Marietta Georgia DUI Lawyer
DEFENDING CLIENTS FACING DUI CHARGES IN COBB COUNTY, BARTOW COUNTY, CHEROKEE COUNTY, FULTON COUNTY, PAULDING COUNTY, AND DOUGLAS COUNTY.
Because you have limited time to contest your suspended license and the seriousness of DUI charges in Georgia, you should call a DUI attorney in Marietta as soon as you receive notice of your criminal charge.
A former prosecutor and lifelong advocate for justice, Kim Frye has years of experience defending Marietta residents against DUI charges. If you or someone you know has been charged with a DUI, contact our law office at Frye Law Group today to begin your defense.
Are you facing a DUI charge in Cobb County, Georgia? Call Frye Law Group today at (770) 273-9038 or contact us online to schedule a meeting with our Marietta DUI attorney!
WHAT IS A DUI?
DUI stands for “driving under the influence,” and that influence includes alcohol, drugs, or any other unknown substance. It’s important to remember that even marijuana is included on this list of DUI substances. You can get a DUI conviction even if you have a prescription but are impaired because of it.
If you get pulled over while driving under the influence in Marietta, Georgia, and an officer asks you to take a breathalyzer test, say, “no, thank you.” If you are asked to do roadside field tests, you can also say no without impacting your license.
Georgia is an implied consent state, which means you are consenting to a state test by getting a license. You can still refuse the state test. We suggest you do so. It may still result in arrest or even a search warrant for your blood. Implied consent in Georgia has been challenged strongly in the last few years. As a Georgia case goes up to the US Supreme Court, you can only protect your rights by saying “no.”
The blood alcohol levels that can lead to a DUI are like those in most states in the US:
- If you are over the age of 21, driving a passenger vehicle: 0.08 or higher
- If you are driving a commercial vehicle: 0.04 or higher
- If you are under 21: 0.02 or higher
Getting convicted of a DUI in Marietta or throughout Cobb County, Georgia, is a serious issue. It could affect how much you pay for car insurance, and that conviction will stay on your criminal record forever. It’s also important to note that this includes first-time offenders – Georgia does not have an exception for DUI first offenders. That means that, if convicted, even your first-time DUI can’t be expunged (cleared from your record).
WHAT IS THE 30 DAY LETTER FOR DUI IN GEORGIA?
Anyone arrested in Cobb County, Georgia, for a DUI has to appear in two separate courts. First, you’ll appear in criminal court (the State of Georgia v. you). But after that, you’ll also have to appear in a civil court to determine whether your driver’s license will be suspended – also known as an administrative license suspension hearing.
When you are arrested, the police officer will fill out a form called DDS (Georgia Department of Driver’s Services) Form 1205. When DDS views your form, they’ll send you what’s commonly known as the 30-Day Letter. That’s because you only have 30 days to request a hearing after you receive the Letter. Your license will automatically be suspended if you don’t ask for a hearing.
Facing charges for drunk driving? Contact Frye Law Group today to start your defense with our DUI lawyer in Marietta , GA!
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Practice Areas
Marijuana DUI
Felony DUI
DUI Accidents
Underage DUI
Understanding the Costs of a DUI in Marietta
Facing a DUI charge in Marietta comes with a wide array of financial obligations, which can vary significantly depending on the circumstances of your case. Understanding these costs can help you prepare for the potential financial impact.
Court Fines and Fees
For a first-time offense, court-imposed fines typically range from $300 to $1,000, but additional surcharges can significantly increase the total. For second or subsequent offenses, fines can reach $5,000, especially for felony DUI charges.
Legal Representation
Hiring a Georgia DUI lawyer is essential, but legal fees vary based on the complexity of your case. Expect to pay anywhere from $2,000 to $10,000 or more, particularly if your case goes to trial.
License Reinstatement and Administrative Costs
Georgia imposes fees for reinstating a suspended license, which can cost up to $210 after a first offense. Additional costs may apply for obtaining a limited driving permit or installing an ignition interlock device, which typically costs $2.50 to $3 per day, plus installation fees.
