Atlanta DUI Attorney
Marietta DUI Attorney
by James L. Paisley
STOP! You only have 10 days to act.
By Georgia law, you only have 10 business days from the date of your arrest to save your license. Having a DUI lawyer can help protect your ability to drive even if the officer took your license when you were arrested. Call our DUI lawyers and have a free consultation on how we will protect your ability to drive. Please remember you only have 10 days from your arrest.
Fighting a DUI Charge in Atlanta
DUI/DWI arrests in Georgia are serious. DUI is a criminal offense and misdemeanor. You do not want to plead guilty and pay the fine just to end the ordeal. This is the same as a conviction and will stay on your record.
How I Can Help
In a DUI arrest, you are fighting two battles: the administrative law suspension (ALS) that takes away your ability to drive and the criminal prosecution of your case, which could take away your freedom as well as your ability to drive. I will fight both for you.
Administrative Suspension Appeal
When you are arrested for drunk driving, your driver’s license is taken away. You can get a limited permit for 30 days. During the first ten days, you can appeal the suspension, which can last for six months or a year, depending on whether you took the breath test. Breath test refusal penalties are stiff. In this case, if you don’t appeal, you will not be able to get a work permit (hardship license) and your license will be suspended for a year.
This appeal is one of the most important parts of your case. I can represent you and question the arresting officer about the events. This is our best time to negotiate a non-DUI charge such as reckless driving.
I will challenge whether there is sufficient evidence and if the officer had enough observations to arrest you. I also review police procedure, including:
• Legality of the traffic stop
• Field sobriety tests
• Breath tests
• Correct observation period
• Test results within range
If the investigation was carried out wrongfully or illegally, I can get the suspension overturned and preserve your driving rights.
In a DUI criminal prosecution, the state tries to attain a conviction. Pleading guilty or “nolo” is a conviction and could result in minimum penalties of ten days in jail, six months to one year of a suspended license, DUI classes, 40 hours of community service, fines and 12 months of probation. The penalties for multiple offenses are much steeper.
Getting evidence suppressed or thrown out is a crucial step in arguing for reduced or dismissed charges. If procedures were done incorrectly, I can file motions to suppress that make the state’s case harder to prove. In most cases, I find issues with the traffic stop, statements given, sobriety tests and the breath test.
Sometimes, clients must take their case to a jury trial. You need an experienced, Atlanta DUI Lawyer or aggressive attorney with jury trial experience who knows how to appeal to each juror. In the vast majority of trials, juries have acquitted my clients.
Phone: (404) 618 0960