Marietta Criminal Defense Lawyers Serving Georgia

Driving Under the Influence (DUI)

A drunk driving conviction is costly and potentially takes away your driver’s license for a year, making DUI an extremely difficult offense to live with. You likely have one or more defenses available to fight the charges in court or negotiate a reduced charge. Whether it’s your first offense or you have multiple DUIs, we can help. Our firm handles felony DUI charges, Commercial DUIs, and even boating under the influence (BUI). Let us help you avoid the serious consequences of a DUI in Georgia.

Drug Trafficking and Drug Crimes

Georgia law imposes tough penalties on the possession, sale, trafficking, distribution and manufacturing of controlled substances. Drug trafficking charges are zealously pursued by law enforcement and district attorneys, making it essential to have an attorney who can present a smart, strong, strategic and effective defense.

Violent Crimes

From assault and battery to manslaughter and murder, Arca Law examines and challenges the evidence and presents all available defenses to keep the accused out of jail and free of the serious consequences of a conviction for assault or other violent crimes.

Theft and Property Crimes

We represent people charged with the full range of theft offenses in Georgia criminal law, from shoplifting to burglary and robbery. State statutes specifically spell out the elements of any given offense that must be proven beyond a reasonable doubt. We hold the prosecution to its burden, confronting witnesses and evidence and putting forth all applicable defenses.

Sex Offenses

Of all the crimes one can be accused of, sex offenses are the most sensitive and often the most difficult to deal with. Beyond criminal penalties, the accused faces damage to their reputation and personal relationships, and the possibility of lifetime registration as a sex offender. We take a strong approach to these charges, knowing that every defendant deserves fair treatment and competent representation.

What to Do if Pulled Over for DUI in Georgia

If you’re pulled over for suspected DUI (Driving Under the Influence) in Georgia, it’s important to know your rights and how to handle the situation to protect yourself. DUI charges can have serious consequences, including jail time, hefty fines, and license suspension, which is why your response during a traffic stop is critical. Below are key steps to take if you find yourself in this situation in Marietta or elsewhere in Georgia. For specific advice and representation tailored to your unique circumstances, contact Arca Law for immediate help from a skilled and experienced Marietta DUI defense attorney.

Stay Calm and Comply with Instructions

When you notice the police lights flashing behind you, remain calm and safely pull over to the side of the road. Turn off your engine, roll down your window, and place your hands on the steering wheel. This shows the officer that you are cooperative and not a threat. Avoid sudden movements and follow the officer’s instructions carefully.

Be Polite but Reserved

You must provide your driver’s license, vehicle registration, and proof of insurance when asked. However, remember that you are not required to answer any incriminating questions. If the officer asks whether you’ve been drinking or where you’re coming from, you have the right to remain silent. A simple response such as, “I prefer not to answer that,” is appropriate.

Know Your Rights Regarding Field Sobriety Tests

In Georgia, police officers often ask drivers to perform field sobriety tests if they suspect DUI. These tests include walking in a straight line, standing on one leg, or following a light with your eyes. You are not legally required to perform these tests, and it’s often best to politely decline. Field sobriety tests are highly subjective, and even sober individuals can fail them due to nerves or physical conditions.

Understand the Implied Consent Law

Georgia has an “implied consent” law, which means that by driving on Georgia roads, you have already consented to chemical tests (such as breath, blood, or urine tests) to determine your blood alcohol concentration (BAC) if lawfully arrested for DUI. Refusing these tests can lead to an automatic license suspension of up to one year and can be used against you in court. However, in certain situations, refusal may still be a strategic decision, especially if you suspect the test will show a high BAC. In other words, you have the right to refuse the test, but there will be consequences.

Be Aware of the Consequences of Refusing a Breath Test

If you are asked to take a breathalyzer test at the scene of the stop, you can refuse the test. However, refusing a roadside breath test may still lead to an arrest if the officer has other reasons to believe you are intoxicated. After arrest, refusing the more formal chemical tests can trigger penalties, including license suspension and negative implications during your case. It’s important to weigh your options, and having a DUI defense attorney on your side after the fact can make a significant difference.

