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Experienced DUI Lawyer Marietta, GA: Frye Law Group

Charged With DUI? A DUI Attorney in Marietta, GA, May Be of Assistance

Imagine the sinking feeling of seeing red and blue lights flashing in your rearview mirror after you’ve had a few drinks in the bar and are headed home. Georgia has strict DUI laws, so the ensuing legal battle can be intimidating and complex. It demands robust defense strategies and comprehensive knowledge of the state’s legal system.

Facing DUI charges in Marietta carries serious consequences, such as harsh fines, license suspension, and potential jail time. But it’s not just about the immediate penalties; a DUI conviction can also have long-lasting effects on your employment and personal freedoms.

Fortunately, there are dedicated professionals committed to defending the rights of individuals accused of DUI. Consider turning to an experienced DUI lawyer in Marietta who can navigate the complexities of your case and explore every avenue to protect your future.

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.

Understanding DUI Charges in Marietta, GA

We hear the term “DUI” thrown around often, but what does it truly encompass in Marietta, Georgia? DUI, or driving under the influence, is a serious offense. It’s defined as operating a vehicle while impaired by alcohol or any amount of drugs, including prescription medications and marijuana.

Georgia BAC Limits

A person is typically charged with DUI “per se” when their blood alcohol concentration (BAC) is 0.08% or higher. However, individuals can also be charged if they are found to be impaired at a lower BAC level, especially if their ability to drive safely is compromised by the effects of alcohol or drugs.

BAC limits in Georgia are the following:

  • Drivers over 21 – 0.08%
  • Commercial Vehicle Drivers – 0.04%
  • Drivers Under 21 – 0.02%

Courts often rely on results from a breathalyzer or other chemical tests in DUI cases. Refusing such tests can invoke implied consent laws, resulting in immediate Georgia driver’s license suspension.

The Consequences of a DUI Conviction

A DUI conviction in Marietta can have serious and long-standing implications. Immediate penalties can include jail time, hefty fines, and mandatory community service. Attendance at a DUI school, certified by the Georgia Department of Driver Services, is often another consequence.

Moreover, convictions lead to a criminal record, which can hinder employment opportunities and cause insurance rates to skyrocket. A suspended driver’s license is yet another hurdle offenders face, significantly impacting their driving ability.

Potential penalties for the first DUI can include the following:

  • Jail – From 24 hours up to a year of jail time
  • Fines – $300 to $1,000
  • Probation – 12 months
  • Community Service – At least 40 hours
  • Completion of a DUI School (also known as DUI Alcohol or Drug Use Risk Reduction Program)
  • Criminal Record – DUI offense stays on your criminal record in Georgia forever
  • Clinical evaluation for substance abuse and any recommended treatment
  • Going to a MADD Victim Impact Panel

After the first DUI conviction, drivers also face a 12-month driver’s license suspension. A limited permit may be available for some drivers.

Special Considerations in DUI Cases

Certain Georgia DUI cases warrant specific attention. For instance, drug-impaired driving can pose distinct challenges due to the intricacies of proving impairment.

If a police officer suspects the driver is under the influence of marijuana or other drugs, a blood test may be administered. However, according to the National Highway Traffic Safety Administration (NHTSA), traces of marijuana can stay in your system much longer than alcohol, resulting in driving under the influence charges. That’s why Marijuana DUI offenses warrant different defense strategies.

When discussing second DUI offenses, we must acknowledge the heightened penalties. The drivers have to spend at least 72 hours in jail, and if the offense happened within five years after the first, their driver’s license will be suspended for three years. The significance of a robust defense strategy cannot be overstated.

Finally, drivers under 21 must comply with Georgia’s zero-tolerance laws, facing DUI charges at lower BAC levels than the general population.

Each Marietta DUI case is unique. Understanding the charges, potential penalties, and specific variables that can affect a defense is fundamental to navigating the legal landscape of DUI offenses.

Navigating the DUI Legal Process in Marietta, GA

After your DUI case formally begins, it’s important to understand how the legal process goes and the role of a skilled Marietta DUI attorney in defending your rights.

  • Arrest and Booking: Once arrested for a DUI, you’ll be processed by the authorities. 

  • Arraignment: You will appear in court and learn the official charges against you. Pleading not guilty can give a skilled Marietta DUI lawyer time to review your case and the evidence against you.

  • Pre-trial Motions and Hearings: Marietta DUI lawyers can use different motions to challenge the state’s evidence or call for its dismissal. 

  • Plea Bargaining: Negotiation can sometimes reduce charges or penalties. A DUI defense attorney can offer legal advice to achieve a favorable outcome.

  • Trial: If the case goes to trial, all evidence is presented to either a judge or a jury. DUI attorneys intricately prepare for this stage to effectively represent your interests.

  • Sentencing: Upon a conviction, sentencing follows. DUI defense attorneys strive to advocate for leniency based on case specifics.

  • Appeal: If the trial’s outcome is unsatisfactory, filing an appeal may be an option. A criminal defense attorney experienced with appeals can assess the trial process for any legal errors.

Furthermore, in addition to criminal court, everyone arrested for a DUI in Cobb County, Georgia, also has to appear in civil court, where it will be determined whether their driver’s license will be suspended. That is known as an Administrative License Suspension hearing (ALS). You have 30 days after a DUI arrest to request an ALS hearing and appeal your license suspension. If you don’t, your license will automatically be suspended.

Each step of this process can impact the pursuit of justice. While the road is filled with legal nuances, navigating it becomes less daunting with the help of experienced Marietta DUI attorneys.

Frye Law Group’s Approach to DUI Defense

Navigating the complexities of a DUI charge requires not just legal knowledge but a deep understanding of individual circumstances. In situations where every decision matters, having a skilled legal ally can make all the difference.

At Frye Law Group, we craft our defenses with precision, ensuring the individual nuances of your case are at the forefront of our strategy.

We believe each DUI case is as unique as the individual facing the charge. Our attorneys leverage a comprehensive understanding of DUI defense to build tailored strategies that reflect your specific situation.

Factors we consider include:

  • The details of the arrest.
  • The manner of evidence collection.
  • Any procedural errors that could impact the validity of the DUI charges.

By doing so, we emphasize the importance of early intervention by a Marietta DUI lawyer who can immediately begin challenging the charges against you.

Why Choose Us for Your DUI Case

We at Frye Law Group understand the stakes and stress that accompany a DUI charge.

Here’s what our Marietta DUI lawyers offer:

Extensive experience: Our accessibility to residents of Smyrna, Kennesaw, and Powder Springs—as well as the broader Metro Atlanta area—enables prompt and strategic legal response to DUI arrests and related offenses, such as reckless driving or vehicular manslaughter.

Personalized approach: Our firm steers clear from threadbare promises; instead, we arm our clients with formidable, tailored defenses. Moreover, we don’t just defend; we prioritize the care of our clients, ensuring you feel supported throughout the process.

Aggressive representation: By choosing us, you’re not merely selecting a DUI lawyer; you’re opting for a team attuned to the nuances of Georgia DUI law and dedicated to preserving your rights.

Arrested for DUI? Contact Our Experienced Marietta DUI Lawyer

Each second following a Marietta DUI arrest can shape the outcome. With offices located in the historic heart of Marietta, GA, Frye Law Group has become a cornerstone for legal defense against DUI charges.

The potential of heavy fines, strict probation terms, and incarceration underscore the gravity of a competent defense.

Contact us today; your initial step towards navigating a DUI case starts with a free consultation.

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