Atlanta DUI Lawyers

Experienced Atlanta DUI & Criminal Defense Attorneys Who Fight to Protect Your License, Your Freedom, and Your Future

A DUI arrest in Atlanta can upend your entire life in an instant. One moment you are driving home from dinner in Buckhead or leaving a concert in Midtown, and the next you are standing on the side of the road watching a police officer place you in handcuffs. The consequences of a DUI conviction in Georgia are severe and far-reaching, affecting your driver’s license, your employment, your professional standing, your insurance rates, and your personal reputation. You do not have to face these consequences alone, and you do not have to accept the prosecution’s version of events as the final word on your case.

At The Spizman Firm, our Atlanta DUI lawyers have spent decades defending drivers throughout Atlanta and the state of Georgia against drunk driving charges, drugged driving allegations, and every variation of DUI offense recognized under Georgia law. We understand that behind every DUI arrest is a human being with a family, a career, and a future worth protecting. That understanding drives us to pursue every possible defense, challenge every piece of evidence, and fight relentlessly to achieve the best possible outcome in every case we handle. Whether this is your first DUI or you are facing enhanced penalties for a repeat offense, our trial lawyers are ready to stand beside you and protect everything you have worked to build.

Call The Spizman Firm at 770-685-6400 for a free, confidential consultation. A live person will answer your call any time of day or night, any day of the week, and we will begin working on your case immediately. We also have several full-time staff members fluent in Spanish and are ready to serve you if Spanish is your preferred language.

Why You Need an Atlanta DUI Defense Attorney Immediately After an Arrest

Time is your most critical asset after a DUI arrest in Georgia. From the moment you are taken into custody, a series of deadlines and procedural requirements begin to run, and missing even one of them can have devastating consequences for your case and your driving privileges. Georgia law gives you only thirty days from the date of your arrest to file a request for an administrative license suspension hearing with the Georgia Department of Driver Services. If you fail to file this request within the thirty-day window, your license will be automatically suspended, and you will lose the opportunity to challenge that suspension before it takes effect.

An experienced Atlanta DUI defense attorney at The Spizman Firm will immediately file the necessary paperwork to protect your driving privileges, begin gathering and preserving evidence in your case, request copies of all police reports and arrest records, obtain any available dashcam footage or body camera video from the arresting officers, and start building a defense strategy tailored to the specific facts and circumstances of your arrest. Every day that passes without legal representation is a day that critical evidence could be lost, witnesses could forget important details, and your options could narrow. The sooner you call our office, the more we can do to protect your rights and your future.

Atlanta Criminal Defense, Protecting the Accused Across Every Area of Georgia Criminal Law

While DUI is one of the most common criminal charges in Atlanta, The Spizman Firm’s criminal defense practice extends to the full spectrum of Georgia misdemeanor and felony offenses. Our attorneys defend individuals accused of assault and aggravated assault, domestic violence and family violence battery, drug possession, drug distribution, drug trafficking, and drug manufacturing involving marijuana, cocaine, methamphetamine, fentanyl, heroin, prescription medications, and all other controlled substances.

We represent clients charged with theft crimes including shoplifting, burglary, robbery, armed robbery, auto theft, and receiving stolen property. Our practice covers the full range of white-collar and financial crimes including fraud, wire fraud, bank fraud, insurance fraud, identity theft, forgery, embezzlement, money laundering, and tax evasion. We defend clients facing weapons charges such as carrying a concealed weapon without a license, possession of a firearm by a convicted felon, possession of a firearm during the commission of a crime, and discharging a firearm in public.

Our attorneys handle sex crime allegations including sexual assault, rape, statutory rape, child molestation, indecent exposure, solicitation of a minor, possession of child pornography, and sex offender registration violations. We defend clients accused of arson, manslaughter, vehicular homicide, murder, kidnapping, extortion, blackmail, witness tampering, obstruction of justice, resisting arrest, fleeing and eluding, prostitution, solicitation, public intoxication, disorderly conduct, trespassing, vandalism, and property damage.