DUI Risk Reduction Programs
State law requires DUI offenders to complete a 20-hour Risk Reduction Program, commonly referred to as DUI school, which costs approximately $360.
Increased Insurance Premiums
A DUI conviction can cause a substantial increase in auto insurance premiums. Rates may double or even triple, with average annual increases ranging from $1,200 to $2,500. This financial burden can last for several years.
Additional Expenses
Other potential costs include bail (ranging from $150 to $2,500), clinical substance abuse evaluations (up to $200), and community service supervision fees. Repeat offenders may also face mandatory publication of their photograph in local newspapers, which often incurs additional fees.
Understanding these costs underscores the importance of seeking legal guidance. Early intervention by an experienced attorney can potentially minimize both legal and financial repercussions.
What Are The Penalties For A DUI In Georgia?
DUI in Georgia first offense
If you get arrested for a DUI, you may face different penalties depending on your past arrests. If it’s your first time receiving a DUI, the penalties may include any of the following:
- 1-10 days in jail (sometimes can be waived)
- 12 months of probation
- Suspended driver’s license (limited permit is sometimes available, potential to drive with an ignition interlock device)
- DUI Risk Reduction School (20 hours of class)
- $300-$1000 fine plus surcharges
- At least 40 hours of community service
- Clinical substance abuse evaluation and any recommended treatment
- Going to a MADD Victim Impact Panel
2ND DUI
If it’s your second time receiving a DUI, the penalties may include any of the following:
- 3-15 days in jail and up to 12 months of probation
- 30 days (240 hours) of community service
- DUI Risk Reduction School (20 hours of class)
- Suspended driver’s license for 4-18 months (limited permit is sometimes available after four months, potential to drive with an ignition interlock device)
- Photo published in news
- $600-$1000 fine plus surcharges
- Clinical substance abuse evaluation and any recommended treatment
- Going to a MADD Victim Impact Panel
- Surrender license plate
3RD DUI
If it’s your third time receiving a DUI, the penalties may include any of the following:
- High and aggravated misdemeanor
- 15 days to 12 months in jail
- 30 days (240 hours) of community service
- DUI Risk Reduction School (20 hours of class)
- Minimum 2-year suspended driver’s license with no permit
- Photo published in news
- Habitual violator designation
- $1000-$5000 OK plus surcharges
- Clinical substance abuse evaluation and any recommended treatment
- Going to a MADD Victim Impact Panel
- Surrender license plate
FELONY DUI
Most of the time, being arrested for DUI is considered a misdemeanor offense. People deemed “habitual violators” stopped for a 4th DUI within ten years are charged with felony DUI. Felony DUI convictions carry very severe penalties, including:
- Minimum 90 days in jail and maximum of 5 years
- 60 days (480 hours) of community service
- DUI Risk Reduction School (20 hours of class)
- Suspended driver’s license with no permit
- $1000-$5000 fine plus surcharges
- Clinical substance abuse evaluation and any recommended treatment
- Going to a MADD Victim Impact Panel
- All other punishments associated with being a convicted felon
Avoid serious penalties of a DUI conviction by contacting our Georgia DUI lawyer as soon as possible. Contact us today.
Georgia DUI Lawyer FAQs
1. Who Can Be Charged With a DUI in Georgia?
Any person operating or in physical control of a vehicle in Georgia can be charged with DUI if their blood alcohol concentration (BAC) is 0.08% or higher, or if they are impaired by alcohol or drugs to the extent that it is unsafe to drive. For commercial drivers, the limit is 0.04%, and for drivers under 21, it is 0.02% under Georgia’s zero-tolerance law, including situations commonly referred to as a DUI in Georgia first offense. Because DUI laws are aggressively enforced, it is important to understand your rights early. A knowledgeable Georgia DUI lawyer or DUI lawyer Georgia can evaluate the facts of your stop and explain potential defenses.
