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Marietta DUI Lawyers

1. Patterson, Scott: If you have been charged with a DUI, it is important to contact an attorney as soon as possible. With each day that passes, keeping your license becomes more difficult. For instance, you have 10 days after arrest to request an administrative hearing which may allow you to keep your driving privileges until your case is resolved. There are other possible penalties that go along with a DUI charge. If convicted, you will receive a high fine and possible mandatory jail time. You driver's license could be suspended, and you will have increased insurance costs. If you are charged with a DUI, you should get an experienced attorney with the professionalism to pursue and investigate your matter diligently.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Michael Saul: If you have been charged with a DUI, you have rights. Do not plead guilty before learning your rights.
8. 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. Administrative Hearings - YOU ONLY HAVE 10 DAYS to request an administrative hearing regarding your driving privileges, otherwise, they can be automatically suspended for one year (or longer for repeat offenders). Your license will be suspended if you are per se drunk (blood alcohol past the limit (.08 for most drivers--lower for CDL holders or juveniles). This administrative hearing is separate from your criminal DUI charges. It is a good idea to retain (an attorney) to represent you in both hearings, as we can often discover information at an administrative hearing that may help in your criminal DUI trial. Failing to Submit to a Breathalyzer Test - No limited driving is allowed if you fail to request an administrative hearing or if you lose your license for failure to submit to a breathalyzer or other alcohol test. Plea Bargaining - Often State prosecutors are unwilling to plea bargain unless we can convince them there is a weakness in their case. ... experience and background will help ... properly analyze your case, uncover defenses, and file pre-trial motions, all in an effort to improve the terms of the State's plea offer.
9. 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.
10. 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.
11. Thompson & Pursley: You should consult an attorney for individual advice regarding your own situation.
12. 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.
13. 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.
14. 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.
15. 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.
16. Diana Young:

    Information Your DUI Attorney Needs:

