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Marietta DUI Lawyers

• Rozen, Roger: A DUI conviction will nearly always result in license suspension, a termination of rights, and often jail time. If you are arrested for DUI, you should consult with an experienced DUI defense attorney as soon as possible.
• Semrau Law Frim: DUI defense is neither quick nor easy. DUI cases are won in the details with persistence, creativity and a thorough knowledge of the law.
• Gentry, Smith, Dettmering, Morgan & Schnatmeier: Having an attorney who understands how best to present mitigating evidence, character evidence and efforts at rehabilitation is essential if you want to obtain the best possible results. People representing themselves often make critical errors in their representation based on mistaken assumptions about judges and prosecutors. Some people, for example, assume that it is a mistake to seek alcohol treatment or attend AA meetings if they have been charged with drinking and driving.
• Essa, Julie: If you have been arrested for drunk driving, it is critical to contact a criminal defense attorney who can properly advise you on your rights and options. Georgia has strict DUI laws which can result in severe criminal and civil penalties. If you have been charged with a second or third DUI, you may be facing the possibility of significant jail time. Contacting a DUI defense attorney is the first step to protecting your rights.
• Harold Garcia: DUI and Refusal to Test If you have been arrested for DUI or a refusal to test, you have only 10 days to ask for a hearing to avoid a license suspension. In many cases, our office has been able to help people keep their licenses. However, it is crucial to contact our office on time to allow us to request a hearing within the 10-day limitation period. The .08 and .02 limits For adults, the limit in Georgia is .08. For people under 21, the limit is .02. In Georgia, beer often has a 5.5 percent alcohol concentration (as opposed to 3.2 percent). The increased alcohol concentration of beer makes it even more likely that people who drink before driving will be found over the legal limit. The best course of action is to avoid alcohol prior to driving. If you have been arrested for a DUI, whether you are an adult, juvenile, private driver or commercial truck driver, our office can help. Protect Your Rights -- Retain an Attorney Even a first time DUI conviction will result in jail time. For a first time DUI conviction in Georgia, a person will receive a mandatory 24-hour jail sentence. In addition to jail time, penalties, including probation, community service, alcohol treatment and a monetary fine are possibilities. Protect Your Record A DUI conviction is a criminal conviction. It can have a lasting effect on your employment and educational opportunities. A conviction for drunk driving looks horrible on a job or school application. If you have been arrested for DUI or another traffic violation, retain the service of a criminal defense attorney to protect your rights.
• Lawrence Korn: DUI STOP So youÕve been stopped by the Police. What do you do? If the police suspect you have been drinking, or are under the influence of a drug of some sort (including legally prescribed medication), they will ask you to get out of your car. This will be your first clue that you are under suspicion. At this point, their job is to collect sufficient evidence to arrest you and obtain a conviction against you. They do not care whether you are in fact guilty of DUI; their concern is an arrest that will stick. So how do the police usually collect such evidence? From you, of course. Do not give it to them. When they ask you if youÕve had anything to drink, no matter what you answer, they will believe youÕve had a substantial amount to drink. So simply decline to answer. You cannot be forced to give testimony against yourself. Next, the police will request that you submit to a series of ÒField Sobriety Evaluations.Ó Again, participation is up to you, and unless you ask, they will not tell you that you have a right to decline. But you do have such a right, and, remembering that these ÒevaluationsÓ are designed to ensure that you fail, you may wish to consider refusing to perform them. Simply tell the officer, in as clear a voice as you can maintain (remember, assume everything you say and do is being videotaped), that you would prefer not to do these tests. These tests, should you choose to perform them, usually consist of a ÒHorizontal Gaze NystagmusÓ test (in which the officer asks you to follow a pen or flashlight with your eyes - donÕt think that just because you can follow the pen means that youÕve passed the testÉyou havenÕt), a walk and turn test, a one leg stand, and sometimes a portable ÒalcosensorÓ test. This last test is a small breath testing machine in which the officer has you blow into a tube and the machine registers a fairly inaccurate and inadmissible amount of alcohol in your breath (they can, however, testify to whether the test was positive or negative for alcohol, just not to the amount). These little machines are wildly unreliable and you may wish to decline this test as well. Lastly, even though you have declined to give the police any evidence to use