We also represent students facing campus disciplinary proceedings, professionals whose licenses are at risk due to criminal charges, and individuals dealing with probation violations, failure to appear warrants, bond revocation hearings, and appeals of criminal convictions. Whatever criminal charge you are facing in Atlanta or anywhere in Georgia, The Spizman Firm has the courtroom experience, legal knowledge, and unwavering dedication to fight for the best possible outcome in your case.

Georgia DUI Laws and How They Apply to Your Case

Georgia’s DUI statutes are codified under O.C.G.A. § 40-6-391 and encompass a broader range of conduct than many drivers realize. You can be charged with DUI in Georgia not only for driving with a blood alcohol concentration at or above the legal limit of 0.08 percent, but also for driving under the influence of alcohol to the extent that you are a less safe driver, driving under the influence of any drug or combination of drugs that renders you incapable of driving safely, driving under the combined influence of alcohol and drugs, and driving with any amount of marijuana or a controlled substance in your blood or urine. Georgia also imposes a stricter standard for commercial vehicle operators, who can be charged with DUI at a blood alcohol concentration of 0.04 percent, and for drivers under the age of twenty-one, who face a zero-tolerance standard with a legal limit of just 0.02 percent.

Understanding which specific DUI charge you are facing is essential because each carries its own set of penalties, defense strategies, and potential consequences. The Spizman Firm’s DUI defense attorneys will analyze the exact charges filed against you, explain what the prosecution must prove to secure a conviction, and identify every available avenue for challenging those charges.

DUI Penalties in Georgia, What You Are Really Facing

The penalties for a DUI conviction in Georgia escalate significantly with each subsequent offense, and even a first-time conviction carries consequences that can disrupt your life for months or years. Understanding the full scope of what you are facing underscores the importance of mounting an aggressive defense.

A first DUI conviction in Georgia within a ten-year period is classified as a misdemeanor and can result in a jail sentence ranging from ten days to twelve months, although a judge may suspend all but twenty-four hours of that sentence for first-time offenders. You will face fines ranging from three hundred to one thousand dollars, plus mandatory surcharges and court costs that can significantly increase the total financial burden. Your driver’s license will be suspended for up to twelve months, although you may be eligible for a limited driving permit after completing a DUI Alcohol or Drug Use Risk Reduction Program, commonly known as DUI school. You will also be required to complete at least forty hours of community service, and the court will place you on probation for a minimum of twelve months.

A second DUI conviction within ten years elevates the penalties considerably. You face a minimum of forty-eight hours and up to twelve months in jail, with fines ranging from six hundred to one thousand dollars. Your license suspension extends to three years, though a limited permit may be available after completing the risk reduction program and serving at least twelve months of the suspension. Community service requirements increase to a minimum of thirty days, and your vehicle may be subject to a special license plate designation that marks you as a DUI offender.

A third DUI conviction within ten years is classified as a high and aggravated misdemeanor in Georgia. The mandatory minimum jail sentence increases to fifteen days, and you face up to twelve months of incarceration. Fines range from one thousand to five thousand dollars, your license is revoked for five years with no possibility of a limited permit for the first two years, and your name and photograph will be published in the local newspaper at your expense. The community service requirement climbs to a minimum of thirty days, and the court may order installation of an ignition interlock device on your vehicle.

A fourth DUI conviction within ten years crosses the threshold from misdemeanor to felony territory in Georgia. A felony DUI conviction carries a prison sentence of one to five years, fines ranging from one thousand to five thousand dollars, and a five-year license revocation. A felony conviction also results in the permanent loss of certain civil rights, including the right to possess firearms and potential impacts on your voting rights and eligibility for certain professional licenses.

