- If you have been arrested for DUI in Smyrna, the first thing you need to do is speak with an experienced Georgia DUI lawyer about your case. Bill Hardman has represented DUI clients in Smyrna and throughout the State of Georgia.
- You may need to send a 30-day letter to request a hearing on the administrative suspension of your driver's license. Please remember that you only have 30 days from the date of your arrest to send your letter requesting a hearing on your administrative license suspension. If you receive a yellow/white sheet of paper that is titled "Temporary Driving Permit" at the center and bottom, then you may need to send in a 30-day letter. If you wait until the 45-day temporary driving permit has expired, then it will likely be too late to save your driver's license. ** NOTE: If you were given a blood test and did not receive a 1205 Form, you may still need to send in a 30-day letter to request a hearing even though you have not yet received a notice of suspension of your driver's license. A sample 1205 form is attached below.
- If you request a hearing (send in a 30-day letter), your case case will be heard in the Office of State Administrative Hearings Court (OSAH). The OSAH hearings in a Smyrna DUI case are usually held in the Marietta Municipal Courthouse. The Marietta Municipal Court is located at 240 Lemon Street NE, Marietta, GA 30060. Remember that this hearing is a completely separate case from your criminal DUI prosecution. This OSAH hearing only concerns your "privilege" to drive in the State of Georgia. This applies whether you have a Georgia Driver's License or an out of state license.
Have you been arrested for DUI in the Jonquil City? If you have a been charged with DUI in Smyrna, Georgia or Cobb County please give our office a call to discuss your case. You may also submit the free online inquiry form below with any questions about your case.
- Bill Hardman has handled multiple DUI cases in Smyrna, Georgia including marijuana DUI cases, Alcohol DUI cases and accident DUI cases.
- As with any DUI case, remember that it is important to speak with a licensed Georgia attorney as soon as possible about your case because you only have 30 days from the date of your arrest to file for an appeal hearing on the administrative suspension of your license OR, request an ignition interlock device limited driving permit.
- There are several factors that your attorney should consider to determine whether or not you need to send in the 30-day letter.
Different forms of DUI in Georgia
1. DUI Per Se
DUI per se is DUI as defined by statute.
A person is guilty of DUI-per se if he drives a car while his blood alcohol concentration is 0.08 grams or more at any time within three hours after such driving. OCGA § 40-6-391(a)(5).
2. DUI Less Safe
In a DUI [less safe] case ... the act consists of (1) driving, (2) after consuming alcohol to the extent that one is (3) a less safe driver. The State does not need to prove that the driver intended to drive while intoxicated or that his blood alcohol level was above 0.08. This means that if you blow a 0.05 on the Intoxilyzer 5000 or 9000, you may still receive a DUI charge. Because Georgia does not have statutory limits for any type of illegal or prescription drugs, both of these forms of DUI are DUI less safe charges. Included under the DUI less-safe umbrella are DUI of drugs and alcohol, DUI drugs and marijuana DUI cases. Any DUI that is charged as DUI drugs or DUI alcohol and drugs combination carries a 6 month hard license suspension in Georgia.
30-Day Letter
One of the first issues that arises in DUI cases is whether or not the arresting officer has initiated a driver's license suspension by filing a Sworn Report under the Georgia Implied Consent Law. You may be subject to a driver's license suspension whether you took the State administered test of your blood, breath, urine or other bodily substance, OR refused any tests that the officer requested. The arresting officer will usually (not always) serve the person that is arrested with a Form 1205, which is a temporary driving permit which is a 45-Day Temporary Driving Permit. The most important thing to remember if you have received a Temporary Driving Permit is that you only have 30 days from the date of your arrest to file for an appeal of the administrative suspension of your license by requesting a hearing with the Georgia Office of State Administrative Hearings Court. If you wait for more than 30 days to request this hearing, then your Georgia driver's license will be administratively suspended for one-year. AS of July 1, 2017, there is also a new option to apply for an ignition interlock device limited driving permit if you refused a test that the officer requested.
Arraignment
The next step in your case will likely be your first court appearance which will be your arraignment hearing. The purpose of your arraignment is hearing is for you to have your charges formally read aloud to you in court and for you to determine which type of plea you would like to enter: guilty, not guilty, or nolo contendere. If you retain a lawyer, he/she may waive your arraignment and file discovery requests of which the responses should contain the formal charging documents that will show exactly what crimes or violations of the Georgia statutes that you have been charged with.
