Switch to ADA Accessible Theme
Close Menu
Marietta Criminal Defense Lawyer / Marietta DUI Defense Lawyer

Marietta DUI Defense Lawyer

If you’ve been arrested for driving under the influence (DUI) in Marietta, you might rightfully be worried about your future. Georgia takes DUI offenses seriously, and the penalties can have lasting impacts on your life, including jail time, hefty fines, and the suspension of your driver’s license. At Arca Law, we are dedicated to providing skilled legal representation to individuals facing DUI charges. With years of experience defending clients in Cobb County and surrounding areas, our firm is committed to helping you through the legal process and achieve the best possible outcome for your case. Contact our highly trained and successful Marietta DUI defense lawyer today.

Understanding DUI Charges in Georgia

In Georgia, you can be charged with DUI if your blood alcohol concentration (BAC) is 0.08 grams or more within three hours after driving, or if you are under the influence of drugs or alcohol to the extent that it is less safe to drive. Even a first-time DUI offense can lead to severe penalties, including:

  • Up to 12 months in jail
  • Fines ranging from $300 to $1,000
  • 40 hours of community service
  • Mandatory completion of a DUI School
  • Drug and Alcohol evaluation
  • Driver’s license suspension
  • 12 months probation – no drugs or alcohol
  • Subject to random alcohol and drug screens

Subsequent DUI offenses carry even harsher penalties, including longer jail sentences, higher fines, and extended license suspensions. These consequences can affect your employment, personal relationships, and future opportunities, making it crucial to have an experienced DUI defense attorney by your side.

Building a Strong DUI Defense in Marietta

At Arca Law, we understand that every DUI case is unique, and we develop tailored defense strategies based on the specifics of your situation. Our team will thoroughly examine all aspects of your arrest, including whether the police followed proper procedures during the traffic stop, field sobriety tests, and breathalyzer tests. Common DUI defenses may include:

  • Challenging the validity of the traffic stop
  • Questioning the accuracy of breathalyzer or blood test results
  • Identifying errors in the administration of field sobriety tests
  • Proving that your rights were violated during the arrest process

Our goal is to protect your rights and work toward dismissing or reducing the charges against you.

Georgia’s Implied Consent Law

Georgia’s implied consent law requires drivers to submit to chemical testing (breath, blood, or urine) if they are arrested for DUI. Refusing a test can result in an automatic license suspension, separate from the DUI charge itself. If you refuse a chemical test, you still have the right to challenge the license suspension, but you must act quickly. You have only 30 days from the date of your arrest to request an administrative license suspension (ALS) hearing.

At Arca Law, we will handle your ALS hearing and explore all options for keeping you on the road. We understand how important your driver’s license is to your daily life, and we will fight to protect your driving privileges.

Marietta DUI FAQs

If you’ve been arrested for DUI in Georgia, you may have many questions about what happens next. At Arca Law, we understand how overwhelming this situation can feel. Below are answers to some frequently asked questions to help you better understand the legal process and your options. For specific advice tailored to your unique situation, contact Arca Law to speak with an experienced and successful Marietta DUI defense attorney.

How Do I Get a Limited Driving Permit?

In Georgia, a limited driving permit allows individuals with a suspended license to drive under certain conditions, such as going to work, school, or medical appointments, as well as any court-ordered DUI school or treatment programs. To apply, you must be eligible, which typically includes first-time offenders and those with non-serious violations. You can apply for a limited driving permit through the Georgia Department of Driver Services (DDS). The application process requires filling out DDS Form DS-1126 and paying a fee.

How Do I Get My Driver’s License Back After It Has Been Suspended?

To reinstate your driver’s license after a suspension, you must meet specific requirements depending on the reason for the suspension. For a DUI-related suspension, you must:

  • Complete the DUI Alcohol or Drug Use Risk Reduction Program (commonly referred to as DUI School).
  • Pay a reinstatement fee.
  • Serve any required suspension time. At a minimum, the suspension lasts 120 days.
  • Provide proof of insurance (SR-22). The Georgia Department of Driver Services (DDS) handles license reinstatement, and you can apply once you have met all the conditions.

What Does “Implied Consent” Mean?

Under Georgia law, when you drive a vehicle, you automatically give “implied consent” to chemical tests (breath, blood, or urine) to determine whether you are under the influence of alcohol or drugs. If you are arrested for DUI, refusing to take a chemical test can result in an automatic suspension of your driver’s license for one year.

What Happens If I Refuse a Test?

If you refuse to submit to a chemical test after being arrested for DUI, your license will be suspended for at least one year, and you may not be eligible for a limited driving permit. This is often referred to as a “hard suspension,” meaning you cannot drive under any circumstances. Refusing a test can also be used as evidence against you in court, as the prosecution may argue that you refused because you knew you were intoxicated.

Can I Get a Limited Driving Permit If My License Is Suspended for Refusing a Test?

No, Georgia law does not allow for a limited driving permit if your license is suspended due to refusing a chemical test under the implied consent law. This is known as a “hard suspension,” and during this time, you will be prohibited from driving entirely.

What Is DUI School?

DUI School is a state-approved program known as the DUI Alcohol or Drug Use Risk Reduction Program. It is required for anyone convicted of DUI in Georgia and must be completed before your license can be reinstated. The program is designed to educate offenders on the risks of substance abuse and its impact on driving.

How Long Will a DUI Stay on My Record?

In Georgia, a DUI conviction will stay on your criminal record forever; it cannot be expunged or removed.

Can I Contest a DUI Charge?

Yes, it is possible to contest a DUI charge, especially if there were issues with the traffic stop, the arrest, or how the tests were administered. An experienced DUI defense attorney at Arca Law will review your case for potential defenses, such as improper testing, lack of probable cause, or violations of your constitutional rights. Alejandro Arca has received extensive training in DUI detection, testing and defense and is highly experienced in defending people charged with DUI in Cobb Couty and surrounding areas.

Why Choose Arca Law?

Facing a DUI charge in Georgia can be stressful, but with the right legal representation, you can protect your rights and mitigate the impact on your life. Attorney Alejandro Arca has a deep understanding of Georgia’s DUI laws and is committed to providing personalized, results-driven defense strategies. Attorney Arca is highly trained in DUI defense; quite often he has received more training in DUI detection and testing than the officers who actually made the arrest. His level of knowledge, training and experience shines through in the courtroom when taking the case to trial is in your best interest.

When you choose Arca Law, you’re choosing a team that will stand by your side every step of the way.

Contact Arca Law for Effective DUI Defense in Marietta

If you are facing DUI charges in Marietta or the surrounding areas, don’t wait to get the legal help you need. Contact Arca Law today at 770-800-8100 for a free consultation. Our experienced DUI defense attorneys will review your case, explain your legal options, and help you make informed decisions about your defense strategy. Let us fight for your rights and help you move forward with confidence.

Call us now or fill out our online contact form to schedule your consultation.