DUIs, usually have procedural, substantive, and/or affirmative defenses. A Marietta criminal defense lawyer uses these defenses at trial, or more likely during pretrial settlement negotiations, as mentioned above.
DUIs frequently involve Fourth and/or Fifth Amendment violations. Police officers must have reasonable suspicion (an evidence-based hunch) to detain motorists. If Paul leaves a bar late at night, he might well be intoxicated, but there’s no evidence to support this hunch. Then, before police officers interrogate suspects at the scene (“Sir, have you been drinking tonight?”), they must advise suspects of their constitutional rights.
Most DUI defendants provide chemical samples. Substantive defenses often focus on technical and scientific Breathalyzer issues. These issues include:
- Improper Calibration: Improper maintenance, or at least a failure to prove proper maintenance, may be the most common Breathalyzer flaw. The state has the burden of proof to show that the administering officer was properly trained, the gadget was working, and the department pulls nonfunctioning Breathalyzers off the shelves.
- Unabsorbed Alcohol: The liver breaks down one drink per hour. So, if the subject had more than one drink in the last hour, that alcohol is not in the bloodstream. Therefore, once again, the breath alcohol/blood alcohol conversion is inaccurate.
- Mouth Alcohol: The law mandates a fifteen-minute pre-test observation period, to ensure the defendant doesn’t belch or burp. If that happens, stomach alcohol gushes into the mouth and skews the results. But Cobb County judges don’t enforce this requirement, so most law enforcement officers ignore it.
To drive home these flaws with jurors, a Marietta criminal defense lawyer frequently partners with a degreed chemist or other scientist.
DUI Court Process Timeline
A typical Cobb County DUI case usually takes between three and twelve months to resolve. The process can include:
- Arraignment,
- Discovery review,
- Motions hearings,
- Plea negotiations, and
- Trial (if no plea agreement is reached)
Some cases are resolved through reduced charges, such as reckless driving, depending on the evidence and prior history.
Georgia does not allow DUI convictions to be restricted or expunged, meaning they remain on your criminal record permanently. Since there are no second chances, a Marietta criminal defense lawyer must get things right the first time.
The DUI process is long and grueling for everyone. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.