against you, they may still decide they have sufficient probable cause to arrest you. At this point you are under arrest and no amount of trying to talk them out of it, or taking any further tests, is going to set you free. If this happens, they will request that you provide samples of your breath, blood, or urine to test for the presence of alcohol or drugs (both illegal and lawfully prescribed). Again, the decision to take this test is yours, and there are consequences to refusing this test, but you should know that the breath or blood test is the single most difficult to overcome piece of evidence against you. Unless youÕve had nothing to drink in the previous several hours, and consumed no controlled substances in the last 30 days, taking this test merely hastens your conviction. If you choose to refuse to submit to this test, or if you take the test and your alcohol level is over .08%, the officer may ask for your license to be suspended. If he or she does that, your license will be confiscated and you will be given a yellow Ò1205Ó form which both acts as your license temporarily and gives you directions on how to appeal this administrative suspension. This is important: You have 10 business days from the date of your arrest to file this appeal. For this reason it is vital that you contact this office as soon as you can after your arrest so that we may begin this process. Failing to do so gives the police a huge weapon to use against you in the court case. Your driverÕs license is very important to you, and they know it, and will use that fact against you, so we have to deal with that problem immediately. DUI PENALTIES The severity of the sanctions for a DUI conviction depends in large part on your prior record. For your first DUI in the preceding 5 years, there are certain minimum penalties of which you must be aware: 24 hours in jail 12 months probation 40 hours community service Risk Reduction School, also known as the DUI School $300.00 - $1000.00 fine plus statutory surcharges License Suspension: one year (Temporary work Permit available with Certificate of 1st Conviction, if you are over 21) The maximum penalty for DUI is, at this point, 12 months in jail. For a second DUI conviction within five years, the minimum penalties grow much harsher: 10 days in jail (all but 72 hours of which may be suspended) 12 months probation 30 days of community service Risk Reduction School, Level II, including a 17 week outpatient treatment program $600.00 Ð $1,000.00 plus statutory surcharges Photo and Case Disposition Publication in the local newspaper License Plate Confiscation Ignition Interlock Device must be installed on your vehicle before you will be permitted to drive License Suspension: 3 years (Temporary work permit available after 1 year for drivers over 21) The maximum penalty again, is 12 months in jail. For a third and subsequent DUI conviction within a 5 year period, big trouble lies ahead: Jail time: 120 days to 12 months, though the judge may suspend all but 15 days of actual incarceration. DonÕt get too excited, they usually donÕt. 12 months probation 30 days community service Risk Reduction School (must be completed prior to license reinstatement), including a 17 week treatment program $1,000.00 - $5,000.00 fine plus statutory surcharges (about 20-25%) Photo and Case Disposition Publication in the local newspaper License Plate Confiscation Vehicle Forfeiture in certain cases (4th or subsequent DUI in a 5 year period) License Suspension: 5 years as a ÒHabitual ViolatorÓ with no work permit for at least 2 years for over-21 drivers. Note: Driving while under a ÒHabitual ViolatorÓ suspension is a felony in Georgia, punishable by up to 5 years in the state penitentiary. The bottom line? DonÕt drive if you have been drinking or using drugs. If you have been drinking or using drugs find a designated driver.
• Michael Saul: If you have been charged with a DUI, you have rights. Do not plead guilty before learning your rights.
• Pugh, Barrett, Canale & Leslie: The crime of drunk driving is also known as "driving under the influence," or DUI, and "driving while intoxicated," or DWI. In some states, the crime may be known as "operating while intoxicated, or OWI, or "operating under the influence," or OUI. The names vary according to how state laws refer to or define the crime. Whatever the name, the state laws all have a common aim of punishing those who drive while under the influence of alcohol or illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney.
• Ray Gary: Across the United States, drunk driving laws are becoming stricter and the consequences more severe. If you have been charged with a DUI, it is extremely important that you retain an experienced attorney as soon as possible. Within the first 10 business days after your arrest, a letter must be sent to the Department of Motor Vehicles in an attempt to try to prevent the administrative license suspension that normally accompanies DUI charges.
• John Rife: A DUI charge can negatively impact your criminal record, your insurance rates, your ability to drive, your credit history, or even your job security.
• Thompson & Pursley: You should consult an attorney for individual advice regarding your own situation.
• Guy Sharpe:

