Marietta DUI Lawyer Serving Cobb and Paulding Counties

Act Within 30 Days to Protect Your License

Marietta, Ga. After a DUI arrest in Georgia, your license faces an administrative suspension that is separate from the criminal case. You generally have 30 days from the arrest to request a hearing to challenge that suspension or to pursue other options that may keep you on the road. If the deadline passes, the suspension can take effect no matter how the criminal case ends.

One more thing to know early: Georgia’s First Offender Act does not apply to DUI, and a DUI conviction stays on your record. That is why seeking a good defense attorney quickly matters in the days following a DUI arrest.

Call as soon as possible after an arrest so this deadline is not missed.

DUI and Traffic Charges We Handle

• First-offense and repeat DUI charges
• DUI involving alcohol, drugs or both
• DUI less safe and per se (0.08 or higher) charges
• Refusal of a breath or blood test
• Administrative license suspension (ALS) hearings
• Reckless driving, speeding and other serious traffic offenses
• Driving on a suspended or revoked license
• Commercial driver (CDL) DUI matters

What a First DUI Can Mean in Georgia

These are the ranges Georgia law sets for a first DUI conviction. A second DUI within 10 years carries much heavier mandatory penalties. Every case is different.

Jail	10 days to 12 months. A judge may suspend all but 24 hours.
Fine	$300 to $1,000, plus surcharges and court costs
Community service	At least 40 hours (20 hours if under 0.08)
Classes and evaluation	DUI Risk Reduction Program and a clinical evaluation, plus any treatment it recommends
Probation	12 months, less any time served
Driver’s license	Suspension, with a limited permit possible in some cases

How a DUI Case Is Defended

Every DUI case turns on its facts. Before law school, Austin Nelson was a newspaper journalist and editor, and he reads a police report the way an editor reads a story: looking for what is missing. In a DUI case, that means four questions.

• Why were you stopped? Police need a lawful reason to pull you over. If the stop was not legal, the evidence that followed may be thrown out.
• Were the tests done right? Field sobriety tests have strict rules, and breath machines need maintenance records. We request and read all of it.
• What does the video show? Dash and body camera footage often tells a different story than the written report. We watch every minute.
• Was the implied consent notice read correctly? Georgia’s implied consent warning must be read properly. Errors can keep test results out of evidence.

Where DUI Cases Are Heard

Depending on where the arrest happened, a DUI case in Cobb County may be heard in Cobb County State Court or in a city’s municipal court. Paulding County cases are handled in Paulding County courts. Austin Nelson regularly appears in Cobb County courts and in the municipal courts of Marietta, Kennesaw, Smyrna and Powder Springs.

DUI Frequently Asked Questions

Will I automatically lose my license after a DUI in Georgia?

Not necessarily. You generally have 30 days from the arrest to request a hearing or pursue options that may let you keep driving. Missing that window can lead to a suspension that is separate from the criminal case.

Do I need a lawyer for a first-offense DUI?

A first DUI can still affect your license, your record, your insurance and your job. Talking with an attorney before your first court date helps you understand what is at stake and what options may be available.

What happens if I refused the breath test?

Under Georgia’s implied consent law, refusing a test can lead to its own license suspension, and the refusal may be raised at trial. It also means there is no test result for the State to use. How that plays out depends on the facts of your case.

How much does a consultation cost?

Nothing. Consultations are free and confidential, and payment plans are available.

Can I still drive to work after a DUI arrest?

Often, yes, at least for a while. The temporary permit you get at arrest is short-lived, and what happens next depends on what you do within the 30-day window. Call before the deadline so we can walk through your options.

Will I go to jail for a first DUI in Georgia?

Georgia law requires at least 24 hours in custody for a first DUI conviction, and time already spent in jail after the arrest may count toward it. Many first-time cases end without further jail time, but every case is different.