After DUI Charges In Marietta, Georgia, Hire A Skilled Defense Attorney
If you have been accused of DUI, you may be unaware of the consequences of a conviction (even if it’s a first conviction). All is not lost if you have submitted to field sobriety tests. While the roadside breath test may have shown that you had alcohol in your system, it is not admissible in court. However, the state-administered test done at the station is admissible.
Atlanta DUI attorney Lisa Wells formerly prosecuted DUIs and now defends them. She knows the nuances of a strong DUI defense. Lisa Wells is an aggressive DUI lawyer who has undergone the same training as police officers who are certified in DUI detection. She understands the system from the inside out and will protect your rights.
Former Prosecutor Advocating For You
If you have been wrongly accused of DUI, attorney Lisa Wells is a Cobb County DUI attorney who covers most Atlanta metro counties and will protect your rights and advise you on your best options. Lisa works hard to get your case reduced so you do not carry the permanent record of a DUI conviction and fights for you to keep your driver’s license so that you can work, attend school and handle court, medical, and dependent issues.
Frequently Asked Questions About DUI In Marietta, Georgia
Facing charges of driving under the influence (DUI) in Georgia can be daunting. Below are answers to frequently asked questions about drunk driving charges in Georgia.
Will I lose my license if I’m arrested for a DUI in Georgia?
In Georgia, you will receive an administrative license suspension (ALS) immediately upon your arrest. This ALS occurs immediately, and you’ll need to request an ALS hearing within 30 days to challenge the suspension. You may be off the road for a year or more if you fail to request this hearing.
What penalties can I expect for a first-time DUI conviction?
For a first-time DUI offense in Georgia, penalties can include fines, license suspension, community service, counseling, and jail time. The penalty’s severity depends on various factors, including blood alcohol concentration (BAC) level and any prior DUI offenses. Georgia’s legal BAC is 0.08% for people over 21 years but for commercial drivers, the BAC limit is 0.04%.
What does “implied consent” mean for the purposes of drunk driving in Georgia?
In Georgia, implied consent means that by operating a motor vehicle on the state’s roads, you have already consented to chemical testing (breath, blood or urine) during a DUI stop.
Refusal to submit to testing can result in administrative penalties like license suspension, as you will be violating the implied consent law.
What types of field sobriety tests can I expect to take in the Marietta, Georgia area?
Law enforcement officers in Georgia commonly administer standardized field sobriety tests (SFSTs) approved by the National Highway Traffic Safety Administration (NHTSA). These tests may include the horizontal gaze nystagmus (HGN), walk-and-turn and one-leg stand tests. You are under no obligation to participate in these tests, and doing so is more likely to hurt than help.
What is an ignition interlock device?
An ignition interlock device (IID) is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected on your breath. In Georgia, first-time DUI offenders may be required to install an IID if they want to apply for a limited driving permit. The device prevents driving under the influence. For second or subsequent DUI convictions within a five-year period, Georgia law mandates that offenders must have an IID installed to regain limited driving privileges. The cost of installation and maintenance is the responsibility of the offender.
What happens if I refuse a BAC or field sobriety test in Georgia if I’m pulled over for suspected drunk driving?
Under Georgia’s implied consent law, refusal to take a state-administered chemical test to determine your blood alcohol content (BAC) after a DUI arrest will lead to an automatic suspension of your driver’s license for up to one year. This administrative penalty is separate from any criminal penalties you might face if convicted of DUI. Additionally, the refusal can be used as evidence against you in court, which may complicate your defense. If it is your second refusal within five years, you could lose your license for up to 18 months with no limited driving permit option.
However, you are under no legal obligation to submit to field sobriety testing and should not do so, since “passing” these tests is largely subjective.
Can I receive a Georgia temporary driving permit after my DUI arrest?
Yes, after a DUI arrest, you may apply for a temporary driving permit in Georgia, known as a limited driving permit. This permit allows you to drive to specific locations like work, school or medical appointments while your case is pending. Eligibility for the permit depends on several factors, including whether it’s your first DUI offense, the severity of the offense, and compliance with other DUI-related requirements, such as installing an ignition interlock device (for repeat offenders). You must also apply for this permit within 30 days of your arrest to avoid automatic license suspension.
Get A Former Prosecutor On Your Side. Contact A Criminal Defense Lawyer Serving The Atlanta Area Today.
If you are arrested in Fulton, Cobb or another metro county, Atlanta DUI attorney, Lisa Wells, will expertly guide you through initial arrest, arraignment, plea or trial and will seek to get your charges reduced or dropped and mitigate future damages that last forever.
Lisa is a top Atlanta DUI defense and DUI attorney who will look for ways to challenge the state’s case against you.
Call Lisa Wells Law Firm at 678-223-4975 today or email for a 30-minute consultation. Serving DeKalb County, Fulton County, Cobb County, Cherokee County, Douglas County, Gwinnett County, Bartow County, Paulding County, and other surrounding counties and municipalities.