  DUI is a serious offense with very severe consequences. Jail time, stiff fines, license revocation, probation and increased insurance costs are some of the consequences of being found guilty of DUI. Society and the courts have declared war on the DUI driver.

  DUI is a crime of degrees. In Georgia, it is not illegal to have a drink with your meal and drive. It is illegal to drink too much and then drive. It is also illegal to drink while driving. The best advice to follow is not to drink and drive.

  Don't tempt fate. Before leaving a bar or restaurant parking lot, check to see if there are any cops in the area. If so, wait until the cops follow another person from the lot, and then leave. You may be pulled over just because you were seen leaving a bar even though you are not DUI.

  In Georgia, you can be arrested for DUI if you are sitting behind the wheel, have the keys in the ignition, in a parked car. You don't have to be driving to get a DUI ticket. You can be arrested for DUI if you have been driving within the last 3 hours, under the influence of alcohol or drugs.

  Think twice before confessing that you have had a couple of beers when asked if you have been drinking. If you do confess, the cop is going to continue his investigation. You may want to ask to talk to your lawyer before you answer any questions. Of course, if you say no, the cop may let you go; but he may request that you blow into an alcosensor. You have the right to refuse to blow into the alcosensor at the scene. This is not the same machine that you are required to blow into in order to keep your driver's license. The alcosensor is a portable screening device that is used by the cops to help them make their decision as to whether or not to arrest you. Remember, everything that you do will be noted and possibly used against you if you are arrested for DUI. Keep your discussions with the police about your activities that night to a minimum. Remember, you are probably being video taped and your conversation recorded. Politely tell the cop that you want to talk to your attorney if they ask too many questions about your drinking or what you have been doing and where you are going.

  Don't take field sobriety tests. They are voluntary. The police may tell you that if you don't do them then you will be arrested for DUI. Keep in mind that most people have a hard time passing them under stressful conditions. Your performance on the tests will be used against you if you are arrested for DUI, so limit the evidence that will be used against you by not doing the field sobriety tests.

  Try to get home before midnight. The odds of being pulled over increase substantially after midnight.

  Your weight has a direct effect on the amount of alcohol you can consume before you are considered DUI. Don't drink on an empty stomach. Drinking on an empty stomach speeds the rate of alcohol absorption. Drinking carbonated beverages also increases the speed of alcohol absorption into the bloodstream.

  Alcohol has no odor. The odor associated with drinking comes from the flavoring in the alcoholic beverage. Beer and wine both have a strong odor. The same goes for whiskey or scotch. For instance, vodka with orange juice or some other juice will have no alcoholic odor. Under cross examination, the police will admit that they can not tell how many drinks a person has consumed by the odor of the alcoholic beverage alone.

  In Georgia, the police are not required to read you the so called "Miranda warnings" before arresting you for DUI. The reading of ''Miranda warnings" only applies to "in custody interrogations". Once in custody, they can not question you about your drinking without reading you the "Miranda warnings". Of course, many people begin confessing in the hopes that the police will let them go and that is not a good thing to do.

  The police are required to read you the "implied consent" rights. These rights advise you that you have the right to have a "qualified person" administer an independent test of your own choosing, after you have taken the test designated by the police officer. If the police officer does not tell you the "implied consent" rights, that is grounds for having the state blood alcohol test thrown out in the trial of your case.

• Mitch Durham: A criminal conviction can be devastating, not only to you but to your family. The consequences for felony and misdemeanor convictions range from steep fines to a prison sentence. A conviction can tarnish your record and can lead to academic suspension or expulsion; denial or loss of an occupational or professional license; loss of certain civil rights, including the right to vote; and public humiliation.
• Diana Young:

  Information Your DUI Attorney Needs:

  • Details of the last 24 hours leading up to your arrest.
  • The name of the alcoholic beverage and how much you consumed before being arrested.
  • Amount of time it took you to consume this alcohol.
  • Your gender.
  • Your weight at the time you were arrested.
  • Did you have chewing tobacco or dip in your mouth when the police stopped you?
  • If your gums were bleeding during the breath test.
  • Whether you were in contact with any volatile chemicals in the time leading up to your arrest.
  • The reason the police officer gave for stopping you.
  • What questions the officer asked you and your responses.
  • Any roadside tests the officer asked you to perform.
  • How well you performed on any roadside test.
  • Whether the officer made a videotape of your arrest.
  • After you were placed under arrest, did the officer read the Georgia Implied Consent Notice to you off of a card?
  • Whether you took the official test requested by the officer.
  • What were the test results?
  • Any witnesses that can corroborate your version of any and all events leading up to your arrest.
  • Any witnesses to your actual arrest.
  • If you are currently on probation or parole.
• Clay Thompson: Sometimes, DUI charges can be defended successfully.  Other times it may be in your best interests to negotiate a plea and accept the penalties.  Whatever your situation, Georgia DUI law is complex and you need sound legal advice.  Because the potential consequences are serious, do not take chances.  Make sure you obtain effective legal representation from an experienced Atlanta criminal defense practice.
• Phillip Holloway:

