DUI Lawyer Marietta GA: Expert DUI Defense Attorney Fighting For Your Rights

If you or a loved one has been arrested for driving under the influence (DUI) in Georgia, you need a skilled Georgia DUI lawyer to protect your rights. DUI charges in Georgia carry severe consequences, including potential jail time, license suspension, increased insurance premiums, and long-term impacts on your career and personal life. At The Freedom Lawyers, we understand what is at stake and are dedicated to achieving the best outcome for your case. The Freedom Lawyers are here to help.

Consequences of a Georgia DUI Arrest

Being charged with DUI in Georgia triggers two separate legal processes:

1. Administrative License Suspension: The Georgia Department of Driver Services (DDS) may suspend your driver’s license automatically unless you take specific actions within 30 days of your arrest.
2. Criminal Prosecution: You will face criminal charges in the municipal court or county court where the arrest occurred.

A DUI conviction in GA can result in severe penalties, including fines, community service, mandatory DUI education programs, and even imprisonment. Additionally, it will remain on your criminal record, potentially limiting future employment opportunities. That’s why you need an experienced Georgia DUI lawyer by your side.

What are Your Rights When Stopped for a Marietta Georgia DUI?

You have certain rights when charged with a DUI. You have a right to:

• + Refuse any testing.
• + Refuse a breath test.
• + Refuse a blood test.
• + Refuse a urine test.
• + Be treated fairly.
• + Have the officer comply with their training.
• + Be read implied consent correctly.
• + Medical treatment and evaluation after a crash.
• + Not answer any questions not related to your license, insurance and identity.
• + Not take any Field Sobriety Evaluations
• + Due process in the DUI arrest
• + If they take a test, to an independent test from a physician of their choosing (from neighboring county).

What are you Not Allowed to Refuse?

You do not have a right to refuse to give the officer your license. You also must get out of the car if they ask. But every time you exert a right, it’s an opportunity for the Officer to make a mistake. An Officer’s mistake can be the difference between winning your DUI case and a DUI conviction on your record. It’s important to know your rights as a driver accused of DUI. It is also important to hire one of our Freedom Lawyers who specializes in fighting these DUI cases. We fight to win for you.

Georgia DUI Lawyer near You!

The Freedom Lawyers have successfully defended clients in DUI cases throughout Metro Atlanta, including counties like Cobb, Fulton, DeKalb, Cherokee, and Bartow. We also represent clients in city, probate, and municipal courts in areas such as Marietta, Acworth, Kennesaw, Smyrna, Mableton, East Cobb, Vinings, and beyond. Wherever you are in Georgia, we are here to help.

Fight the License Suspension with an Expert DUI Attorney, GA

If your license is on the line, you need a skilled Georgia DUI Lawyer. The first thing most people need to worry about is the pending license suspension. If you’ve been arrested for DUI, protecting your driving privileges is critical. Georgia law allows you only 30 days from the date of arrest to file an appeal (O.C.G.A. §40-5-67.1), or apply for an ignition interlock device permit (O.C.G.A. §40-5-64.1). Failure to act will result in a 12-month license suspension. Call us today for a free consultation to see how we can assist with your license suspension appeal.

You only have 30 days after the date of your DUI arrest to appeal the license suspension. If you miss the 30-day window, your license will be suspended and you lose the ability to appeal the suspension.

DUI Case and Administrative License Suspension Are Different

Georgia DUI laws are strict. Pursuant to O.C.G.A. §40-6-391, it is illegal to drive or be in physical control of a moving vehicle while:

• Under the influence of alcohol to the extent that it is less safe to drive.
• Under the influence of drugs (including prescription medication) to the extent that it is less safe to drive.
• Having a blood alcohol concentration (BAC) of 0.08% or higher within three hours of driving.
• With any detectable amount of marijuana or other controlled substances in your system.
• Under the influence of a combination of alcohol or drugs.

