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.
Contact Holly
holly@thewaltmanfirm.com
770.285.7422
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 DUI charges effectively.
A knowledgeable and skilled Marietta DUI attorney 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 from a DUI defense lawyer as soon as you are arrested.
Attorney Holly Waltman of The Waltman Firm offers skilled and knowledgeable counsel to help you assess your options. We have experienced Marietta DUI attorneys with remarkable experience in DUI arrest cases. Our experienced lawyers will help you with the DUI investigation and prepare a defense strategy to expunge your charges.
Feel free to give us a call on our official number or visit our law office.
Why You Should Hire Marietta DUI Lawyer
Even if you are a first-time offender, If you have committed a DUI offense, you may face severe penalties. This is why you need an experienced Marietta DUI Attorney who can represent your case in Marietta Municipal Court and help you expunge your DUI charges.
A DUI offense is not only about speeding or reckless driving; there are many other DUI cases that can lead you to penalties, such as 40 hours of community service, fines, drug counseling, and even TEN days in jail.
According to DUI Law, the severity of penalties can increase further after the second and especially after the third or subsequent DUI convictions. So, after DUI arrests, you won’t be able to deal with everything all alone. A minor mistake in a DUI Trial can spoil your future as well. In this situation, an experienced DUI attorney will help you with a strong DUI defense strategy to defend your case in court.
The Waltman Firm has the best attorneys experienced in Georgia DUI Cases to help you assess your options. Give us a call to book a consultation with our Marietta DUI attorneys.
When to Hire a DUI Lawyer in Marietta GA
A DUI charge does not only refer to driving after consuming alcohol. You may also require a DUI defense lawyer Marietta GA if you have been stopped while driving under the influence of any substance, including illegal drugs and non-prescription medications. We are often asked the question, “Can I be charged with 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 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.
What Is Implied Consent Law in Georgia?
Georgia’s implied consent law means the state considers driving on its roadways a privilege, not a right. In other words, everyone with a Georgia driver’s license has given what’s called implied consent to submit to a breathalyzer test if requested by a Cobb County police officer.
However, drivers should be aware they have the right to refuse a roadside breathalyzer test. But that will most likely result in a DUI arrest and a trip to the local police station, where the driver will be asked to submit to the in-station breathalyzer. Bear in mind that police officers have to read the exact language of the implied consent notice immediately upon DUI arrest. That means the officer claims you are driving under the influence and must submit to a required test.
Refusing to submit to the in-station breathalyzer or a chemical test will result in an implied consent violation and an automatic driver’s license suspension.
The Court Process for a Cobb County DUI
Marietta Police Department and Marietta Municipal Court handle traffic offenses that occur within the city limits, including DUI. So, if you committed a traffic offense inside the city limits of Marietta, you may have to appear at the Marietta Municipal Court. 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.
If your offense occurred outside the city limits of Marietta, GA, your case will probably end up at Cobb County State Court as well. Those who are charged with a felony DUI in Marietta will be expected to appear in Cobb County Superior Court.
Being arrested for DUI and facing a Marietta DUI charge can be stressful enough without worrying as to which court you have to go to for a hearing. But, you don’t have to worry; our Marietta DUI lawyers have experience in navigating Cobb County court processes.
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.
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.
Services Available at Cobb County State Court
The Cobb County State Court handles a wide range of legal matters crucial for county residents. For traffic violations, the court processes cases including speeding tickets, red light violations, and improper lane changes. Misdemeanor cases heard here include simple assault, petty theft under $1,500, and first-time DUI offenses. The court also manages civil disputes with claims up to $25,000, including contract disagreements and property damage cases.
Specialized divisions within the court include the DUI Court Program and the State Court Drug Treatment Program. The court provides interpreters for non-English speakers and accommodations for individuals with disabilities. All court sessions are open to the public, though some sensitive cases may have restricted access. The courthouse is equipped with modern technology for virtual hearings and electronic filing systems, making it more accessible for Marietta residents.
Potential Penalties for DUI in Marietta
In Marietta, a DUI conviction can result in severe consequences. Fines typically range from $300 to $1,000, but court costs and surcharges often push the total higher. License suspension is a common penalty, with first-time offenders facing a suspension of up to one year. Jail time is also a possibility, ranging from 10 days to 12 months depending on the severity of the offense.
Beyond the immediate legal consequences, a DUI conviction can significantly impact future employment opportunities and result in skyrocketing insurance premiums, often increasing by as much as 80% or more. It’s crucial to understand these potential penalties to navigate your legal options effectively.
How an Experienced Marietta DUI Lawyer 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), also referred to as the ALS hearing, 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 attorney here, and don’t hesitate to get representation in your case.
What Is a Cobb County DUI?
A DUI in this county 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 roadside 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 every 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, criminal defense 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 Defense Lawyer in 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.
