Cobb County DUI Law
2551 Roswell Road
Marietta, GA 30062
IF YOU HAVE BEEN ARRESTED FOR DUI, YOU ONLY HAVE 10 DAYS TO SAVE YOUR LICENSE.
According to the Georgia Department of Driver Services, a driver is declared a habitual violator for any third conviction of a mandatory suspended offense within 5 years. The period of suspension for a third offense within five (5) years as calculated among the incident dates is 5 years. A limited driving permit is available after the first two (2) years of the suspension.
HV (Habitual Violator) probationary license with interlock may be available after 2 years with court permission.
A third Georgia DUI conviction within 10 years in Georgia is considered to be a high and aggravated misdemeanor. The maximum consequences for this charge are 12 months in jail and a $5,000.00 fine. The minimum consequences are 15 days in jail, with credit for any time served after arrest, a $1,000.00 fine, 240 hours community service, DUI school, 12 month’s probation, and a substance abuse evaluation and any recommended treatment. The judge can suspend half of the fine if you undergo an alcohol or drug treatment program approved by the court.
If this is your third DUI conviction within 5 years, you will also be subject to a $25.00 fee to publish a notice of your conviction and your photograph in your county newspaper. You will also be required to forfeit your vehicle to the State, though you can petition the judge to transfer the title to another family member if the forfeiture would cause your family financial hardship.
The license consequences for a third conviction within 5 years is a 5 years license revocation. You will also be declared a habitual violator. After 2 years, you can apply for a probationary license to use for the remaining 3 year revocation period that may have restrictions as to the places, routes, and times you are allowed to travel. If you violate the terms of your probationary license, it will be revoked and you cannot reapply for a regular driver's license until the original 5 year revocation period has ended or for 2 years – whichever is greater.
If you have been convicted of a Minor in Possession of Alcohol or drug offense prior to being declared HV, you will be barred from getting a limited permit after 2 years. You will have to spend the entire 5 years without driving.
If you are caught driving after being declared an habitual violator, you will be charged with a felony that carries up to 5 years in prison.
Contact Robert Webb, the expert Cobb County DUI Lawyer if you need help with an administrative license suspension in Marietta.