Beyond the direct criminal penalties, a DUI conviction creates a cascade of collateral consequences that affect nearly every aspect of your daily life. Your auto insurance premiums will skyrocket, and your insurer may drop your coverage entirely, requiring you to obtain expensive SR-22 high-risk insurance. A DUI conviction on your record can cost you your current job, disqualify you from future employment opportunities, prevent you from obtaining or maintaining a professional license in fields such as healthcare, law, education, real estate, and finance, and create complications with housing applications, loan applications, and even child custody disputes. For non-citizens, a DUI conviction can trigger immigration consequences including deportation proceedings. For college students, a conviction can result in loss of scholarships, suspension or expulsion from academic programs, and damage to career prospects before your professional life has even begun.

How The Spizman Firm Defends Against DUI Charges in Atlanta

Every DUI case is built on a foundation of evidence, and every piece of that evidence is subject to challenge. The Spizman Firm’s approach to DUI defense begins with a meticulous examination of every detail surrounding your arrest, from the initial reason the officer pulled you over to the procedures followed during chemical testing. We leave no stone unturned because we know from decades of experience that police officers make mistakes, testing equipment malfunctions, and constitutional rights are violated more often than most people realize.

Our defense strategies include challenging the initial traffic stop itself, because an officer must have reasonable articulable suspicion that a traffic violation or criminal activity is occurring before pulling you over. If the officer lacked a valid legal basis for the stop, everything that followed, including field sobriety tests, breath tests, and your arrest, may be subject to suppression. We have seen countless cases where officers pulled drivers over based on nothing more than a hunch or because the driver was leaving a bar district late at night, neither of which constitutes sufficient legal justification for a traffic stop.

We scrutinize every aspect of field sobriety testing, which is far less reliable than the prosecution wants juries to believe. The Standardized Field Sobriety Tests endorsed by the National Highway Traffic Safety Administration, the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, and the One-Leg Stand test, must be administered according to strict protocols to have any scientific validity. Officers routinely deviate from these protocols by conducting tests on uneven surfaces, in poor lighting conditions, during inclement weather, or without providing proper instructions. They also fail to account for medical conditions, injuries, fatigue, age, weight, footwear, and other factors that can cause a perfectly sober person to perform poorly on these tests. When officers fail to follow proper procedures or fail to consider alternative explanations for your performance, we are prepared to expose those failures to the judge or jury.

Chemical testing is another area ripe for challenge. Breath testing devices such as the Intoxilyzer 9000 used in Georgia require regular calibration, maintenance, and proper operation to produce accurate results. The officer administering the test must be properly trained and certified, must observe you for a continuous period before administering the test to ensure you do not burp, belch, or regurgitate, and must follow the manufacturer’s operating procedures precisely. Residual mouth alcohol from recent use of mouthwash, breath spray, certain medications, or even gastroesophageal reflux disease can produce falsely elevated breathalyzer results. Our attorneys are trained to identify and challenge these issues in every case.

Blood testing, while generally more accurate than breath testing, is not immune to challenge. The blood draw must be performed by qualified personnel using proper techniques, the sample must be properly preserved and stored, and the chain of custody must be maintained from the moment the sample is collected until it is introduced as evidence in court. Contamination, fermentation, improper storage conditions, and breaks in the chain of custody can all compromise the reliability of blood test results.

We also examine whether your Miranda rights were properly administered, whether you were subjected to an unlawfully prolonged detention, whether the officer’s probable cause for arrest was supported by the evidence, and whether any statements you made were obtained in violation of your constitutional rights. If any of your rights were violated during any phase of the encounter, we will file appropriate motions to suppress the unlawfully obtained evidence and weaken the prosecution’s case against you.

DUI Checkpoints and Roadblocks in Atlanta

DUI checkpoints are a common law enforcement tool throughout the Atlanta metropolitan area, particularly during holiday weekends, major sporting events, and periods associated with increased social drinking such as New Year’s Eve, the Fourth of July, Super Bowl weekend, and the weeks surrounding major Atlanta festivals and concerts. Georgia law permits DUI checkpoints, but only when they are conducted in accordance with strict constitutional requirements established by the United States Supreme Court and Georgia appellate courts.