The second drunk driving conviction carries from 90 days to one year in jail, between $600-$1,000 in fines, and a minimum of 30 days of community service. For the third offense within ten years, penalties include 120 days to a year of jail time and fines from $1,000 to $5,000.
Bear in mind that a DUI offender has to spend at least 24 hours in jail for a first offense. Every subsequent offense demands a longer time of actual incarceration. That means, for a second offense, an individual would have to spend 72 hours in jail, and for a third offense – 15 days.
Can a DUI be Charged as a Felony?
Yes. 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.
All DUI offenders will be placed on probation. Although conditions of probation can be different, DUI probation usually requires that offenders complete treatment recommendations and a substance abuse evaluation, as well as have an ignition interlock device installed in their vehicle.
In addition to consequences related to the drunk driving conviction, a DUI offense also carries license suspension consequences. The second offense can result in a three-year-suspension of a Georgia driver’s license, while the third carries five years of driver’s license suspension.
Depending on the circumstances, drivers may also face elevated DUI charges from a misdemeanor to a felony if they try to evade a police officer while under the influence or if they cause death or severe injury to another person while driving under the influence.
For a comprehensive defense against these serious DUI charges, consult an Alpharetta criminal lawyer. The Waltman Firm will defend you and get the reduction, dismissal, or outcome you deserve.
What To Do If You’re Arrested for DUI in Marietta
Step 1: Exercise Your Right to Remain Silent
After being pulled over, provide your license, registration, and insurance when requested. Beyond that, respectfully decline to answer questions about where you’ve been or what you’ve consumed. According to a 2022 study, nearly 67% of DUI convictions involve self-incriminating statements.
Step 2: Understand the Breathalyzer Decision
You have the right to refuse roadside breathalyzer tests, though this will likely result in arrest. For the mandatory in-station test, refusing carries automatic license suspension consequences. Document the exact time of test administration.
Step 3: Contact an Attorney Immediately
Make this your first call from the station. Early attorney involvement can preserve crucial evidence and protect your rights during questioning. Don’t discuss your case with cellmates or officers.
Step 4: Request an ALS Hearing Within 10 Business Days
This critical deadline cannot be missed. The $150 hearing reservation fee is negligible compared to the potential 12-month license suspension you face without it.
Step 5: Document Everything
As soon as possible, write down every detail of the arrest: officer interactions, field sobriety test conditions, and any medical conditions that might have affected your performance. Memory deteriorates rapidly after stressful events.
Hiring a Cobb County DUI Lawyer
There is a key reason why it is more important to retain the services of DUI lawyers 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 Cobb County DUI lawyer like Holly Waltman can begin mounting your defense today. Contact us to schedule a consultation.
Contact Our Skilled Marietta DUI Lawyer
If you have been charged for a Marietta DUI arrest and are looking for legal advice to assess your options, consult with our experienced DUI prosecutor, who is ready to help you out. Our DUI defense attorneys will assess your case, provide the best legal advice, and help you get free from the charges. To proceed with your case, call us or visit our law office to book consultation.
Cobb County State 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. This Court program generally lasts between 12 and 24 months. And while this option often seems better than jail time, it is a very serious and tough course, and you should consult with an experienced Georgia attorney before making a decision to enroll in this DUI Court program.
To plan an effective defense strategy, you should retain a Marietta Georgia DUI Attorney with experience in multiple practice areas, including vehicular homicide, misdemeanors, and felonies, drug charges, as well as DUI in Georgia. 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, Criminal Defense 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.
Is It Worth Getting A Lawyer For A DUI?
A DUI conviction isn’t something that can be neglected. It is a serious crime with severe punishments that can greatly influence your whole life. If you have committed a DUI crime, it is best to consult with Marietta DUI lawyers to assess your options. An experienced attorney will not only help you get free from your charges but also help you expunge your criminal records for a worry-free future.
Do DUI Lawyers Take Payments?
Yes, DUI lawyers take payment for their work. Although, the price couldn’t be firm for every client because the consequences and facts of cases vary. If you are facing a Marietta DUI arrest, feel free to give The Waltman Firm a call. We offer reasonable payment plans to all our clients and accept all major credit cards.
How Can DUI Lawyers Help You With Plea Deals?
If you can do anything to improve your case, the state is willing to reduce your sentence. It’s common for plea deals during the first conviction, so your lawyer could suggest that you made a small mistake and that you don’t have a second mistake when. In general, plea deals involve an indictment and consequences. In some circumstances, this may require a fine or community service. An experienced DUI attorney will meet with the prosecution to determine the best outcome. If you don’t get a plea agreement from a DUI lawyer, he’ll have to go to trial.
Can I Handle The License Suspension Hearing Myself In My Marietta DUI Case?
A DUI citation in Georgia is a very complicated question that even many non-lawyers do not understand. We strongly encourage you to contact a DUI defense attorney. Remember the suspension hearing will take place within 30 days of the arrest and must go through the Georgia Department of Driver Services. The facts about your case and previous criminal history make driving more complex for a driver to discuss here.