Georgia DUI Defense Lawyer
Whether you or a loved one has been charged with Driving Under the Influence, you probably have a lot of questions and concerns. For many people, DUIs are their first and only experience with the legal system. This may mean you are unsure of what to expect. Perhaps you are worried about the impacts a DUI charge can have on your career, your college plans, or your future. You may be worried about whether this situation is going to define you for the rest of your life. These concerns, often lead people ask a DUI defense lawyer questions like:
- Is a DUI a misdemeanor or felony in Georgia?
- How long does a DUI stay on your record?
- Do you lose your license immediately after a DUI?
- Do I need a lawyer for a DUI?
With over 13 years of experience handling DUI cases, we have seen that many of our clients have had these same feelings, concerns, and questions. We are prepared to answer these questions and any other questions you may have.
“They know what they’re talking about and never skipped a detail. Answered every question I had with full confidence and kept me aware of all options and outcomes.” – Z.S., Client
Whether this case started because of some poor decisions or because an officer arrests an innocent person, these concerns can exist in most DUI cases.
We believe that everyone should have the opportunity to be the best person they can be, without the judgement that can follow individuals with DUI arrests.
Whether you are facing a:
- DUI Per Se,
- DUI Less Safe,
- Underage DUI,
- DUI Drugs,
- DUI Marijuana, or a
- DUI Combination Drugs and Alcohol
our award winning team has handled these types of DUIs before. While our team has experience handling DUI cases throughout the state of Georgia, we have a stronger focus on representing people who are charged with Cobb County DUIs, Cherokee County DUIs, and DUIs in the cities of Marietta, Woodstock, Kennesaw, Canton, Holly Springs, Acworth, and Smyrna.
FAQs for DUI Defense Lawyers
Is a DUI a misdemeanor or felony in Georgia?
In most cases, a DUI is a misdemeanor charge. However, this shouldn’t lead you to believe the consequences are not serious. A first lifetime conviction for DUI carries the following mandatory minimum punishments:
- Mandatory Driver’s License Suspension
- Mandatory Jail Time, Depending on the Type of DUI
- 12 Months Probation
- 40 Hours Community Service Work
- Completion of a DUI Risk Reduction Program
- Completion of a Substance Abuse Evaluation and Any Recommended Treatment
- Minimum Fine of $300 plus surcharges
These MINIMUM penalties increase if you have prior DUI convictions. Most notably, a fourth DUI conviction in 10 years is a felony.
How long does a DUI stay on your record?
Outside of Juvenile Court, if you are convicted of a DUI in Georgia it will be on your official Georgia criminal history for the rest of your life. Even if you are convicted of a DUI as a juvenile, it will show up on your Georgia driver’s history.
Do you lose your license immediately after a DUI?
Your Georgia driver’s license is not immediately suspended upon an arrest for DUI. However, the officer who arrests you can initiate an administrative license suspension. If the officer does this, your license will be suspended 45 days after your arrest, unless you take steps to challenge that suspension within 30 days of your arrest.
Do I need a DUI Defense lawyer?
Georgia DUI charges are one of the most complex types of misdemeanors a person can be charged with. Proper counsel and defense for individuals charged with DUIs requires a thorough understanding of:
- Different Driver’s License Suspensions and Available Permits
- Administrative License Suspension Hearings
- Legitimate and Lawful Reasons for the Police to Pull You Over
- What Officers are Allowed to Do During a Traffic Stop
- Proper Performance of Field Sobriety Evaluation
- Georgia Implied Consent Laws
- Laws Associated with Requests for Independent Chemical Tests
- Procedure for Obtaining Search Warrants and their Legality (when applicable)
- The various devices that can be used to test an individual’s blood, breath, or urine
- How to Obtain Evidence from Law Enforcement Agencies and Prosecutors
- Methods for Obtaining an Officer’s Training Records
- How to properly file motions to challenge the legality of evidence
- The rules of Evidence for Presenting Cases in Front of a Judge
- How to effectively conduct a jury trial
While anyone can learn all of these things, very few people that are not DUI Defense Attorneys have the time to truly understand all of these nuances. You generally only have one chance to fight a DUI charge correctly. Given the technical nature of DUIs and the lifetime implications of a conviction, we always recommend hiring a quality DUI defense law firm to represent you in a DUI case.
