Facing a DUI charge in Marietta, GA can be an overwhelming and frightening experience. We understand the gravity of the situation and the potential ramifications it can have on a person’s life. That’s why our dedicated team of experienced DUI lawyers in Marietta, GA is here to help guide clients through the complex legal process and fight to protect their rights.
Our team of skilled attorneys has extensive experience handling DUI cases in Marietta and throughout Georgia. We are well-versed in the intricacies of Georgia DUI law and understand the importance of providing our clients with personalized and effective representation. Our primary goal is to help those facing DUI charges navigate the legal system with confidence and ensure that they receive the most favorable outcome possible.
If you or a loved one has been charged with a DUI in Marietta, GA or the surrounding areas, don’t hesitate to reach out to our team at your earliest convenience. With our knowledge and expertise, we can provide the comprehensive and compassionate legal representation you need during this difficult time. Allow us to serve as your advocates, working tirelessly to defend your rights and achieve the best possible outcome for your case. Learn more about dui lawyer marietta ga
Understanding DUI Charges in Marietta, GA
Types of DUI Offenses
In Marietta, Georgia, there are two main types of DUI offenses: DUI Impaired and DUI Per Se. DUI Impaired occurs when the driver’s ability to operate the vehicle is compromised due to alcohol or drugs. DUI Per Se refers to cases where the driver’s blood alcohol concentration (BAC) is at or above the legal limit, which is 0.08% for drivers over 21, 0.04% for commercial drivers, and 0.02% for drivers under 21 years old.
The Role of the Prosecution
The prosecution plays a critical role in DUI cases. They must present evidence showing that the defendant was driving under the influence, either by proving impairment or by demonstrating that their BAC levels exceeded the legal limits. Evidence may include field sobriety tests, chemical tests, officer observations, and more. The defendant’s driving record and prior DUI convictions can also be taken into consideration.
DUI Conviction Consequences
A DUI conviction in Marietta, GA, can result in severe penalties:
- First DUI conviction: Misdemeanor charge with penalties of fines up to $1,000, up to 1 year in jail, license suspension for up to 1 year, and probation.
- Second DUI conviction (within 10 years): Misdemeanor charge with penalties of fines up to $1,000, a minimum of 48 hours to 1 year in jail, a 3-year license suspension, and probation.
- Third DUI conviction (within 10 years): High and aggravated misdemeanor charge with penalties of fines up to $5,000, a minimum of 15 days to 1 year in jail, license suspension for up to 5 years, and probation.
- Fourth or subsequent DUI conviction (within 10 years): Felony charge with penalties of fines up to $5,000, a minimum of 90 days to 5 years in jail, indefinite license suspension, and probation.
Those convicted may also be required to attend DUI education programs, perform community service, and install ignition interlock devices on their vehicles.
Field Sobriety and Chemical Tests
When a driver is suspected of DUI, they may be asked to undergo field sobriety tests. These tests assess balance, coordination, and cognitive abilities. Examples include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test.
Chemical tests are more specific in determining BAC levels. The most common chemical test is the breathalyzer, which measures the alcohol content in the driver’s breath. Other tests include blood and urine tests, which can also detect the presence of drugs. Refusal to submit to a chemical test may result in a more severe license suspension, and violation of the implied consent laws in Georgia.
Legal Assistance and Defense Strategies
Choosing the Right DUI Attorney
When looking for a DUI attorney in Marietta, GA, it’s essential to find a skilled and experienced criminal defense attorney who can successfully defend your case. Start by researching law firms, reading reviews, and considering former prosecutors who know the inner workings of Cobb County legal system. Keep an eye out for peer endorsements to ensure you’re getting the best legal representation possible.
Defense Tactics in DUI Cases
Our team of experienced defense attorneys utilizes a variety of defense strategies specific to DUI cases. We closely examine the evidence, review law enforcement’s administration of field sobriety tests, and challenge the accuracy of breathalyzer or other chemical tests. By meticulously dissecting the case, we identify potential errors and gaps in the prosecution’s evidence to build a strong defense.
Building a Strong Defense Case
We understand the importance of developing a robust defense case for our clients. To achieve this, we:
- Investigate the incident thoroughly
- Review evidence and decide on the best course of action
- Interview witnesses and gather their statements
- Collaborate with expert witnesses in the field
Remember, choosing the right legal representation can have a significant impact on the success of your case and possible probation violations.
The DUI Trial Process
Navigating the legal system can be confusing and overwhelming. Here’s a breakdown of the DUI trial process in Georgia to help you understand it better:
- Arrest: If law enforcement suspects you’re under the influence, they’ll conduct one or more field sobriety tests. If you fail or refuse these tests, they’ll arrest you.
- Bond Hearing: A judge will set your bond during this hearing, determining the conditions for your release until trial.
- Arraignment: During this stage, we’ll enter a plea on your behalf—either guilty or not guilty.
- Pretrial Conference: We discuss the case with the prosecutor, negotiate potential plea deals, and resolve any pretrial issues.
- Motions Hearing: We may file motions to suppress evidence or ask for specific evidence or information from the prosecution.
- Jury Trial or Bench Trial: You may choose to have a trial by jury or a bench trial. In a jury trial, a group of jurors decides your case. In a bench trial, the judge solely determines the outcome.
- Verdict: The judge or jury declare the final outcome—guilty or not guilty.
Throughout this process, we provide thorough legal guidance and support, ensuring that our clients understand their rights and options. If you believe the trial’s outcome is unjust, we can also assist with filing an appeal. Trust our team to be your tireless advocates and provide the expert legal advice you need.