  Georgia DUI Laws & Penalties

  Driving under the influence of alcohol or drugs (DUI) is a crime in Georgia. This crime has received a great deal of publicity and is frequently debated in our society. In response to pressure from special interest groups, Georgia lawmakers passed very tough new DUI laws that include mandatory jail time. The new DUI laws are tough on drinking drivers. If you are being charged with DUI, you need a lawyer. Your liberty, reputation, and privilege to drive is on the line. Remember, sound legal advice can make a difference in your case

  There are two ways the state can convict someone of DUI. The first way is to show that a driver had a blood alcohol concentration of 0.08 within three hours of driving or being in control of a vehicle.

  The second way for the state to convict a driver is to show that a driver is "less safe" to operate a vehicle. Under the "less safe" provision, all the state must prove is that alcohol and/or other intoxicants caused the driver to be less safe than he or she would have otherwise been. A blood alcohol concentration of 0.05 grams or less raises an inference that the driver was not intoxicated. Even so, the state can still try to convict you by showing that you were a less safe driver.  A reading of 0.05 grams to 0.079 will raise no inference of the driver's intoxication, but the judge/jury may consider such fact when deciding innocence or guilt.

  A good lawyer can often rebut these statutory inferences, and can attack the accuracy of the breath or blood test(s).  A successful attach can result in the charges being reduced or dropped altogether. 

  PENALTIES FOR DUI

  First Conviction Up to $1,000.00 fine 10 Days to 1 Year in Jail DUI School 40 Hours of Community Service 1 Year Probation 1 Year License Suspension	Second Conviction Up to $1,000.00 Fine 90 Days to 1 Year in Jail DUI School 30 Days of Community Service Mandatory Alcohol Evaluation and/or Treatment Up to 1 Year Probation 3 Year Loss of License Ignition Interlock Device
  Third Conviction Fine up To $5,000.00 120 Days to a Year in Jail 30 Days Community Service Alcohol Evaluation and/or Treatment Up to 1 Year Probation 5 Year License Revocation Ignition Interlock Device	Fourth Violation (Habitual Violator) Fine of $5,000.00 One to Five Years in State Prison

   

  In addition to these devere penalties, you could also be affected by a DUI conviction in other ways. They include having difficulty renting an automobile, paying high insurance rates, and compromising current or future job prospects. If you plead guilty to DUI, the Judge has no choice but to sentence you to jail under the new laws ¹

   

  Although the state has multiple ways to convict you, an effective DUI lawyer has his own arsenal for defending the accused. If you are charged with DUI it is possible that the state's evidence can be kept out of your trial, or its credibility disputed before the judge or jury. An arresting officer's own incident reports from prior and subsequent arrests can often be used to cast doubt upon his story. It is a lawyer's job to ensure that your side of the story is told in court in the most persuasive manner.

  ¹ Jail time is required if you score a .08 or more on your blood, breath, or urine test.