Prescription Drugs and Marijuana

Even if you have a prescription for a drug or marijuana in your system, you can still face DUI charges if it impairs your ability to drive safely. The state can use breath, blood, or urine tests to prove impairment, but these tests are not always accurate. An experienced Georgia DUI lawyer can challenge the validity of this evidence. Further, valid prescriptions also can provide a baseline of the drug within your system that is not intoxicating. When charged with DUI for Prescription drugs, it is essentially important to have an experienced DUI Lawyer on your side to speak to your physician or doctor, research the intoxicating effects and levels of the prescription medication, and argue to a jury why those substances were not intoxicating in that specific circumstance.

Blood Testing

Any amount of controlled substances in your blood can be enough for the State to convict you of DUI, if it is not prescribed. Also, if the State has a blood, breath or urine test, and the results show a blood alcohol concentration of 0.08 grams or more is enough, it is enough for the state to convict you of DUI if the blood test is valid. 

The Freedom Lawyers specialize in challenging blood testing results. We have examined hundreds of blood tests, and know how to attack the GBI toxicologist using their own methods, techniques, and manuals. These cases take a special DUI Defense Lawyer to attack the State’s evidence and their experts credentials. Don’t leave your case to chance. Contact us for a free consultation.

DUI Punishment

Also, every time you get a DUI the punishment gets much worse. The punishment for DUI is listed in the law itself. 

1st DUI

1st conviction within 10 years:

• $300 to $1,000 Fine plus surcharges.
• 10 days in jail, 24 hours mandatory.
• 40 hours community service.
• DUI alcohol risk reduction program within 120 days.
• Clinical Alcohol Drug Evaluation and complete any recommended treatment.

2nd DUI

• $600 to $1000.00 plus court costs and surcharges.
• 90 days in jail, 72 hours mandatory.
• 240 hours community service.
• DUI or alcohol drug risk reduction program within 120 days or 90 days from release from custody.
• Victim Impact Panel
• Clinical Alcohol Drug Evaluation and comply with any recommended treatment.
• 12 months probation minus any days actually incarcerated.

3rd DUI

3rd in 10:

• $1000.00-$5,000.00 fine.
• 120 days in jail, 15 days Mandatory.
• 240 hours of community service.
• DUI alcohol risk reduction program within 120 days following the conviction or within 90 days of their release from custody.
• Victim Impact Panel
• Clinical Alcohol Drug Evaluation and complete any recommended treatment.
• Period of probation 12 months less any days that the person was actually incarcerated.

4th DUI

4th in 10 = Felony:

• $1000.00-$5000.00 fine.
• 1-5 years in prison, mandatory 90 days to serve.
• 480 hours of community service.
• DUI risk reduction class within 120 days or 90 days within release.
• Victim Impact Panel
• Clinical Alcohol Drug Evaluation and comply with any recommended treatment.
• A period of probation five years minus any days actually imprisoned.

An experienced Georgia DUI lawyer can negotiate with the prosecutors to reduce penalties or potentially have the charges dismissed or reduced.

Common DUI Defenses

Defending a DUI charge requires a deep understanding of Georgia DUI laws, police procedures, and forensic testing methods. At The Freedom Lawyers, we explore every avenue to build a strong defense, including:

Challenging Field Sobriety Tests

Field sobriety tests, such as the horizontal gaze nystagmus (HGN) test and the walk-and-turn test are prone to officer error. If the officer failed to administer these tests correctly, we can argue that the results are unreliable and in some cases, get them suppressed so they cannot be used against you.

Questioning Breath and Blood Tests

Breathalyzers and blood tests must follow strict guidelines for calibration, maintenance, and chain of custody. Any deviation can render the results inadmissible. Additionally, improper implied consent warnings or delayed reading of the implied consent warnding can invalidate test results.

Exposing Police Errors

Georgia law requires officers to have probable cause for a traffic stop. If the officer lacked justification or violated your constitutional rights during the arrest, we can seek to have evidence suppressed.

Officers DUI Training – 3 Parts to a DUI Investigation

Officers are trained that there are three parts to a DUI investigation.

1. Vehicle in motion or some type of traffic offense.
2. Personal contact with you – what do they see, smell, and hear when they arrive at the window.
3. The field sobriety evaluations. 

Vehicle in Motion

Committing a traffic offense or having some type of equipment/lighting violation is enough for an officer to stop you. Once stopped, the officer can ask for your license and registration and confirm you are not a danger. They do this by requesting a copy of your license, registration, and insurance.