Do Not Resist Arrest

If the officer decides to arrest you for DUI, do not resist. Resisting can lead to additional charges, such as obstruction of justice. Stay calm, comply with the officer’s instructions, and remember that you will have the opportunity to contest the arrest later with the help of an attorney.

Contact a DUI Defense Attorney Immediately

After a DUI arrest, it is crucial to contact a knowledgeable criminal defense attorney as soon as possible to keep your license and position yourself for the best outcome in your case. DUI charges in Georgia carry severe penalties, and the sooner you have legal representation, the better your chances of achieving a favorable outcome. At Arca Law, we understand the intricacies of DUI laws and are here to protect your rights and fight for your freedom.

Why You Need a Lawyer for a DUI in Marietta, Georgia

Being charged with a DUI (Driving Under the Influence) in Georgia is a serious matter that can lead to harsh consequences, including driver’s license suspension, hefty fines, and even jail time. If you find yourself facing DUI charges, it’s critical to understand that the legal process is complex, and attempting to work your way through it alone can result in devastating outcomes. Retaining an experienced DUI defense attorney can make a significant difference in your case. For help with drunk driving charges in Cobb County and surrounding areas, contact Arca Law for advice and representation from an experienced and successful Marietta DUI defense lawyer.

Georgia’s DUI Laws Are Strict

Georgia has some of the toughest DUI laws in the country. If your blood alcohol concentration (BAC) is .08% or higher, you could be charged with a DUI. For drivers under the age of 21, the threshold is even lower at .02%. You could also be charged with DUI for being under the influence of alcohol or drugs “to the extent that it is less safe” to drive, and any amount of a controlled substance, even marijuana, is sufficient for a DUI.

The stakes in a DUI case are high because Georgia district attorneys aggressively prosecute DUI offenses. Without an attorney on your side looking out for you, you risk facing the maximum penalties, which can have long-lasting consequences on your personal and professional life. An attorney who understands local DUI laws and court procedures can help mitigate these risks and avoid those penalties.

The Immediate Consequences of a DUI Conviction

A DUI conviction can lead to a range of penalties, and the penalties escalate if you have prior DUI convictions or if your BAC is exceptionally high. Georgia’s laws also allow for severe penalties for drug-related DUI offenses, even if the drugs are prescription medications. A DUI conviction in Georgia can result in the following:

• Fines: Convicted drivers face steep combined fines, ranging from hundreds to thousands of dollars.
• Jail Time: Depending on the circumstances, you could spend time in jail, even for a first offense. DUI convictions come with mandatory jail time, including anywhere from 24 hours to 12 months on a first offense.
• License Suspension: You could lose your driving privileges for months or even a year, making it difficult to maintain employment and handle daily responsibilities.
• Probation and Community Service: Courts may impose probation and mandatory community service.
• Ignition Interlock Devices: Repeat offenders are often required to install an ignition interlock device on their vehicle, which can be both costly and inconvenient.

A conviction will also stay on your record, making it difficult to secure employment, housing, or professional licenses. In some cases, your insurance premiums could skyrocket or your coverage could be canceled altogether.

How a DUI Lawyer Can Help

Hiring a DUI attorney is essential for several reasons. Here’s how the team at Arca Law can help you:

