Navigating the legal complexities of a DUI charge in Marietta, GA can be a daunting task. We understand that being accused of driving under the influence is a stressful and emotionally challenging experience. Our team of experienced Marietta DUI attorneys is dedicated to providing the support and guidance necessary to alleviate some of this burden and help you achieve the best possible outcome.
As a prominent part of the Georgia legal community, we have seen firsthand the consequences of DUI charges. Not only are the immediate penalties of fines, license suspension, and possible jail time at stake, but there are lasting repercussions that can impact your professional and personal life for years to come. Our firm takes these matters seriously and is well-equipped to handle such cases with the exceptional legal representation you deserve.
Our team is well-versed in Georgia DUI laws, ensuring that we have the knowledge and resources to build a strong defense on your behalf. We take pride in our ability to provide our clients with personalized attention, working closely with them to explore all avenues of investigation and diligently scrutinize the evidence and circumstances of their cases. By partnering with us, you can rest assured that your interests are our top priority. Learn more about dui lawyer marietta ga
Understanding DUI Charges in Marietta, GA
DUI Arrest Procedures in Cobb County
In Cobb County, DUI arrests follow a procedure similar to other areas in Georgia. If an officer suspects a driver of being under the influence of drugs or alcohol, they will likely perform a field sobriety test. This may include the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test.
If the driver fails the field sobriety test, the officer may then administer a chemical test to determine the driver’s blood alcohol content (BAC). Under Georgia’s implied consent law, drivers are required to submit to this test. Refusing the chemical test can result in a license suspension.
Georgia DUI Laws and Penalties
The state of Georgia has two types of DUI charges: DUI Per Se and DUI Less Safe. A DUI Per Se charge can be given if the driver’s BAC is 0.08% or higher for drivers 21 and over, 0.04% for commercial drivers, and 0.02% for drivers under 21. A DUI Less Safe charge can be given based on the officer’s belief that the driver is impaired, even if their BAC is below the legal limit.
The penalties for a DUI in Georgia vary based on the driver’s history and the circumstances of the arrest. Some typical penalties include:
- First offense: 10 days to 12 months in jail, $300 to $1,000 fine, 40 hours of community service, and a license suspension of up to 1 year
- Second offense: 90 days to 12 months in jail, $600 to $1,000 fine, 30 days of community service, and a license suspension of up to 3 years
- Third offense: 120 days to 12 months in jail, $1,000 to $5,000 fine, 30 days of community service, and a license suspension of up to 5 years
The Role of Field Sobriety Tests and Chemical Tests
Field sobriety tests play a crucial role in establishing probable cause for a DUI arrest. These tests provide law enforcement officers with evidence to determine if a driver is impaired. While they are not always entirely accurate, they are still widely used and admissible in court.
Chemical tests are used to measure a driver’s BAC, providing more concrete evidence of impairment. In Georgia, drivers are required to submit to these tests under the implied consent law. Refusing a chemical test can result in a license suspension, but drivers have the right to an independent test afterward. It is important to understand the role of these tests in a DUI case and how they can impact the outcome.
Legal Representation for DUI Defense
Selecting a Skilled DUI Defense Attorney
When facing a DUI charge in Marietta, GA, it is essential to have a knowledgeable and experienced defense attorney by your side. A skilled Marietta DUI lawyer can make a significant difference in the outcome of your case. They will help you navigate the complex legal system, protect your rights, and work tirelessly to achieve a favorable resolution.
To find the right attorney for your case, consider the following factors:
- Reputation and experience: Look for attorneys in Marietta who have a proven track record of successfully defending DUI cases.
- Specialization in DUI defense: A specialized DUI lawyer will have in-depth knowledge of DUI laws and defense strategies.
- Free consultation: A free consultation will give you an opportunity to discuss your case with the lawyer and evaluate their expertise.
Defense Strategies and Plea Bargain Options
Our team of skilled attorneys will analyze your case thoroughly to develop the most effective defense strategy. Sometimes, we may advise plea bargain options to avoid a lengthy trial and reduce the severity of the consequences you face. Some of the common DUI defense strategies we use include:
- Challenging the legality of the initial traffic stop
- Contesting the accuracy of breathalyzer or field sobriety tests
- Presenting evidence that contradicts the arresting officer’s testimony
Trial Process and Appealing a DUI Conviction
If your case proceeds to trial, we will represent you throughout the jury trial process. This includes selecting a fair and impartial jury, presenting a strong defense, and aggressively cross-examining prosecution witnesses to challenge their credibility.
In the event of a conviction, our team will be prepared to assist you in filing an appeal. This involves reviewing the trial transcripts, identifying errors in the application of the law or prejudicial rulings by the judge that may warrant a reversal of the conviction. We will work tirelessly to advocate for your rights and put forth a compelling argument for overturning the verdict.