• Melvin Nash: One popular argument against police officer testing is based on the idea that individuals are different and that the results of many such tests may be skewed depending on the circumstances. The specific condition of a suspect is generally dissimilar to other individuals. For this reason, numerous factors may alter results for sobriety tests that have been calibrated to apply to the "average" person. Many assert that the millions of Americans who drink have varying body chemistries and physical makeup which cause them to exhibit a wide variation in how alcohol affects their behavior. Those suspected of driving while intoxicated often claim that a physical condition caused an inaccurate analysis result. Such conditions may include diabetes, indigestion, body temperature variation, hyperventilation, prescription drugs or liver complications. A common potential inaccuracy may result from calculating the blood alcohol level by using presumptions of body makeup. The theory behind this argument is that arriving at a conclusion based on a presumption rather than the actual factors of an individual's condition will produce inaccurate results. This has been a common argument with the "accepted" partition rate for values applied to the formula used to reveal a suspect's blood alcohol concentration (BAC). When officers test an individual's BAC, they obtain a sample of an individual's "alveolar" air to obtain the breath alcohol concentration. Alveolar air or "deep lung" air is exhaled air that typically exits the body near the end of an exhale. After this variable is obtained, it is multiplied by the "partition ratio;" a factor used to determine the alcohol concentration in the blood. Many experts presume that an individual's partition ratio is 2100. However, this number varies by individual. Due to the possibility that inaccuracies may result from such a presumption, experts often question the reliability of such tests. In addition, courts have arrived at different results based on differing rationales. In 1995, the California Supreme Court ruled that an expert's testimony regarding an individual's partition ratio was inadmissible due, in part, to the fact that the defendant had exhibited clear signs of intoxication. In 1990, an appellate court in Georgia arrived at the same conclusion for similar reasons. In 1987, a Nebraska Supreme Court also arrived at the same conclusion. However, it allowed for stronger reliance on such testing and ruled that where the partition rate test is used, any inaccuracy due to a margin of error must be adjusted in the defendant's favor. This ruling, however, was subsequently partially overruled, when a different Nebraska court ruled that the state fails to meet its burden of proof when the "state is able to prove alcohol content only within a specified range, the lower point of which falls below the statutory value." It should be noted that such rulings are often fact specific, and are thus not necessarily applicable in all similar circumstances. Furthermore, case law and applicable statutes are subject to change. For this reason, the above cases are provided simply to illustrate what some courts have held in the past.
• Scott Semrau: Driver's License suspension is mandatory for all drug and dui convictions. Driving with No Insurance and Driving With a Suspended License are also common offenses that result in Drivers License Suspension. Drivers Under 21 years of age also are at risk for license suspension.
• Diana Young:

  Information Your DUI Attorney Needs:

  • Details of the last 24 hours leading up to your arrest.
  • The name of the alcoholic beverage and how much you consumed before being arrested.
  • Amount of time it took you to consume this alcohol.
  • Your gender.
  • Your weight at the time you were arrested.
  • Did you have chewing tobacco or dip in your mouth when the police stopped you?
  • If your gums were bleeding during the breath test.
  • Whether you were in contact with any volatile chemicals in the time leading up to your arrest.
  • The reason the police officer gave for stopping you.
  • What questions the officer asked you and your responses.
  • Any roadside tests the officer asked you to perform.
  • How well you performed on any roadside test.
  • Whether the officer made a videotape of your arrest.
  • After you were placed under arrest, did the officer read the Georgia Implied Consent Notice to you off of a card?
  • Whether you took the official test requested by the officer.
  • What were the test results?
  • Any witnesses that can corroborate your version of any and all events leading up to your arrest.
  • Any witnesses to your actual arrest.
  • If you are currently on probation or parole.
• Stearns-Montgomery & Associates: Types of Trial:  Bench trial:  The Defendant can chose to have the judge determine whether they are guilty or not guilty. Jury trial:  Every Defendant has the right to have the case tried by a jury of their peers.  In felony cases they are entitled to twelve jurors and in misdemeanors they are entitled to six jurors.  Depending on the anticipated length of the case, alternates may be chosen.
• Bert Cohen: This is a particularly complex area of the law where it is especially important to be represented by experienced counsel because of the severe punishments involved. Upon conviction of a driving under the influence charge, punishments include mandatory minimum jail sentences and license suspensions, even on a first offense in Georgia. A successful defense resulting in acquittal, dismissal, or substantial reduction of charges, can frequently turn on whether the arresting officer followed technical procedures. This includes the way the driver's car was stopped, the manner in which the officer conducted field sobriety evaluations, the way the officer instructed the driver concerning breath, blood, or urine collection and testing, and the procedure followed in administering the test.
• Plichta & Associates: DRUNK DRIVING is a crime and the accused is entitled to a fair trial. However, as long as citizen-juries find any drunk driving defendants innocent at trial, special interest groups will pressure legislators and the courts to do their dangerous bidding and "make it easier" to convict the accused. Their quest is to punish every person accused of drunk driving, whether guilty or not.
• Guy Sharpe: DUI is a crime of degrees. In Georgia, it is not illegal to have a drink with your meal and drive. It is illegal to drink too much and then drive. It is also illegal to drink while driving.
• Schwerd & Schwerd: Cases for DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) vary depending on the charges, and mainly the B.A.C. (Blood Alcohol Level). A DUI or a DWI conviction can destroy your future to a large extent. If you are charged with either a DUI or a DWI, it is strongly recommended you have an attorney to defend you in court.