1. Knowledge of DUI Laws and Court Procedures
   DUI laws are nuanced, and the legal process can be confusing, especially for first-time offenders. A skilled lawyer will know how to analyze your case, scrutinize the evidence, and ensure that your rights are protected. They understand local court rules, procedures, and the tactics that prosecutors use, which can be invaluable when crafting a defense strategy.
2. Examining the Arrest and Evidence
   DUI cases rely heavily on the results of officer observations, field sobriety tests, breathalyzers, and blood tests. A qualified attorney will investigate whether these tests were administered properly. If law enforcement made errors, such as failing to calibrate a breathalyzer correctly or conducting an improper traffic stop, your lawyer may be able to have crucial evidence suppressed. Without this evidence, the prosecution may not be able to prove your guilt beyond a reasonable doubt.
3. Negotiating Plea Deals
   In some cases, your lawyer may be able to negotiate a favorable plea deal that reduces the charges against you, minimizes penalties, or avoids a conviction altogether. They can also work to ensure that any penalties you face, such as community service or DUI classes, are as manageable as possible.
4. Challenging License Suspension
   If your driver’s license has been suspended following a DUI arrest, you may be able to challenge the suspension at a hearing. Your attorney can represent you in this process and work to retain your driving privileges, potentially allowing you to continue driving to work, school, or medical appointments.
5. Minimizing Long-Term Consequences
   Beyond the immediate penalties, a DUI conviction can haunt you for years. A criminal defense attorney will work to avoid a conviction or seek to reduce charges, protecting your record and your future. In some cases, a lawyer can also help with expungement, allowing you to clear your record after meeting certain conditions.

Don’t Face a DUI Charge Alone

Facing DUI charges in Georgia without an attorney puts you at a significant disadvantage. Arca & Associates has extensive experience defending individuals against DUI charges in Marietta and throughout Cobb County and beyond. Our firm is committed to fighting for the best possible outcome in your case, whether that means negotiating a plea deal, challenging the evidence, or taking your case to trial. Contact us today at 770-800-8100 for a free consultation and learn how we can help you defend your rights and protect your future.

Serving Throughout Georgia

• Acworth
• Alpharetta
• Atlanta
• Austell
• Brookhaven
• Chamblee
• Doraville
• Duluth
• Kennesaw
• Lawrenceville
• Lilburn
• Marietta
• Norcross
• Smyrna
• Suwanee
• Carroll County
• Cherokee County
• Cobb County
• DeKalb County
• Forsyth County
• Gwinnett County
• Paulding County
• East Cobb
• Whitlock Heights
• Indian Hills
• Historic Marietta Square
• Highland Pointe
• Windsor Oaks
• Somerset
• City of Marietta/West Side
• Chimney Springs
• Lee’s Crossing

A No-Nonsense Approach to Client Relationships

At Arca Law, we pride ourselves on being honest and straightforward with our clients at all times. Alejandro Arca is upfront with clients about their legal situation, providing a clear and realistic assessment of their case. We don’t tell clients what they want to hear; we tell them the truth, empowering them to make informed decisions about their future.

We also understand the emotional toll that criminal charges can take. Attorney Arca listens to each client’s story with compassion and empathy, ensuring they feel supported and understood throughout the legal process.

Why Choose Arca Law?

• Proven Trial Experience: Alejandro Arca is not afraid to go to trial. He fights aggressively for his clients’ rights, both in and out of the courtroom.
• DUI Expertise: Attorney Alejandro Arca has extensive training and experience in defending DUI charges, and he is prepared to take cases to trial when necessary. He understands the complexities of DUI law and uses that knowledge to challenge evidence, procedures, and testing methods to secure the best possible outcome for his clients.
• With specialized DUI training, Attorney Arca is uniquely qualified to challenge DUI charges, from field sobriety tests to breathalyzer results.
• Local Knowledge: Our deep understanding of Georgia law and the local court systems in Cobb, Gwinnett, DeKalb, and surrounding counties helps us provide targeted, strategic defense.
• Personalized Attention: We treat every case as unique, tailoring our defense strategies to fit each client’s specific circumstances.

Contact a Marietta Criminal Defense Lawyer at Arca Law Today

If you or a loved one are facing criminal charges in Cobb County or the surrounding areas, don’t wait to seek help. Contact Arca Law today at 770-800-8100 for a free consultation. We’ll review your case, discuss your options, and start building a strong defense.

From our offices in Marietta, Norcross, and Atlanta, we serve clients in communities all around the Atlanta metro, including Cobb, Gwinnett, DeKalb, Forsyth, Cherokee, and Paulding counties and beyond.

Call Arca Law now at 770-800-8100 or fill out our online contact form to schedule your free consultation. Let our Marietta criminal defense attorneys help you tackle the challenges ahead with confidence, experience, and determination.