DUI Attorney in Marietta
Comprehensive DUI Defense Tailored for Marietta Residents
At Smith, Schnatmeier, Dettmering & Kilgo, LLP, our dedicated team understands the stress and uncertainty that come with DUI charges. Operating right here in Marietta, GA, we provide a strategic approach to DUI defense that’s both effective and personalized. With our former district attorneys on your side, you benefit from deep insights into the local legal landscape, ensuring every angle of your case is thoroughly examined and defended.
The stakes in a DUI case are high, with implications extending beyond immediate legal penalties. A conviction can affect employment opportunities, insurance rates, and personal reputation. Understanding these consequences underlines the importance of a robust defense. We aim to mitigate these effects by employing an approach that considers not only the legal elements of DUI charges but their broader impacts on your life.
We understand the fear and uncertainty a DUI charge brings. Call our office at (770) 599-5328 or fill out the contact form on our website to speak with a dedicated DUI defense attorney in Marietta. We offer free consultations.
Understanding Georgia's DUI Laws
Georgia law operates on the principle of "DUI Per Se," which means that if your blood alcohol concentration (BAC) is at or above the legal limit, you are considered to be driving under the influence, regardless of whether there is other evidence of impaired driving.
The legal limits in Georgia are:
- For drivers 21 and older: A BAC of 0.08% or higher.
- For commercial drivers: A BAC of 0.04% or higher.
- For drivers under 21: A BAC of 0.02% or higher (zero tolerance).
In addition to "DUI Per Se," you can also be convicted of "DUI Less Safe." This means that even if your BAC is below the legal limit, the prosecution can still secure a conviction if they can prove that you were a "less safe" driver due to alcohol or drug consumption. This could be based on your performance on field sobriety tests, your behavior, or an officer's observations of your driving.
The Right Choice for Your Defense
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Constant Contact with Client
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Results Oriented
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Personalized Attention
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100+ Years of Combined Experience
Client Experiences
Hear from those we've represented in their legal battles.
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Thank you, Ben Smith, for your time, knowledge, and your thoroughness and wisdom
Former Client -
Ben, I was very impressed with how you handled everything.
Jeff -
Mr. Schnatmeier made the experience as painless as possible. He was very responsive and I was pleasantly surprised by how available he was.
Anonymous
The Georgia Criminal Defense Process for a DUI
The legal process for a DUI in Georgia is complex and moves quickly. You are facing two separate cases, and a single misstep can have a devastating impact on your future.
We will guide you through every step of the way, ensuring you understand what is happening and what to expect:
- Administrative License Suspension (ALS) Hearing: This is a civil case with the Georgia DDS, separate from the criminal case. After your arrest, you have only 30 business days to file a request for an ALS hearing to challenge the suspension of your driver's license. If you do not file this request, your license will be automatically suspended. As your DUI defense attorney in Marietta, we will file this request for you and represent you at this critical hearing.
- Arraignment: This is your first court appearance for the criminal case. We will appear on your behalf, enter a plea of "not guilty," and begin the process of discovery.
- Discovery and Pre-Trial Motions: We will conduct an in-depth review of all evidence the prosecution has against you. We will file motions to suppress evidence, challenge the admissibility of breath or blood tests, or dismiss the case entirely if the prosecution's evidence is lacking.
- Plea Negotiations: While we will prepare your case for trial, we will also engage in negotiations with the prosecution to secure the best possible plea deal, such as a reduction in charges or a lesser sentence.
- Trial: If a plea deal is not in your best interest, we will proceed to trial. We will present our defense, cross-examine the prosecution's witnesses, and argue on your behalf to the judge or jury.
- Sentencing: If you are convicted, we will present mitigating factors to the court to argue for the most lenient sentence possible.
As your Marietta DUI defense lawyer, we will be with you at every hearing, every meeting, and every step of the way, ensuring you are never alone.
Our Comprehensive Approach to DUI Defense
With over 100 years of combined legal experience, our approach to defending clients against DUI charges is aggressive, thorough, and strategic. We believe that a strong criminal defense requires meticulous attention to detail and a commitment to exploring every possible angle. We do not rest until we have uncovered every fact and every piece of evidence that can help your case.
Our defense strategy for a DUI defense attorney in Marietta often includes:
- Challenging the Traffic Stop: We will investigate whether the police had a legal reason to pull you over in the first place. If they did not, the entire case could be dismissed.
- Scrutinizing the Field Sobriety Tests: We will argue that these tests are unreliable and can be affected by factors like medical conditions, fatigue, or uneven pavement.
- Attacking the Chemical Test Results: We will question the accuracy of the breathalyzer or blood test, including the calibration of the machine, the chain of custody of the blood sample, or the qualifications of the person who administered the test.
