Marietta DUI Lawyer
DUI or DWI are serious offenses, but a DUI defense lawyer can defend you and help to remedy the situation, no matter what the circumstances of your charges are.
Working with Marietta DUI Lawyers
If you have been arrested for driving while under the influence in Georgia, you absolutely need a Marietta DUI attorney. Although it may seem like a simple case, a DUI is an extremely technical criminal offense with severe consequences. It is not something to ignore or take lightly, and it requires an attorney with specific knowledge and experience to combat the charges effectively.
A knowledgeable Marietta, Georgia, DUI Lawyer will be up-to-date on the most recent modifications to drug and alcohol laws and the consequences of each. Since the charges for any criminal conviction depend upon various aspects, such as previous convictions or arrests, you should retain counsel as soon as you are arrested.
Attorney Holly Waltman of The Waltman Firm offers skilled and knowledgeable counsel to help you assess your options.
When to Hire a DUI Lawyer Marietta GA
A DUI charge does not only refer to driving after consuming alcohol. You may also require a DUI Lawyer Marietta GA if you have been stopped while driving under the influence of any substance, including illegal drugs and non-prescription medications. We often are asked the question, “Can I be charged with a DUI if I was taking my prescription as directed by my doctor?” and the answer is yes, if your driving is affected, you can be charged with a DUI. What’s even worse is, if you decline to take a chemical test, your driver’s license will automatically be suspended for up to 12 months.
Marietta Municipal Court handles traffic offenses that occur within the city limits, including DUI. However, Marietta Municipal Court doesn’t conduct jury trials. In some cases, a jury trial is a good option to avoid a DUI conviction. If you are willing to pursue that option, your case will be sent to Cobb County State Court. A DUI in Marietta can be considered as one of the most serious prosecuted cases. If you think you don’t need Marietta DUI lawyers, know that an experienced DUI defense attorney can help you, even if you don’t contest your case.
DUI attorneys usually start building their case by getting all the facts regarding a DUI arrest. That includes field sobriety test experts, the report of a police officer who conducted the test, 911 calls, surveillance videos, and other information they may consider relevant to build a strong defense for your DUI case.
How a Marietta DUI Attorney Can Help You
The right Marietta DUI attorney understands that laws are complex and ever-changing and that each case has its own nuances. But, there are commonalities in the process of handling a DUI charge.
If you have been arrested for DUI or driving while impaired, you must request a hearing with the Department of Driver Services (DDS) within ten business days to avoid having your driver’s license automatically suspended if you have refused the state breath, blood, or bodily fluid test. The fee for reserving the hearing is $150. The penalty for failing to pay the DDS- Administrative License Hearing or ALS fee will result in the suspension of your driving privileges for up to 12 months.
DUI defense lawyers rarely recommend doing nothing regarding their driver’s license suspension action. There is another possibility: you can waive your right to an administrative hearing in your Marietta DUI case and agree to have an ignition interlock device installed in your vehicle.
Holly Waltman of The Waltman Firm has represented people through DDS- ALS hearings and DUI cases countless times. Learn more about the right Marietta DUI Lawyer here, and don’t hesitate to get representation in your case.
What Is a Cobb County DUI?
A Cobb County DUI occurs when your blood alcohol level is 0.08% or greater, just like a DUI in the rest of the state of Georgia. Depending on a road-side test or the detaining officer’s observations, you may be deemed a “Less Safe” driver. A DUI occurs when your blood alcohol level is 0.04% or greater. For a first offense, you may receive any of, or a combination of, the following penalties.
- Community service of no less than 40 hours
- Completing a risk reduction driving course (at your own expense)
- Pay for and attend an alcohol and drug evaluation
- Attend a MADD course
- Fine amounts of $300-$1000 plus local court costs
- Jail time up to 12 months
- Probation for up to 12 months per charge
- A Suspension of your driving privileges for up to 12 months ( for DUI)
Since any time you receive a conviction for driving while intoxicated in GA it affects your driving record, you should retain the services of a Marietta, Georgia, DUI Lawyer. A skilled counselor from a reputable law firm can advise you and help reduce the charges.
Hiring Cobb County DUI Lawyers for Multiple Offenses
Although hiring a DUI Lawyer Cobb County is always a wise choice, if you have already been convicted of one or more previous DUIs, it is imperative. With each DUI offense within a 10-year period, the charges and penalties increase.
A fourth arrest is charged as a felony with the following penalties:
- Fine amounts of up to $5000
- Jail time of up to five years
- A suspension of your driving privileges
- Felony status- revoking your right to vote, carry a firearm, etc.
For a comprehensive defense against these serious charges, consult a Marietta Georgia DUI Lawyer. The Waltman Firm will defend you and get the reduction, dismissal, or outcome you deserve.
Cobb County DUI Court FAQS
The Cobb County DUI Court is a voluntary, treatment-based program for those who have been found guilty multiple times for driving under the influence of drugs or alcohol. The Drug Treatment Court program uses counseling, treatment, and advanced supervision to help people work through the issues that contributed to their repeated offenses and become more stable members of their communities. The Cobb County DUI Court program generally lasts between 12 and 24 months. And while this option seems often better than jail time it is a very serious and tough course and you should consult with an experienced attorney before making a decision to enroll in the Cobb County DUI Court program.
To plan an effective defense strategy, you should retain a Marietta Georgia DUI Lawyer with experience in multiple practice areas, including vehicular homicide, misdemeanors, and felonies, drug charges, as well as DUI. This ensures that whatever your case may include, you will receive expert advocacy and representation.
How Long Does a DUI Stay on Your Record in Georgia?
If you have been convicted of drunk driving, you may wonder, “How long does a DUI stay on your record in Georgia?” Since a conviction of driving while impaired remains on your record for life, it is wise to retain legal counsel for even a first offense. It is noteworthy that a DUI charge in Marietta, Georgia is NOT eligible for the First Offenders Act or a nolo plea.
If you have received a prior drunk driving conviction within the past ten years, it is even more important to hire a Marietta Georgia DUI Lawyer if you are arrested for another offense. Your criminal history will be used to determine whether the DUI is a misdemeanor or a felony.
Hiring a Cobb County DUI Lawyer
There is a key reason why it is more important to retain the services of a Cobb County DUI lawyer in Georgia than it might be in other states. Most states will assign points to the license of a person found driving while intoxicated or under the influence. In Georgia, unless you request a hearing with the DDS within ten days, they will suspend your license instead if you have refused the state-administered test.
Although this rule is meant to protect pedestrians and other drivers, it does make life more challenging for those who are facing a DUI or DWI in GA.
An arrest for drunk driving is a significant offense that can have serious effects on your life. But don’t worry– an experienced Marietta DUI defense attorney like Holly Waltman can begin mounting your defense today. Contact us to schedule a consultation.