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 by a DUI defense attorney in Marietta.
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.
When you work with us, we take time to learn about your job, family responsibilities, and future plans so that we can tailor a defense to your specific situation rather than treating your case like another file in a stack. We draw on our experience in Cobb County State Court, Cobb County Superior Court, and the various municipal courts around Marietta to anticipate how a particular judge or prosecutor may view your case and to plan accordingly. By combining legal analysis with an understanding of how a DUI conviction could affect your driver’s license, professional licensing, and background checks, we help you make informed decisions at every stage of the process with a dedicated DUI lawyer in Marietta.
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.
Georgia’s DUI statutes also address situations involving prescription medications and alleged drug impairment, which often arise on major routes such as I-75, I-575, or the East-West Connector in and around Marietta. In these cases, the state may rely heavily on officer opinion and blood test results, which gives us multiple avenues to challenge whether you were in fact impaired as defined by law. We carefully review the stop, the advisement of implied consent, and the way any blood or urine samples were collected and handled to determine whether the state’s evidence meets the strict requirements imposed by Georgia courts.
Types of DUI and Drunk Driving Charges We Handle
DUI accusations do not all look the same, and understanding the specific charge you are facing is an important first step in building a defense. In and around Marietta, drivers can be cited for alcohol-related DUI, drug-related DUI, or a combination of alcohol and drugs, and each type of case involves different legal issues and potential penalties. When you meet with us, we break down the exact charge, explain how Georgia law treats it, and discuss what that means for your driver’s license and criminal record so you can decide how you want your DUI attorney to proceed.
Alcohol-based cases often focus on the traffic stop, field sobriety evaluations, and breath testing conducted at the roadside or jail. Drug-related cases, by contrast, may hinge on blood tests, officer observations of alleged impairment, and any statements made about prescription or over-the-counter medications. We also see under-21 cases, commercial driver cases, and situations involving accidents with alleged injuries, which can significantly raise the stakes. By identifying the type of DUI or drunk driving allegation at issue, we can focus our investigation on the areas most likely to reveal weaknesses in the state’s evidence and opportunities to seek a reduction or dismissal.
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.
In Cobb County, DUI cases are typically heard in municipal courts such as Marietta Municipal Court or in Cobb County State Court, depending on where the arrest occurred and how the charge is filed. Knowing the procedures and preferences in each courtroom allows us to prepare you for what will happen before you ever step inside. We discuss what to wear, how to address the judge, and how to handle questions so that you feel prepared rather than caught off guard. Throughout this process, we remain in direct contact with you to explain developments, relay offers, and answer questions about how each step may affect your driver’s license and your day-to-day life.
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 didn't, 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.
In many Marietta cases, we also look beyond the police report to locate witnesses, obtain surveillance video from nearby businesses, and consult with qualified professionals when necessary to evaluate breath or blood testing methods. By carefully reviewing the timeline of the stop, any interaction on the roadside, and what occurred at the jail or police station, we often identify small details that become important issues in court. This disciplined approach allows us to build a defense that is tailored to the facts of your case and to the expectations of the local judges and juries who will ultimately decide it.
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.
What To Expect When You Work With Our Marietta DUI Defense Team
Choosing a drunk driving attorney is not only about legal knowledge; it is also about finding a team you feel comfortable turning to during one of the most stressful periods of your life. From the first phone call, we focus on creating a clear plan so you know what to expect and who will be handling each part of your case. We explain our role as your advocates, outline how communication will work, and give you space to ask questions about the process, the possible outcomes, and the timeline ahead.
After your initial consultation, we start gathering documents such as the police report, citation, and any paperwork related to your driver’s license. We then schedule follow-up meetings to review evidence together, discuss our analysis, and talk through strategic options such as filing motions, negotiating for reduced charges, or preparing for trial. Throughout your case, we return calls and emails promptly, provide updates after court dates, and make sure you understand the next step before it arrives. Our goal is that you never feel left in the dark about what is happening in your Marietta DUI case or why certain decisions are being recommended by your DUI defense lawyer.
Why Local Experience Matters in Marietta DUI Cases
DUI laws are set at the state level, but how a case unfolds can vary significantly from one county or city court to another. In Marietta and the greater Cobb County area, procedures, court calendars, and sentencing practices often reflect local preferences. Having a DUI lawyer who routinely appears in these courts means your case is guided by someone who understands how local judges handle bond conditions, pretrial motions, and plea negotiations, and who knows what arguments may resonate best in a particular courtroom.
Our attorneys have spent years handling criminal matters in Cobb County State Court, Cobb County Superior Court, and nearby municipal courts that regularly hear drunk driving cases. This experience helps us anticipate potential issues such as how quickly your case may be scheduled, whether alternative programs might be available, and how license-related issues will interact with your court case. By combining this local insight with a thorough review of the evidence, we can provide realistic advice about risks and opportunities so you can make informed decisions about how to proceed with your defense.
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
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.
When you contact our office after an arrest in or around Marietta, we start by gathering basic information about where you were stopped, which agency arrested you, and whether you received paperwork related to your driver’s license. During your initial consultation, we walk through the timeline of events, explain what will happen in the local court handling your case, and outline immediate steps you can take to protect your driving privileges and prepare for upcoming court dates. Our goal is for you to leave that first conversation with a clearer picture of the road ahead and a plan for how we will move forward together with your DUI attorney in Marietta.
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.