A valid DUI checkpoint must be authorized by a supervisory officer, operate according to a predetermined plan that limits the discretion of individual officers at the scene, provide adequate notice to approaching motorists through signage and lighting, minimize the delay and inconvenience to motorists, and follow a neutral formula for selecting which vehicles to stop rather than allowing officers to single out vehicles based on the driver’s appearance or the type of car being driven. If any of these requirements are not met, the checkpoint may be deemed unconstitutional, and any evidence gathered as a result of a stop at that checkpoint may be suppressed.

The Spizman Firm has successfully challenged DUI checkpoint stops where officers failed to follow proper procedures, where the checkpoint was set up in a location designed to target certain populations rather than serve a legitimate public safety purpose, and where the operational plan was not properly documented or followed. If you were arrested at a DUI checkpoint anywhere in the Atlanta area, our attorneys will carefully analyze every aspect of the checkpoint’s setup and operation to determine whether your constitutional rights were violated.

Georgia’s Implied Consent Law and Your Right to Refuse

One of the most misunderstood aspects of Georgia DUI law is the implied consent statute, which creates confusion for drivers who are unsure of their rights when an officer requests a breath, blood, or urine test. Under Georgia’s implied consent law, codified at O.C.G.A. § 40-5-55, any person who operates a motor vehicle on the roads and highways of Georgia is deemed to have given consent to chemical testing of their blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or drugs. Before requesting a chemical test, the officer is required to read you the Georgia implied consent notice, which advises you that Georgia law requires you to submit to state-administered chemical testing, that your right to an independent test of your blood, breath, urine, or other bodily substances is preserved, and that refusal to submit to testing will result in suspension of your driver’s license for a minimum of twelve months.

The consequences of refusing a chemical test are significant but not necessarily more severe than the consequences of failing one. A refusal can be used against you at trial as evidence of consciousness of guilt, and it triggers an automatic administrative license suspension. However, refusing the test also deprives the prosecution of what would likely be its strongest piece of evidence, a chemical test result showing your blood alcohol concentration was at or above the legal limit. Whether to submit to or refuse chemical testing is a decision that depends on the specific circumstances of your situation, and it is one of the many issues our DUI defense attorneys can discuss with you during your free consultation.

It is critically important to understand that the implied consent law applies only to the state-administered chemical test requested after your arrest, not to the preliminary breath test or portable breath test that an officer may offer you on the roadside before making an arrest decision. You have the absolute right to refuse a preliminary or portable breath test in Georgia without any penalty, and in most cases, our attorneys recommend exercising that right because the results of these roadside tests are often unreliable and can only serve to give the officer additional evidence to support an arrest.

Types of DUI Charges in Georgia

Georgia law recognizes several distinct DUI offenses, and understanding the specific charge or charges you are facing is critical to building an effective defense.

DUI per se is the charge most people associate with drunk driving. It applies when your blood alcohol concentration is measured at or above 0.08 percent, and the prosecution does not need to prove that alcohol actually impaired your driving. The chemical test result alone is sufficient to support a conviction, which is why challenging the accuracy and reliability of that test result is so critical to your defense.

DUI less safe is a broader charge that applies when a driver is under the influence of alcohol, drugs, or a combination of both to the extent that the person is a less safe driver than they would otherwise be. This charge does not require a chemical test result above the legal limit and can be brought even when your blood alcohol concentration is below 0.08 percent. The prosecution relies on the officer’s observations of your driving pattern, your appearance and behavior during the traffic stop, your performance on field sobriety tests, and any other evidence suggesting impairment. Because this charge is more subjective, it is often more vulnerable to challenge by an experienced defense attorney who can offer alternative explanations for the officer’s observations.

DUI drugs applies when a driver is under the influence of any drug, including prescription medications, over-the-counter medications, marijuana, and illegal controlled substances, to the extent that the person is a less safe driver. Georgia also has a DUI per se statute for drugs, which makes it illegal to drive with any amount of marijuana or a controlled substance listed in Schedule I or Schedule II in your blood or urine, regardless of whether the substance actually impaired your driving. This zero-tolerance approach means that even trace amounts of a substance consumed days or weeks earlier can support a DUI conviction, making drug DUI cases particularly complex and requiring specialized defense strategies.