“I received services from Mr. Ghanouni for a DUI I had obtained by the city of Woodstock. I thought to myself “how can even an attorney help me with such a stuck situation” … He managed to point out things and ways that made the evidence against me dismissible as certain tests were inaccurately performed and administered inappropriately by a veteran of the police force. I will from now on highly recommend him to anyone I hear needing help in any court case.” – A.M., Client
Our Process for DUI Defense
Regardless of the type of DUI you are facing, we start with this 5-step process for representing our clients in DUI cases:
- Conduct an Initial DUI Defense Strategy Meeting
- Determine if Requesting an Administrative License Suspension Hearing (ALS or 30-Day Hearing) Makes Sense for You
- Conduct a Fact Gathering and Mitigation Planning Session
- Investigate Your Case and the Defenses
- Provide You with an Analysis of Your Options and Finalize the Case Strategy
Once we have this strategy in place and you have a full understanding of it, we’ll take the steps necessary to implement the DUI case strategy you approve.
Call our team at 770-720-6336 to schedule an Initial DUI Defense Strategy Meeting with a DUI Defense Lawyer on our team.
Through this process we focus on protecting our clients who are facing DUI charges from the impacts that a DUI case can have on both the long term and short term goals. We recognize that part of our role in helping you through the DUI charges you are facing is to do everything we can to minimize the impacts of the DUI charge on your life. We know that these impacts can include things like:
- Your ability to care for yourself and your loved ones, if your driver’s license is suspended
- Your current and future income through lost job and college opportunities, if you have a DUI conviction
- Your ability to move forward with your life, if you are sentenced to jail time
With proper help from our team, which includes multiple DUI Defense Attorneys, we can focus on developing and executing a plan that minimizes these potential impacts on your life.
We want to help you move from being someone who is facing the unknowns of a DUI case and the life altering impacts that can come with it, to someone who has a full understanding of the process and their options. We want you to be empowered to choose the best option to help you minimize the impacts of this situation on your life.
“I don’t think anyone is really prepared for the day that their child is in trouble with the law, and is in need of an attorney. Our legal system isn’t exactly ‘user friendly’ and it’s easy to be overwhelmed. I am so grateful to have found Paul Ghanouni and his firm. … he removed the “fear of the unknown” from the entire process. Their approach is proactive and they presented us with a plan for court that would maximize our opportunity to reach a positive result in our case.” – M.P., Client’s Father
Call us at 770-720-6336 to schedule your Initial DUI Defense Strategy Meeting. If you aren’t ready to schedule your Initial DUI Defense Strategy Meeting, then click here to download our complimentary ebook 5 Things Not to Do When You’ve Been Charged with a Crime to learn what you need to know to start protecting your future immediately.
Frequently Asked QuestionsWhat should I do if I am arrested?
The moment you are placed under arrest, constitutional rights protect you. The only thing you have to say is, “I want to speak with an attorney” or “I have nothing to say now.”
When you are in police custody, under the Miranda Rule, you must be informed of specific constitutional rights before you are interrogated. Your rights are:
- The right to remain silent
- The right to have an attorney present during questioning
- The right to have an attorney appointed if you are unable to afford one
Why It Is Important To Remain Silent Until You Retain An Attorney
Police do not have to read your Miranda rights, until they arrest you, and can question you before taking you into custody. Anything you say before an arrest can be used against you later in court and anything you say after arrest may be used against you if a court determines that it is not the product of police questioning.
Additionally, many police vehicles and interrogation rooms have recording devices. Even if you believe you are alone or think the only other person there is someone with whom you were arrested, you need to understand that you may still be recorded and those statements could be used against you. Your decision to tell the police that you do not want to answer any questions or speak to them cannot be used against you in trial.
How we help You
We help to minimize the impact that the accusations against you have on your life by creating a customized plan that best serves you.
We do not offer one size fits criminal defense.
We help protect the futures of Georgia teens and young adults accused of crimes.