- Challenging the Implied Consent Notice: We will review the body camera footage to ensure that the police officer read you the correct implied consent notice. An incorrect or incomplete notice can lead to the suppression of the test results.
- Negotiating a "Wet Reckless" or other Lesser Charge: Our firm's ultimate goal is a dismissal, but if a dismissal is not possible, we will negotiate with the prosecution to have the DUI charge reduced to a "wet reckless" or other lesser offense that carries less severe penalties.
Our firm is dedicated to providing you with the best possible defense. We understand the intricacies of Georgia law and how to use it to your advantage.
Why Choose Us as Your DUI Defense Lawyer
Our team stands out due to several powerful advantages that we bring to every case:
- Insider Perspective: Our attorneys’ previous roles as district attorneys equip us with unique strategic insights that can be pivotal in the courtroom.
- Extensive Experience: We possess over 100 years of combined litigation experience, ensuring your case is handled by seasoned professionals.
- Renowned Reputation: Our superb Avvo ratings, Super Lawyers listings, and AV Preeminent® ratings underscore our legal acumen.
- Recognition: Being listed in Best Law Firms by U.S. News & World Report further attests to our excellence and commitment to client success.
- Client-Centric Communication: We prioritize keeping you informed at every step, ensuring transparent and clear communication throughout the legal process.
Our client-first approach means we not only handle your legal matter but also support your emotional well-being throughout the process. We understand that facing a DUI charge can be emotionally taxing, and we aim to alleviate your stress with constant updates and by being readily accessible for any questions or concerns you might have.
Contact Us for Professional DUI Defense in Marietta
We understand that each DUI charge comes with its own set of challenges, and navigating the legal system can seem overwhelming. By reaching out, you invite a dedicated partner in Smith, Schnatmeier, Dettmering & Kilgo, LLP onto your team—one who will advocate fiercely for your rights and future.
Contact us online today at (770) 599-5328 to schedule a free consultation. Let us help you achieve clarity and confidence in these challenging times, and put our powerful resources and experience to work for you.
Frequently Asked Questions
What should I do immediately after a DUI arrest in Marietta?
After a DUI arrest, it is important to remain calm, avoid making statements to law enforcement, and contact an attorney right away. Georgia law gives you only a short time to request a hearing to challenge license suspension, so acting quickly is critical. Writing down details of your arrest can also help your lawyer build a stronger defense.
How does Georgia’s implied consent law affect my DUI case?
Georgia law requires drivers suspected of DUI to submit to chemical testing, and refusal can lead to license suspension and other penalties. However, if the officer failed to follow proper procedures or the testing was flawed, your attorney may be able to challenge the results and weaken the prosecution’s case.
Can prior DUI convictions be used against me?
Yes. Georgia considers prior DUI convictions within a 10-year period, and these can increase penalties such as mandatory jail time, higher fines, and longer license suspensions. A defense attorney can review your history to determine how past convictions may impact your case and develop arguments to minimize their effect.
Will a DUI conviction affect my driver’s license in Georgia?
Yes. Even a first DUI conviction typically results in license suspension, with the length of time depending on the circumstances of your case. In some situations, you may be eligible for a limited driving permit to maintain work or family obligations. An attorney can guide you through the application process.
Can a DUI charge be expunged from my record in Georgia?
No. Georgia law does not allow DUI convictions to be expunged. Once convicted, the charge stays on your record permanently. This makes it essential to fight charges aggressively from the beginning with the help of a skilled DUI attorney.
Can I refuse a breath or blood test during a DUI stop in Marietta?
You have the right to refuse chemical testing, but doing so can lead to an automatic driver’s license suspension under Georgia’s implied consent law. Refusal may also be used as evidence against you in court. An experienced DUI attorney can review whether the officer properly advised you of your rights and determine whether the suspension or evidence can be challenged.
How long does a DUI case usually take in Marietta?
The timeline for a DUI case can vary depending on factors such as court scheduling, evidence review, and negotiations with prosecutors. Some cases resolve within a few months, while others may take longer if motions are filed or the case goes to trial. A knowledgeable attorney can help move the process forward while preparing a strong defense.
Can I still drive after being charged with a DUI in Georgia?
In some cases, you may still be able to drive temporarily after a DUI arrest if you request a hearing or apply for a limited driving permit within the required time frame. However, missing important deadlines could result in automatic suspension. Working with an attorney quickly can help protect your driving privileges.
What defenses may be available in a Marietta DUI case?
Every DUI case is different, but possible defenses may include challenging the legality of the traffic stop, questioning the accuracy of field sobriety or chemical tests, or showing that law enforcement failed to follow proper procedures. A DUI attorney can examine the evidence, police reports, and testing methods to identify weaknesses in the prosecution’s case.