DUI with a child passenger is an enhanced offense that applies when a driver is charged with DUI while a child under the age of fourteen is a passenger in the vehicle. Each child in the vehicle constitutes a separate offense, and a conviction carries additional penalties including child endangerment charges that can have devastating consequences in family court proceedings.

Commercial DUI applies to drivers operating commercial motor vehicles and imposes a lower blood alcohol concentration threshold of 0.04 percent. A commercial DUI conviction can result in disqualification from holding a commercial driver’s license, effectively ending the career of a truck driver, bus driver, or any other professional who depends on a CDL for their livelihood.

Underage DUI applies to drivers under the age of twenty-one and imposes a zero-tolerance standard with a legal limit of just 0.02 percent. Even a single beer can put an underage driver over this threshold, and a conviction can result in license suspension, community service, and a criminal record that follows a young person into adulthood.

Contact Justin Spizman for further assistance with any of these situations, let a professional DUI attorney serving Atlanta and greater Georgia solve your problem.

DUI Arrests on Atlanta’s Roads, Highways, and Interstates

DUI arrests occur on every road, street, highway, and interstate in the Atlanta metropolitan area, and the specific location of your arrest can influence the jurisdiction that handles your case, the court where your case will be heard, and the prosecutors and judges who will be involved. The Spizman Firm’s attorneys are intimately familiar with every courthouse, every judge, and every prosecutor’s office throughout the Atlanta area and greater Georgia, and that familiarity gives our clients a significant strategic advantage.

Atlanta’s complex network of interstates and highways sees a disproportionate share of DUI arrests due to the sheer volume of traffic and the aggressive enforcement efforts of the Georgia State Patrol, Atlanta Police Department, and municipal police departments along these corridors. Interstate 285, the Perimeter highway that encircles the city, is one of the most heavily patrolled roads in the state, and DUI arrests along I-285 can fall under the jurisdiction of multiple counties and municipalities depending on the exact location of the stop. Interstate 75 runs north to south through the heart of Atlanta, connecting the city to Marietta, Kennesaw, and Cartersville to the north and Macon, Valdosta, and the Florida border to the south, and DUI enforcement along I-75 is aggressive throughout its length. Interstate 85 enters the metropolitan area from the northeast, passing through Gwinnett County and DeKalb County before merging with I-75 south of downtown Atlanta in what is known as the Downtown Connector, one of the most congested and heavily policed stretches of highway in the southeastern United States. Interstate 20 traverses the metropolitan area from east to west, connecting Atlanta to Augusta and the South Carolina border to the east and to Birmingham, Alabama, to the west, with heavy DUI enforcement particularly during evening hours and weekends.

Georgia 400 is a major north-south highway that connects the Buckhead neighborhood of Atlanta to the northern suburbs of Sandy Springs, Roswell, Alpharetta, Cumming, and Dahlonega, and it is a frequent site of DUI arrests, particularly near the bar and restaurant districts in Buckhead and Roswell. Peachtree Street, perhaps the most famous road in Atlanta, runs from downtown through Midtown and Buckhead and is lined with restaurants, bars, hotels, and entertainment venues that generate a high volume of DUI enforcement activity. Ponce de Leon Avenue connects Midtown to the Druid Hills and Decatur areas and passes through some of Atlanta’s most popular nightlife destinations, making it another hotspot for DUI stops. Moreland Avenue, Memorial Drive, North Druid Hills Road, Roswell Road, Piedmont Road, Peachtree Industrial Boulevard, Buford Highway, LaVista Road, Briarcliff Road, Cheshire Bridge Road, and Lenox Road all see regular DUI enforcement activity. Cheshire Bridge Road in particular is known for its concentration of restaurants and bars, and officers frequently patrol this corridor looking for impaired drivers during late-night hours.