    1. Details of the last 24 hours leading up to your arrest.
    2. The name of the alcoholic beverage and how much you consumed before being arrested.
    3. Amount of time it took you to consume this alcohol.
    4. Your gender.
    5. Your weight at the time you were arrested.
    6. Did you have chewing tobacco or dip in your mouth when the police stopped you?
    7. If your gums were bleeding during the breath test.
    8. Whether you were in contact with any volatile chemicals in the time leading up to your arrest.
    9. The reason the police officer gave for stopping you.
    10. What questions the officer asked you and your responses.
    11. Any roadside tests the officer asked you to perform.
    12. How well you performed on any roadside test.
    13. Whether the officer made a videotape of your arrest.
    14. After you were placed under arrest, did the officer read the Georgia Implied Consent Notice to you off of a card?
    15. Whether you took the official test requested by the officer.
    16. What were the test results?
    17. Any witnesses that can corroborate your version of any and all events leading up to your arrest.
    18. Any witnesses to your actual arrest.
    19. If you are currently on probation or parole.
17. 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.
18. 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.
19. 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. 1. I was not read my Miranda rights. Can the charges be dismissed? Probably not. Miranda rights apply only after a person has been arrested. Any incriminating statements you make before being arrested can be used against you in court. However, any statement you make from the time you are handcuffed until the time you are read your Miranda rights cannot be used against you. If the prosecutorÕs case against you is based solely on those Òun-MirandizedÓ statements, then your case may be dismissed. However, in most DUI cases, the prosecutor will have other evidence besides your statements to use against you in court. 2. The police officer took my driversÕ license and gave me a driving permit for 30 days. Does this mean my driversÕ license has been suspended? No, or at least not yet. This process is also more commonly known as the Ò10 day rule.Ó The permit the officer gave you in place of your license is actually a sworn report made by the police officer to the Department of Motor Vehicle Safety requesting that your license be administratively suspended for a minimum one year. You have 10 business days from the date of your arrest to appeal the officerÕs report and request an administrative hearing; if you do not answer within 10 business days your license will be automatically suspended on the 31st day after your arrest. Filing an appeal permits a postponement and may possibly prevent any suspension from occurring. The administrative license suspension hearing is separate from any criminal hearing and is conducted by the Office of State Administrative Hearings (OSAH). It is an informal hearing and the purpose of the hearing is to decide the fate of your driversÕ license, not your guilt or innocence for the DUI. Act immediately! Contact our law offices in Marietta and ask to speak with a DUI lawyer as soon as possible so that we may advise you and work to prevent your license from being suspended. (back to top) 3. I have an out-of-state driversÕ license that the police officer took from me. Will that license be suspended? The Ò10 day ruleÓ above still applies in this situation. Although Georgia cannot suspend an out-of-state license, it may suspend your privilege to drive in this State. Georgia is required by law to notify your home State of any traffic offense convictions and driving privilege suspensions. Your home State could have further penalties and/or suspensions in addition to those imposed by Georgia. 4. I have a prior DUI in another state. Will it show up in Georgia? It is possible that DUI/DWI convictions from other states may show up on a criminal history search performed by the prosecutor. However, DUI convictions from other states sometimes do not show up on a personÕs criminal history in Georgia. Even though a DUI defense attorney does not ÒvolunteerÓ information about prior convictions, it is very important for our legal team to know your entire record so that our DUI lawyers are prepared to address any issue the prosecutor presents in court. 5. Is a DUI a misdemeanor or a felony? The offense of driving under the influence is a misdemeanor, and not a felony. The absolute maximum penalty that can occur for any misdemeanor (and that includes speeding) in Georgia is a $1000 fine and 12-month sentence. The exception is a person is charged with a 3rd DUI in 5 years. A 3rd DUI in 5 years is considered to be a "high and aggravated" DUI with a maximum fine of $5000. (back to top) 6. How long does a DUI conviction stay on my record? In Georgia, a DUI stays on your record for life. It can effect your present or future employment, can cause an increase or cancellation of your car insurance, or even cause restrictions on your credit. With the possibility of a DUI on your record for life, you need the best possible DUI/DWI attorney you can afford. Our lawyers have decades of experience successfully defending clients against DUI convictions. Everyone in our criminal defense law firm is familiar with the way the system works and knowledgeable about the ways various judges and prosecutors in Marietta, Atlanta, metro Atlanta counties, and metro areas throughout Georgia view DUIs. This experience allows our law firm to get you the best possible outcome. 7. Can I plead nolo to a DUI charge? For all DUI cases since July 1, 1997, a ÒnoloÓ plea (or Òno contestÓ) is of little or no use. The primary benefit of a nolo plea is to circumvent an admission of liability in a civil suit (for example, if an accident had occurred). If your Breath Alcohol Content (BAC) is more than 0.10, a nolo plea is not an option. Otherwise, it is entirely within an individual judgeÕs discretion to accept a nolo plea in a DUI/DWI case. Some judges will not accept a nolo plea if you refused to be tested for a breath or blood alcohol level in a DUI case. If the judge does accept a nolo plea, sentencing will be the same as if you had entered a guilty plea. Finally, a person under 21 years of age cannot use a nolo plea. 8. Should I take the breath test (Intoxilyzer) in a DUI arrest? There is no simple ÒyesÓ or ÒnoÓ answer to this question. Each personÕs situation is different. A person may choose to take the breath test during a DUI arrest because the consequences for refusing the test are more severe than taking it, and having a high alcohol result. For example, a person who refuses a DUI breath test runs the risk of having license suspension for a minimum of one year. Additionally, a refusal can be used against you in court to create the presumption that you were under the influence. On the other hand, without a sample of your breath/blood from a DUI test, the state has less direct evidence that can be used to convict you of a DUI charge. (back to top) 9. I took the DUI breath test (Intoxilyzer, Intoxilyzer 5000), can test results be challenged in court? Yes. A DUI breath test must meet specific legal and scientific standards to be considered reliable enough to use in court. If these standards are not met, it is possible that your DUI breath test results cannot be used against you. In addition, at the time of the DUI test you may challenge the results of the breath test by requesting your own independent analysis using a blood test or urine test. You are responsible for the costs of this independent test. 10. If I am convicted of DUI, or I plead guilty to a DUI, will I go to jail? Georgia laws are tough on drivers convicted of DUI and can include mandatory jail time. In almost all DUI convictions, jail time is a real possibility. Below are the statutory penalties for DUI: First Conviction in 5 Years * Up to $1,000 fine * 10 days to 1 year in jail * DUI School * 40 hours community service * 1 year probation * 1 year license suspension Second Conviction in 5 years * Up to $1,000 fine * 90 days to 1 year in jail * DUI School * 30 days community service * Alcohol/Drug evaluation and any recommended treatment * 1 year probation * 3 years license suspension * Ignition interlock device Third Conviction in 5 Years * Up to $5,000 fine * 120 days to 1 year in jail * 30 days community service * Alcohol/Drug evaluation and any recommended treatment * 1 year probation * 5 years license revocation * Ignition interlock device Fourth Conviction in 5 years (Habitual Violator) * Up to $5,000 fine * 1 to 5 year in state prison (back to top) 11. Do I need a DUI lawyer? It is highly recommended that a person charged with DUI has legal representation to assist them in court. The court process at times is confusing and complicated, and an experienced DUI attorney can make it less so. In addition, your right to drive, your freedom and possible future employment options can be affected by a DUI conviction. Therefore, it is very important to ensure that your legal rights are protected in a DUI/DWI case, and that you have seasoned attorneys to secure the best possible outcome.
20. 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.
21. 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.