2. What Happens After a DUI Arrest in Georgia?
After a DUI arrest, individuals typically face both administrative and criminal proceedings, including a possible license suspension hearing if requested within 30 days and court prosecution in municipal or state court. Penalties may include fines, probation, jail time, DUI school, and license suspension. A Marietta DUI attorney or experienced DUI defense attorney Georgia can help handle both the administrative license case and the criminal charge. Early involvement of a Georgia DUI attorney or Marietta DUI lawyer can be critical in protecting driving privileges and building a defense strategy.
3. How Long Does a DUI Case Take to Resolve in Georgia?
The timeline for a DUI case varies depending on court schedules, evidence complexity, and whether the case is resolved through plea negotiations or trial. Some cases may conclude in a few months, while others take a year or longer. Administrative hearings often move faster than criminal court proceedings. A Georgia DUI lawyer or Marietta DUI lawyer can help manage deadlines, filings, and court appearances while working toward the most efficient resolution possible.
4. Can You Refuse a Breath or Blood Test During a DUI Stop in Georgia?
Yes, but refusal carries serious consequences under Georgia’s implied consent law. Refusing a chemical test can lead to an automatic license suspension, separate from any criminal penalties. This is why legal guidance is important immediately after arrest. A DUI attorney Marietta GA or Marietta DUI attorney can help challenge both the stop and the administrative suspension process. In many cases, a DUI lawyer Marietta can also investigate whether law enforcement properly followed testing procedures.
5. Is It Possible to Expunge or Remove a DUI From Your Record in Georgia?
No. DUI convictions in Georgia cannot be expunged or removed from a criminal record, including both misdemeanor and felony convictions. This makes defending the case from the outset extremely important. In serious cases such as DUI manslaughter, a DUI manslaughter lawyer is often required due to the severe penalties involved. Working with an experienced Georgia DUI attorney or DUI lawyer Marietta can help individuals understand their options and pursue the strongest possible defense before any conviction occurs.
What Should I Do If I Get Stopped For A DUI?
Contact Our Georgia DUI Lawyer In Marietta Today
Because you have such a limited amount of time to contest your suspended license and the seriousness of DUI charges in Marietta, Georgia, you should call a criminal defense attorney as soon as you receive notice of your charge. If you or someone you know has been charged with a DUI, contact our team at Frye Law Group today to begin your defense.
PROTECT YOUR RIGHTS WITH AN EXPERIENCED MARIETTA DUI ATTORNEY
If you have been charged with a DUI in Marietta or the surrounding areas, it is crucial to have a skilled and knowledgeable DUI lawyer on your side. At Frye Law Group, our team of experienced attorneys specializes in DUI defense and is dedicated to protecting your rights and achieving the best possible outcome for your case.
Why choose our Marietta DUI lawyers:
- Extensive experience: Our attorneys have years of experience handling DUI cases in Cobb County, Bartow County, Cherokee County, Fulton County, Paulding County, and Douglas County.
- Expertise in DUI laws: We have in-depth knowledge of Georgia’s DUI laws and stay updated on any changes or updates to ensure the strongest defense strategy for our clients.
- Personalized approach: We understand that every DUI case is unique, and we take the time to thoroughly evaluate the specific circumstances surrounding your arrest to build a tailored defense strategy.
- Aggressive representation: Our team is known for our aggressive and tenacious approach to DUI defense. We will fight tirelessly to protect your rights and challenge any evidence or procedures that may have been conducted improperly.
Don’t face the complexities of a DUI case alone. Contact our Marietta DUI lawyers today to schedule a consultation and discuss your options.
Contact Frye Law Group today to schedule a FREE Case Evaluation with our DUI lawyer in Marietta, GA!
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REPRESENTING THOSE IN COBB, BARTOW, CHEROKEE, FULTON, PAULDING AND DOUGLAS COUNTIES.
Because you have such a limited amount of time to contest your suspended license and the seriousness of DUI charges in Paulding County Georgia, you should call a Marietta criminal defense attorney as soon as you receive notice of your charge.
If you or someone you know has been charged with a DUI, contact our office at Frye Law Group today to begin your defense.
Got a DUI? Call a Marietta criminal defense attorney today: 770-919-9525.
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