In the southern portions of the metro area, Camp Creek Parkway, Jonesboro Road, Flat Shoals Road, and Cascade Road are common locations for DUI checkpoints and enforcement. To the west, Bankhead Highway, Martin Luther King Jr. Drive, and Bolton Road are frequently patrolled, as are Northside Drive and Howell Mill Road, which connect the Westside neighborhoods to Midtown and downtown. In the eastern suburbs, Stone Mountain Freeway, Covington Highway, Redan Road, and Snapfinger Road are common sites for DUI arrests, while in the northern suburbs, Holcomb Bridge Road, Old Milton Parkway, Windward Parkway, Medlock Bridge Road, and Sugarloaf Parkway see regular DUI enforcement activity.

Atlanta DUI lawyers at The Spizman Firm know these areas in and out, let us help you today.

DUI Defense in Every Atlanta Neighborhood

The Spizman Firm represents clients arrested for DUI in every neighborhood and community throughout the city of Atlanta and its surrounding areas. Each neighborhood has its own character, its own nightlife scene, and its own patterns of DUI enforcement. Understanding the local dynamics of where you were arrested helps our attorneys build a defense that accounts for the specific circumstances of your case.

• Buckhead is one of Atlanta’s premier entertainment and dining districts, home to high-end restaurants, rooftop bars, and a vibrant nightlife scene concentrated along Peachtree Road, Bolling Way, Pharr Road, and the streets surrounding Buckhead Village. The heavy concentration of drinking establishments in Buckhead makes it one of the most common areas for DUI arrests in the city, and police officers in this area are particularly aggressive in their enforcement efforts during evening and late-night hours.
• Midtown Atlanta is the cultural and arts hub of the city, home to the Fox Theatre, Piedmont Park, the High Museum of Art, and a thriving restaurant and bar scene along Peachtree Street, Crescent Avenue, Juniper Street, and the streets surrounding Colony Square and Atlantic Station. Major events at Piedmont Park, including Music Midtown, the Dogwood Festival, and the Atlanta Jazz Festival, draw enormous crowds and generate spikes in DUI enforcement activity throughout the Midtown area.
• Downtown Atlanta encompasses the areas around Centennial Olympic Park, the Mercedes-Benz Stadium, State Farm Arena, the Georgia World Congress Center, and the network of hotels, restaurants, and entertainment venues that surround them. Falcons football games, Hawks basketball games, Atlanta United soccer matches, major concerts, conventions, and special events at these venues all generate significant DUI enforcement activity on the surrounding streets and highways.
• Virginia-Highland is a walkable, village-like neighborhood popular with young professionals and known for its concentration of bars and restaurants along Highland Avenue and Virginia Avenue. The neighborhood’s pedestrian-friendly atmosphere attracts residents who walk to local establishments, but those who drive to or from the area frequently encounter DUI enforcement on Highland Avenue, Ponce de Leon Avenue, and North Highland Avenue.
• Inman Park, one of Atlanta’s oldest and most historic neighborhoods, sits adjacent to the Old Fourth Ward and is home to a mix of restaurants, bars, and the popular Krog Street Market. The annual Inman Park Festival and the neighborhood’s proximity to the Atlanta BeltLine Eastside Trail contribute to regular DUI enforcement activity in the area.
• The Old Fourth Ward has experienced explosive growth in recent years, with new restaurants, breweries, bars, and entertainment venues opening along the BeltLine corridor and the streets surrounding Ponce City Market. This influx of nightlife has brought increased police presence and DUI enforcement to the neighborhood, particularly along North Avenue, Boulevard, and the side streets near Ponce City Market.
• West Midtown, also known as the Westside, has transformed from an industrial area into one of Atlanta’s hottest dining and entertainment destinations, with acclaimed restaurants, cocktail bars, and event spaces lining Howell Mill Road, Huff Road, Ellsworth Industrial Boulevard, and the streets surrounding the Westside Provisions District and Star Metals complex. DUI enforcement in West Midtown has increased in proportion to the neighborhood’s growth.
• East Atlanta Village is a laid-back neighborhood known for its dive bars, music venues, and eclectic restaurant scene centered around the intersection of Flat Shoals Avenue and Glenwood Avenue. The neighborhood’s vibrant nightlife makes it a frequent location for DUI stops, particularly along Flat Shoals Avenue, Glenwood Avenue, and Moreland Avenue.
• Decatur, an independent city within DeKalb County, has its own thriving downtown square packed with restaurants, bars, and entertainment options, and DUI arrests in Decatur are handled by DeKalb County courts rather than Fulton County, which can affect the procedures, prosecutors, and judges involved in your case. Our attorneys regularly practice in DeKalb County courts and understand the nuances of defending DUI cases in that jurisdiction.
• Little Five Points is Atlanta’s bohemian heart, a neighborhood of independent shops, restaurants, and music venues centered around the intersection of Moreland Avenue, Euclid Avenue, and Seminole Avenue. The neighborhood’s nightlife and its location along heavily traveled Moreland Avenue make it a common area for DUI stops.

