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DUI Defense

Marietta 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 an attorney as soon as you receive notice of your charge.

A former prosecutor and lifelong advocate for justice, Kim Frye has years of experience defending Cobb County residents against DUI charges. If you or someone you know has been charged with a DUI, contact our office at Frye Law Group today to begin your defense.


Are you facing a DUI charge in Georgia? Call Frye Law Group today at (770) 637-4555 or contact us online to schedule a meeting with our DUI defense attorney in Marietta!


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 Cobb County, 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 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).

The 30-day DUI letter

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.


Contact Frye Law Group today to start your defense with our DUI lawyer in Marietta!


 

What are the penalties For a DUI in Georgia?

1st Time Receiving A DUI

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)
  • $300-$1000 fine plus surcharges
  • 12 months of probation
  • At least 40 hours of community service
  • Suspended driver’s license (limited permit is sometimes available, potential to drive with an ignition interlock device)
  • Clinical substance abuse evaluation and any recommended treatment
  • DUI Risk Reduction School (20 hours of class)
  • 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
  • $600-$1000 fine plus surcharges
  • 30 days (240 hours) of community service
  • Clinical substance abuse evaluation and any recommended treatment
  • DUI Risk Reduction School (20 hours of class)
  • Going to a MADD Victim Impact Panel
  • Suspended driver’s license for 4-18 months (limited permit is sometimes available after four months, potential to drive with an ignition interlock device)
  • Surrender license plate
  • Photo published in news

3rd DUI 

If it’s your third time receiving a DUI, the penalties may include any of the following:

  • High and aggravated misdemeanor
  • Habitual violator designation
  • 15 days to 12 months in jail
  • $1000-$5000 OK plus surcharges
  • 30 days (240 hours) of community service
  • Clinical substance abuse evaluation and any recommended treatment
  • DUI Risk Reduction School (20 hours of class)
  • Going to a MADD Victim Impact Panel
  • Minimum 2-year suspended driver’s license with no permit
  • Surrender license plate
  • Photo published in news

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
  • $1000-$5000 fine plus surcharges
  • 60 days (480 hours) of community service
  • Clinical substance abuse evaluation and any recommended treatment
  • DUI Risk Reduction School (20 hours of class)
  • Going to a MADD Victim Impact Panel
  • Suspended driver’s license with no permit
  • All other punishments associated with being a convicted felon

Contact Our Marietta DUI Attorney today

Because you have such a limited amount of time to contest your suspended license and the seriousness of DUI charges in Cobb County, Georgia, you should call an 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.


Contact Frye Law Group today to schedule a FREE consultation with our DUI defense lawyer in Marietta!


 

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What Our Clients Are Saying About Us

"She got my charge reduced to reckless driving and since I had gotten all my requirements done, reduced fine and no probation! Kim is AWESOME!"

- Former Client
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