Case Continues to Conclusion
From this point in your case, it may proceed in many different ways. You may request motions hearings, enter a plea, or demand a jury trial or bench trial. Your lawyer will be able to help you determine which option he/she believes will result in the best outcome in your case based on the law and facts. It is always your decision as to whether or not you want to enter a plea in your case or proceed to have a bench or jury trial.
Common penalties for a DUI conviction in the State of Georgia
For a 1st DUI conviction in lifetime (if over 21 years old):
A fine of not less than $300 nor more than $1,000 (plus court costs and fees which can double this amount)
10 days - 12 months in jail, of which not less than 24 hours may be served on probation
Not less than 40 hours of community service, unless your Blood Alcohol Level was less than 0.08, where you may complete no less than 20 hours of community service
Completion of a state-certified risk reduction course/DUI School
Completion of a Drug and Alcohol Evaluation and compliance with any recommended treatment
Additional items may also be required such as attending AA meetings, Mothers Against Drunk Driving Victim Impact Panels (MADD VIP), or additional community service hours.
Further, your Georgia Driver's License will be suspended as well. Typically if it is your first DUI conviction within the previous 5-year period, you may be eligible for a Affidavit For First Conviction within Five Years. If you have obtained this affidavit from the court and have completed your Risk Reduction Course, then you may be eligible to obtain a limited driving permit so that you can drive to work, school, church, and required probation and community service facilities. Obtaining this permit is also contingent on whether or not you are subject to an administrative suspension of your license based on the Georgia Implied Consent law. If so, you may not be eligible for a limited driving permit. After 120 days, you will be eligible to have your regular license reinstated by paying a $210 reinstatement fee.
For a 2nd DUI conviction within the previous 5 year period (if over 21 years old):
A fine of not less than $600 nor more than $1000 (plus court costs and fees which can double this amount)
90-12 months in jail, of which not less than 72 hours may be served on probation
Not less than 30 days of community service
Completion of a state-certified risk reduction course/DUI School
Completion of a Drug and Alcohol Evaluation and compliance with any recommended treatment
Additional items may also be required such as attending AA meetings, Mothers Against Drunk Driving Victim Impact Panels (MADD VIP), or additional community service hours.
Your Georgia Driver's License will be also be suspended. The period of suspension will be 18 months with a limited driving permit available after 4 months (with the court's permission) if an Interlock Device installed in your vehicle. Eligibility for this permit is again contingent on whether or not you are subject to other administrative suspensions under the Georgia Implied Consent law.
Commercial Driver's Licenses
Commercial driver's licenses involve a completely separate set of rules and regulations that pertain to DUI related offense. Please give our office a call to discuss potential penalties if you have a commercial driver's license.
DUI Under 21 years old
If you are under 21 years of age, a completely separate set of rules and regulations will apply to your case
1. DUI Per Se
DUI per se is DUI as defined by statute.
A person is guilty of DUI-per se if he drives a car while his blood alcohol concentration is 0.08 grams or more at any time within three hours after such driving. OCGA § 40-6-391(a)(5).
2. DUI Less Safe
In a DUI [less safe] case ... the act consists of (1) driving, (2) after consuming alcohol to the extent that one is (3) a less safe driver. The State does not need to prove that the driver intended to drive while intoxicated or that his blood alcohol level was above 0.08. This means that if you blow a 0.05 on the Intoxilyzer 5000 or 9000, you may still receive a DUI charge. Because Georgia does not have statutory limits for any type of illegal or prescription drugs, both of these forms of DUI are DUI less safe charges. Included under the DUI less-safe umbrella are DUI of drugs and alcohol, DUI drugs and marijuana DUI cases. Any DUI that is charged as DUI drugs or DUI alcohol and drugs combination carries a 6 month hard license suspension in Georgia.
30-Day Letter
One of the first issues that arises in DUI cases is whether or not the arresting officer has initiated a driver's license suspension by filing a Sworn Report under the Georgia Implied Consent Law. You may be subject to a driver's license suspension whether you took the State administered test of your blood, breath, urine or other bodily substance, OR refused any tests that the officer requested. The arresting officer will usually (not always) serve the person that is arrested with a Form 1205, which is a temporary driving permit which is a 45-Day Temporary Driving Permit. The most important thing to remember if you have received a Temporary Driving Permit is that you only have 30 days from the date of your arrest to file for an appeal of the administrative suspension of your license by requesting a hearing with the Georgia Office of State Administrative Hearings Court. If you wait for more than 30 days to request this hearing, then your Georgia driver's license will be administratively suspended for one-year. AS of July 1, 2017, there is also a new option to apply for an ignition interlock device limited driving permit if you refused a test that the officer requested.