Grant Park, Cabbagetown, Reynoldstown, Kirkwood, Edgewood, Castleberry Hill, Collier Hills, Lindbergh, Atlantic Station, Brookhaven, Druid Hills, Peachtree Hills, Garden Hills, Morningside-Lenox Park, Ansley Park, Home Park, the Westside neighborhoods along Marietta Street and Northside Drive, the neighborhoods along Memorial Drive and Glenwood Avenue, and every other community within the city of Atlanta are areas where our DUI defense attorneys have represented clients and secured favorable outcomes.

DUI Defense Throughout Greater Atlanta and Georgia

The Spizman Firm’s DUI defense practice extends far beyond the city limits of Atlanta to serve clients throughout the greater metropolitan area and the state of Georgia. We regularly represent clients facing DUI charges in Fulton County, DeKalb County, Cobb County, Gwinnett County, Clayton County, Forsyth County, Cherokee County, Douglas County, Henry County, Rockdale County, Newton County, Fayette County, Paulding County, Bartow County, and every other county in the Atlanta metropolitan area.

In Cobb County, we defend clients arrested in Marietta, Smyrna, Kennesaw, Acworth, Powder Springs, Austell, and Mableton, as well as along the I-75 corridor, the I-285 corridor, South Cobb Drive, Cobb Parkway, Dallas Highway, and other heavily traveled roads throughout the county. Cobb County has a reputation for aggressive DUI enforcement and prosecution, and having an attorney who understands the local court system, the tendencies of Cobb County judges, and the priorities of the Cobb County District Attorney’s Office is essential to achieving the best possible outcome.

In Gwinnett County, we represent clients arrested in Lawrenceville, Duluth, Suwanee, Snellville, Lilburn, Norcross, Peachtree Corners, Buford, Dacula, and Loganville, and along I-85, Sugarloaf Parkway, Pleasant Hill Road, Peachtree Industrial Boulevard, and Buford Highway. Gwinnett County is the second-most populous county in Georgia and processes a high volume of DUI cases through its State Court and Superior Court systems.

In DeKalb County, our DUI defense extends to Decatur, Dunwoody, Brookhaven, Chamblee, Doraville, Tucker, Stone Mountain, Lithonia, Clarkston, and Avondale Estates, as well as along I-285, I-20, Memorial Drive, Buford Highway, North Druid Hills Road, and Covington Highway. DeKalb County’s diverse communities and extensive road network generate a significant number of DUI cases, and our attorneys have deep experience navigating the DeKalb County court system.

In the northern suburbs, we defend clients in Sandy Springs, Roswell, Alpharetta, Johns Creek, Milton, Cumming, and Woodstock, as well as along Georgia 400, Holcomb Bridge Road, Old Milton Parkway, and other major corridors. In the southern suburbs, we represent clients in College Park, East Point, Union City, Riverdale, Jonesboro, McDonough, Stockbridge, and Conyers. In the western suburbs, we handle DUI cases in Douglasville, Lithia Springs, Villa Rica, and Dallas. In the eastern suburbs and exurbs, we serve clients in Covington, Monroe, Loganville, and beyond.