The best thing to do is avoid getting pulled over. Do this by making sure your headlights and taillights are on and working before leaving your location. Make sure all tag lights work and that you have no distractions while driving. If you do not have a traffic violation or equipment violation, the police cannot stop you. 

An Officer cannot stop you for no reason unless it’s a road-block. It is important to ensure there are no distractions and you are complying with all road laws. Doing this can prevent the Officer from stopping you for DUI.

Personal Contact

When pulled over, the officer may ask for your license, insurance, and identifying documentation. You have a right to refuse to answer any other questions. 

An officer can ask you to get out of our vehicle if they smell alcohol. They can also do this if they have probable cause to believe that you have drugs in the car. They cannot force you to take field sobriety evaluations or consent to a blood or alcohol test. Field sobriety evaluations are optional and voluntary. 

You have a right to not take any test and not answer any questions. If you do that, the evidence against you in the DUI case will be minimal. With minimal evidence, you have a good chance of winning your DUI case.

Give Minimal Information – Everything is Recorded!

All tests and interactions are on camera. When you refuse a test, the evidence is limited to the words and answers you give to the Officer. The less communication and information you give to the Officer the higher your chance of winning your DUI case. 

We use the footage from the investigation against the officers to point out the issues in their investigation. Additionally, we also use it to show the differences between what they did and what their training requires. Lastly, we use it to show inconsistencies in their testimony and reports.

Field Sobriety Evaluations

There are 3 Nationally Certified Field Sobriety Evaluations the Officers are trained in administering. They are the Horizontal Gaze Nystagmus or HGN test (eye test), the Walk and Turn Test or Walk the Line, and the One Leg Stand.

Each test has multiple steps and multiple clues or parts to the test that the Officers are expected to do exactly right. When the Officers don’t comply with their training or don’t comply with the steps outlined in their Field Sobriety Evaluation Manual, it hurts their credibility and the validity of their investigation. 

You need an expert Georgia DUI Lawyer to be able to see the nuances in the case and defend you to the fullest extent in the law. 

Horizontal Gaze Nystagmus

The HGN is the eye test. This is considered a scientific test and must be done exactly right. If the Officer doesn’t do the evaluations and medical qualifications correctly then they cannot use the results of the HGN Test against you. This test has over 10 independent steps and the Officers routinely make mistakes. 

If the Officers mess this test up, they cannot use the results and it greatly hurts their chances of convicting you at trial. If you fight your DUI alone or use an attorney who is not a specialist in this field, it will hurt your chances of success. 

Our Expert Georgia DUI Lawyers can Attack the HGN

Our attorneys are trained in the steps of the HGN evaluation and use the manual at all hearings. We use it as a weapon against the Officers and the State because they often don’t follow their own training. If they don’t, you can win. But you need someone who knows how they are trained to administer the test, and when they mess it up. The Freedom Lawyers are the best choice.

Walk and Turn and One Leg Stand

These tests are considered divided attention tests and dexterity tests. They are not scientific in the same way the HGN test is. That is because they are based on balance and a person’s ability to follow complex directions.

Many times, the Officers don’t give the proper or complete directions. The failure to do so disobeys their training and hurts their credibility on the witness stand. It undercuts their investigation and greatly increases your ability to beat the DUI charge.

A Specialized Georgia DUI Lawyer can help you get your Life Back!

DUI cases are so factually specific, and rely so much on the officer’s failure to follow their training that the more your DUI defense attorney knows, the better your chance of success. We fight and win cases where mistakes are made during the Walk and Turn and One Leg Stand all the time. Make the right choice. Hire The Freedom Lawyers.

Specialized Georgia DUI Lawyer Defense Strategies

DUI Per Se Cases

A DUI per se charge is based on a BAC of 0.08% or higher. A blood or breath test must have been given in order to be charged with DUI Per Se. If no blood or breath test was given, the charge must be for DUI Less Safe only. However, testing inaccuracies, mishandling of evidence, and improper procedures can undermine the state’s case. Our attorneys are trained to identify and exploit these weaknesses.