Arraignment
The next step in your case will likely be your first court appearance which will be your arraignment hearing. The purpose of your arraignment is hearing is for you to have your charges formally read aloud to you in court and for you to determine which type of plea you would like to enter: guilty, not guilty, or nolo contendere. If you retain a lawyer, he/she may waive your arraignment and file discovery requests of which the responses should contain the formal charging documents that will show exactly what crimes or violations of the Georgia statutes that you have been charged with.
Case Continues to Conclusion
From this point in your case, it may proceed in many different ways. You may request motions hearings, enter a plea, or demand a jury trial or bench trial. Your lawyer will be able to help you determine which option he/she believes will result in the best outcome in your case based on the law and facts. It is always your decision as to whether or not you want to enter a plea in your case or proceed to have a bench or jury trial.
Common penalties for a DUI conviction in the State of Georgia
For a 1st DUI conviction in lifetime (if over 21 years old):
A fine of not less than $300 nor more than $1,000 (plus court costs and fees which can double this amount)
10 days - 12 months in jail, of which not less than 24 hours may be served on probation
Not less than 40 hours of community service, unless your Blood Alcohol Level was less than 0.08, where you may complete no less than 20 hours of community service
Completion of a state-certified risk reduction course/DUI School
Completion of a Drug and Alcohol Evaluation and compliance with any recommended treatment
Additional items may also be required such as attending AA meetings, Mothers Against Drunk Driving Victim Impact Panels (MADD VIP), or additional community service hours.
Further, your Georgia Driver's License will be suspended as well. Typically if it is your first DUI conviction within the previous 5-year period, you may be eligible for a Affidavit For First Conviction within Five Years. If you have obtained this affidavit from the court and have completed your Risk Reduction Course, then you may be eligible to obtain a limited driving permit so that you can drive to work, school, church, and required probation and community service facilities. Obtaining this permit is also contingent on whether or not you are subject to an administrative suspension of your license based on the Georgia Implied Consent law. If so, you may not be eligible for a limited driving permit. After 120 days, you will be eligible to have your regular license reinstated by paying a $210 reinstatement fee.
For a 2nd DUI conviction within the previous 5 year period (if over 21 years old):
A fine of not less than $600 nor more than $1000 (plus court costs and fees which can double this amount)
90-12 months in jail, of which not less than 72 hours may be served on probation
Not less than 30 days of community service
Completion of a state-certified risk reduction course/DUI School
Completion of a Drug and Alcohol Evaluation and compliance with any recommended treatment
Additional items may also be required such as attending AA meetings, Mothers Against Drunk Driving Victim Impact Panels (MADD VIP), or additional community service hours.
Your Georgia Driver's License will be also be suspended. The period of suspension will be 18 months with a limited driving permit available after 4 months (with the court's permission) if an Interlock Device installed in your vehicle. Eligibility for this permit is again contingent on whether or not you are subject to other administrative suspensions under the Georgia Implied Consent law.
Commercial Driver's Licenses
Commercial driver's licenses involve a completely separate set of rules and regulations that pertain to DUI related offense. Please give our office a call to discuss potential penalties if you have a commercial driver's license.
DUI Under 21 years old
If you are under 21 years of age, a completely separate set of rules and regulations will apply to your case
Smyrna Municipal Court
Smyrna Municipal Court frequently has a large criminal calendar with many defendants at the courthouse at any given time. The court is operated very efficiently but you need an attorney to make sure your case is handled as efficiently as possible.
DUI Case Free Online Inquiry Form
The best way for us to answer your questions about your DUI case in Smyrna is for you to submit a case inquiry form and give us some of the background facts about the events on the date that you were charged with DUI. You may submit a DUI inquiry form by clicking the link below and someone from our office will call and/or email you back to discuss your case.
Smyrna Municipal Court frequently has a large criminal calendar with many defendants at the courthouse at any given time. The court is operated very efficiently but you need an attorney to make sure your case is handled as efficiently as possible.
DUI Case Free Online Inquiry Form
The best way for us to answer your questions about your DUI case in Smyrna is for you to submit a case inquiry form and give us some of the background facts about the events on the date that you were charged with DUI. You may submit a DUI inquiry form by clicking the link below and someone from our office will call and/or email you back to discuss your case.
You may also give our office a call at 770-530-1164 at anytime to discuss your case.
For a map to the Smyrna Municipal Court, see below:
For a map to the Smyrna Municipal Court, see below:
