Experienced Marietta GA Felony DUI Lawyer at Frye Law Group img

Experienced Marietta GA Felony DUI Lawyer at Frye Law Group

Marietta GA Felony DUI Attorney At Your Service

Anytime you’re arrested for driving under the influence (DUI) of alcohol, marijuana, or other drugs, you’re facing an uphill battle against a prosecution that started building a case against you the moment you were pulled over. That is undoubtedly intimidating for anyone facing DUI charges, especially for those accused of a felony offense. 

Facing a felony DUI charge in Marietta, GA, stirs a whirlwind of emotions; the uncertainty, the fear of severe consequences, and the vulnerability of one’s future rest heavily on an individual’s shoulders. 

Whatever the circumstances of your felony DUI arrest, having a knowledgeable DUI lawyer in Marietta can be beneficial to the outcome of your case. Here at Frye Law Group, we are ready to defend your rights and freedoms without hesitation. We have a deep understanding of the law and the local courts, providing hope to those facing serious DUI charges.

What Is Considered a Felony DUI in Marietta, GA

When you face felony DUI charges in Marietta, Cobb County, the stakes are high, and the effects are far-reaching. 

Under Georgia DUI laws (§ 40-6-391), a person can be charged with DUI if their blood alcohol concentration (BAC) is over the legal limit (0.08% or higher) or if they are under the influence of any controlled substance or drug, including marijuana. DUI charges can be brought even if the person’s blood alcohol level is under the legal limit, but they are considered that it is less safe for that person to drive. 

Typically, the first and the second DUI offenses are considered misdemeanors. The third offense is usually a misdemeanor of a high and aggravated nature, and the fourth or subsequent offenses within ten years are considered felonies.

But, a DUI charge can rise to a felony under certain conditions, such as the following:

  • The incident results in serious injury or death, regardless of the number of prior offenses.

  • The driver has prior felony DUI convictions.

  • Drivers who were labeled “habitual violators” if caught driving under the influence.

Furthermore, people who have two DUI convictions but have a child under 14 in the car at the time of their third DUI offense can also be charged with felony DUI. This specific situation results in two separate DUI charges—one for driving while impaired and one for doing so while endangering a child.

Potential Penalties for a Felony DUI

The state of Georgia already has a reputation for harshly punishing first-time and second-time DUI offenders. But, the penalties for felony offenders are significantly more severe. Felony DUI penalties vary depending on the circumstances of the offense and the court’s discretion, but may include:

  • Prison time up to 5 years

  • Fines up to $5,000

  • DUI Risk Reduction Program (RRP) courses 

  • Community service (up to 480 hours)

  • MADD Victim Impact Panels

  • Georgia driver’s license suspension for ten years

  • Vehicular impoundment

  • Confiscation of your license plate

Impact of a Felony DUI on Your Life

A felony DUI conviction in Marietta does not merely end with legal penalties. It can also affect employment opportunities. While a DUI conviction probably won’t eliminate you as a potential job candidate, it can make it more difficult to get certain jobs depending on several factors, such as:

  • The seriousness of the DUI offense

  • Company policy

  • The nature of the position you are applying for

  • The completion of rehabilitation programs

Our Cobb County DUI lawyers at Frye Law Group will strive to protect you from these consequences and work hard to defend your rights and livelihood.

Key Defense Strategies for Felony DUI Charges

After a DUI arrest, consulting a skilled Marietta DUI lawyer equipped to craft a robust defense is not merely a recommendation—it is amongst the most significant decisions one can make.

Mounting a successful defense against felony DUI charges requires a strategic approach tailored to the unique circumstances of each case. Our experienced legal team at Frye Law Group explores a range of defenses, including:

  • Challenging Evidence: Scrutinizing the evidence is crucial to building a strong defense. Our DUI defense attorney will meticulously examine factors such as the validity of field sobriety tests, the accuracy of blood or breath test results, and the lawfulness of the arrest.
  • Illegal Stops and Searches: If law enforcement violates constitutional rights during a stop or search, the unlawfully obtained evidence can be excluded from the case.
  • Medical Conditions: Some medical conditions can mimic the symptoms of intoxication. Our Marietta DUI attorneys can explore potential medical explanations that may impact the reliability of the prosecution’s case.
  • Inaccuracies in Police Reports: Police reports are not infallible. Reviewing these documents to identify inaccuracies or inconsistencies could be pivotal in building a defense.

Dealing with severe DUI charges demands a strong legal plan and a deep understanding of DUI laws. Furthermore, social media has become a powerful resource in DUI cases, so understanding its nuances can be crucial when crafting a DUI defense strategy.

Navigating the Legal Process with Frye Law Group

If the Marietta Police Department arrests an individual for DUI outside the city limits, the case will most likely be initiated at Cobb County State Court. However, the case will most likely be initiated at the Municipal Court if the offense occurs within city limits.  

However, the jurisdiction of the Marietta Municipal Court is limited to misdemeanor offenses, so those charged with a felony DUI will have to appear in Cobb County Superior Court.

Navigating DUI cases often requires help from an experienced Marietta DUI lawyer and legal team with specific skills sharpened through years of dedicated legal practice. Our goal at Frye Law Group is to help you navigate the complexities of the process together and support you every step of the way. 

Marietta DUI Court and Alternative Sentencing

Certain individuals might be eligible for the DUI Court program, which focuses on rehabilitation through a structured and supportive framework. It’s a voluntary Cobb County State Court rehabilitation program for those convicted of DUI multiple times.

Applicants must have been charged with their second DUI offense in ten years or third or more in a lifetime to be eligible. This treatment-based program offers a potentially less punitive route committed to helping participants reintegrate into the community.

Unfortunately, other alternative sentencing options are very limited in Georgia DUI cases. Our experienced Marietta DUI lawyers strive to understand your unique situation and leverage these sentencing alternatives, when available, to help mitigate the consequences of a DUI charge.

Contact Frye Law Group

We understand how daunting the legal journey can be, especially when facing a felony DUI charge. But, with the right legal representation and skilled Marietta DUI attorney at their side, individuals can assert their rights and work towards the most favorable possible outcome. 

At Frye Law Group, we believe everyone deserves a chance for defense. We use our experience and commitment to justice to provide robust defenses against serious DUI charges in Marietta, Georgia.

We offer:

  • Free case evaluation to discuss your case

  • Strategic planning tailored to your unique situation

  • Transparent dialogue about potential outcomes

Contact us today, and let’s navigate the complexities of DUI defense together.

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