Blood cannot be used against you when it is not preserved pursuant to the proper chain of custody. If it is not tested and sealed when it is received by the lab, it cannot be used against you. If the witnesses are not available to any aspect of the blood collection or testing, they cannot use the blood results against you.

Georgia DUI Lawyer – DUI Per Se Expert

A seasoned and experienced Georgia DUI Lawyer can get the blood ruled out and greatly help your chances of winning your case. Expertise and knowledge of the law enforcement systems and testing procedures will increase the possibility the blood will be suppressed. That’s why it’s so important to have an experienced Georgia DUI Lawyer who understands how the State is going to attack you and try to convict you of the DUI. Our attorneys are trial seasoned, and have tried cases from DUIs all the way up serious felonies including murders and armed robberies. We are the best choice in Georgia DUI Lawyer to defend your DUI and position you to win.

DUI Less Safe Cases

In DUI less safe cases, the prosecution relies on subjective evidence such as officer observations. We use body cam footage, witness testimony, and expert analysis to refute claims that you were impaired.

Refusal Cases

There’s a reason to always refuse to take the field sobriety evaluations and to refuse the state’s request for a breath, blood or urine test. If you refuse to submit to field sobriety evaluations, your refusal cannot be used against you. If you refused a breath, blood, or urine test, the state’s evidence is limited. 

Georgia law prohibits using some refusals to submit to testing as evidence in criminal trials. This gives you a stronger chance of avoiding conviction. The more State-administered test you refuse, the better your chances of winning the case at trial. 

Blood Test Refusal

The same rules do not apply for a blood test. They can say they asked you to take a blood test. However, if your blood comes back at 0.08 grams or more, you are considered DUI per se. According to the law in Georgia, the score of a .08 blood alcohol concentration or more is enough to find you guilty of a DUI. But the test is voluntary – meaning you can refuse to take it.

There are many ways that an experienced DUI attorney can get a blood test ruled out or considered inadmissible. This means the state cannot bring it up in a DUI trial. That greatly increases your ability to fight your case and win.

Georgia DUI Lawyer Experience Matters

You only want an experienced DUI specialist working on your DUI case. Contact us for a free DUI consultation. 

Protecting Commercial and Underage Drivers

CDL Holders

Commercial drivers face stricter standards. A BAC of 0.04% or higher can lead to disqualification of your CDL. We understand the unique challenges CDL holders face and will fight to protect your livelihood.

Drivers Under 21

For drivers under 21, a BAC of just 0.02% can result in a DUI conviction. We work to minimize the impact on your future by negotiating reduced charges or alternative sentencing options.

If you are under 21 and are arrested for DUI, you are not eligible for a limited drivers permit and your license will be suspended. Further, even after the conviction you are not eligible for a limited drivers permit. 

These restrictions stay in place until they expire, or you turn 21 years of age. In some cases, the resolution can be delayed to a point where the conviction will not suspend your license. That’s why an attorney experienced in fighting Under 21 DUI cases can make all the difference.

Under 21 DUI – What are Your Rights?

People charged with DUI under 21 have the same rights as those over 21. They have a right to:

1. Refuse any testing.
2. Decline a breath test.
3. Turn down a blood test.
4. Refuse a urine test.
5. Be treated fairly.
6. Have Officer comply with their training.
7. Be read implied consent correctly.
8. Receive Medical treatment and evaluation after a crash.
9. Not answer any questions not related to your license, insurance and identity.
10. Not take any Field Sobriety Evaluations
11. Due process in the DUI arrest
12. If they take a test, to an independent test from a physician of their choosing (from neighboring county).

You do not lose these rights because of your age. Officers cannot treat you differently because you are under the age of 21. You have the same rights as someone over 21 during the evaluation process and court process. It’s always best to be respectful but decline any questioning or evaluations. It limits the evidence the State has against you. Accordingly, it helps tremendously to have experienced DUI Trial Lawyers to fight and win your case.

Why Choose The Freedom Lawyers as your Georgia DUI Lawyer?

Expertise in DUI Defense

Some of our attorneys are former prosecutors with extensive trial experience in DUI cases. We stay up-to-date on changes in DUI law and officer training procedures to provide cutting-edge representation.

Exceptional Client Communication

We believe in transparent, proactive communication. From the moment you contact us, we’ll keep you informed about your case’s progress and explain every legal option in clear terms. We give you direct access to your attorney so you can ask them any questions you have at any point during our representation.

Proven Results

We’ve helped countless clients avoid convictions, reduce charges, and minimize penalties. Whether through negotiation or trial, we fight tirelessly to protect your rights.

Take Action Today

Facing a DUI charge in Georgia is overwhelming, but you don’t have to face it alone. The Freedom Lawyers are here to help you navigate this challenging time and achieve the best possible outcome. As a dedicated criminal law attorney team serving Marietta, we understand what’s at stake for your future. Contact us today for a free consultation with a skilled Georgia DUI lawyer. Together, we can put this behind you and help you move forward with minimal consequences.

Frequently Asked Questions

How much does a DUI lawyer cost in GA?

The cost of hiring The Freedom Lawyers as your DUI lawyer in Marietta GA typically ranges from $5,450.00 to $8,950.00 for standard cases, though complex cases involving multiple offenses or felony charges may cost more. As a DUI defense attorney specialist, we offer payment plans and free initial consultations. The investment in quality legal representation often pays for itself by potentially reducing penalties, preserving your driving privileges, and protecting your future opportunities. Remember that the financial consequences of a DUI conviction far exceed attorney fees when considering increased insurance premiums, fines, and potential job loss.

How to get a DUI dismissed in Georgia?

Getting a DUI dismissed in Georgia requires identifying procedural errors, constitutional violations, or evidentiary weaknesses in the prosecution’s case. An experienced DUI lawyer Marietta GA can challenge the legality of the traffic stop, question the accuracy of field sobriety tests, dispute breathalyzer results, or demonstrate improper handling of blood samples. Our DUI defense attorneys meticulously examine police reports, video footage, and witness statements to build compelling arguments for dismissal. In many cases, we’ve successfully had charges reduced or dismissed by proving that officers failed to follow proper protocols or that testing equipment was improperly calibrated.

An experienced DUI attorney can often work to get the DUI charge changed to a less serious offense, but to obtain a dismissal you must be willing to take the case to trial. The risk of taking a case to trial is that if you lose, the penalties are often much higher than if an agreement is reached. Thus, having an Experienced, Expert Marietta DUI Lawyer is essential if you want to win. Contact us for a free consultation.

Should I get a lawyer for my first DUI in Georgia?

Yes, hiring a skilled DUI defense attorney for your first DUI offense in Georgia is crucial, as even first-time offenders face severe penalties including license suspension, mandatory jail time, substantial fines, and a permanent criminal record. A qualified Marietta DUI lawyer can navigate the complex legal system on your behalf, potentially reducing charges or securing alternatives like probation or diversion programs. First-time DUI cases often have stronger opportunities for favorable outcomes when properly defended, making legal representation an essential investment in your future rather than an optional expense.

What is the 3-hour rule for DUI in Georgia?

The 3-hour rule for DUI in Georgia refers to the legal provision that allows prosecutors to use a blood alcohol concentration (BAC) test administered within three hours of driving as evidence of intoxication while driving. This means if your BAC is tested at 0.08% or higher within three hours after operating a vehicle, it can be used to establish a DUI per se charge, even if you weren’t actually impaired while driving. A knowledgeable DUI lawyer in Marietta GA can challenge this presumption by questioning the timing of the test, introducing evidence about alcohol absorption rates, or demonstrating procedural errors in test administration.

What is the best plea deal for DUI?

The best plea deal for a DUI in Georgia typically involves reducing charges to a lesser offense like reckless driving, which carries significantly lighter penalties and doesn’t trigger the severe consequences of a DUI conviction. Other favorable outcomes might include reduced probation terms, minimal fines, or alternatives to jail time such as community service or DUI school. The optimal plea deal varies based on your specific circumstances, the strength of evidence against you, and the skill of your DUI defense attorney in negotiation. At The Freedom Lawyers, our Marietta GA DUI attorneys leverage our experience and relationships with local prosecutors to secure the most advantageous plea agreements possible for our clients.