Our Atlanta DUI defense lawyers serve throughout the state of Georgia, from the mountains of North Georgia, including Dahlonega, Blue Ridge, Helen, and Blairsville, to the coastal communities of Savannah, Brunswick, St. Simons Island, and Jekyll Island, and everywhere in between, including Athens, Augusta, Macon, Columbus, Warner Robins, Albany, Valdosta, Rome, Gainesville, and Dalton. Wherever in Georgia you were arrested for DUI, The Spizman Firm has the knowledge, experience, and determination to defend your rights.

What to Do If You Are Pulled Over for Suspected DUI in Atlanta

The decisions you make during a DUI traffic stop can have a profound impact on the outcome of your case. While it is impossible to undo what has already happened, understanding your rights and obligations during a traffic stop can help you avoid making your situation worse and can preserve your attorney’s ability to mount the strongest possible defense on your behalf.

When you see blue lights in your rearview mirror, safely pull over to the right side of the road as soon as it is practical to do so. Turn on your interior dome light if it is dark outside, roll down your window, place your hands on the steering wheel where the officer can see them, and remain calm and polite throughout the encounter. Avoid making any sudden movements, and do not begin rummaging through your glove compartment or console for your license and registration until the officer asks you for those documents. Officers are trained to interpret reaching and searching movements as potential threats, and creating an atmosphere of tension at the outset of the stop benefits no one.

When the officer asks you questions, you are required to identify yourself and produce your driver’s license, vehicle registration, and proof of insurance. Beyond that, you have no obligation to answer questions, and anything you say can and will be used against you. If the officer asks whether you have been drinking, where you are coming from, or how much you have had to drink, politely decline to answer by saying something like “I would prefer not to answer questions without my attorney present.” Do not lie to the officer, but do not volunteer information that will be used to build a case against you. If the officer asks whether you know why you were stopped, a simple “no” is all you need to say.

If the officer asks you to step out of the vehicle, comply with the request, close the door behind you, and keep your hands visible. The officer may ask you to perform field sobriety tests. In Georgia, you have the right to refuse field sobriety tests, and our attorneys generally recommend exercising that right. Field sobriety tests are subjective, prone to error, and designed in a way that makes it difficult for even a sober person to perform perfectly under the stressful conditions of a roadside stop. There is no legal penalty for refusing field sobriety tests in Georgia.

The officer may also offer you a preliminary or portable breath test on the roadside. This is not the same as the state-administered chemical test that is subject to Georgia’s implied consent law, and you may refuse the preliminary breath test without any penalty. If you are arrested and taken to the station or a hospital for a state-administered chemical test, the implied consent rules discussed elsewhere on this page will apply, and the decision of whether to submit to or refuse that test involves considerations that your attorney can help you evaluate.

If you are arrested, do not resist. Comply with the officer’s instructions, remain silent, and assert your right to an attorney as soon as possible by clearly stating “I want a lawyer” or “I do not want to answer any questions without my lawyer present.” Once you have asserted your right to counsel, stop talking and do not say anything else until you have spoken with your attorney. Call The Spizman Firm as soon as you have the opportunity, and we will begin working on your case immediately.

If there is a firearm in your vehicle, do not reach for the glove compartment or any area where the firearm is stored. Keep your hands on the steering wheel, inform the officer that there is a firearm in the vehicle, tell the officer where it is located, and ask the officer how they would like to proceed. Following this protocol keeps everyone safe and prevents a DUI stop from escalating into a far more serious situation.

Contact our Atlanta DUI attorneys the first chance you get, we can guide you through the best steps to take.

The Administrative License Suspension Process in Georgia

A DUI arrest in Georgia triggers two separate and parallel proceedings, the criminal case, which is handled in the courts, and the administrative license suspension proceeding, which is handled by the Georgia Department of Driver Services. Many drivers are unaware of the administrative process or fail to act quickly enough to protect their driving privileges, which is why contacting a DUI attorney immediately after your arrest is so critical.

If you submitted to a chemical test and the result was at or above the legal limit, or if you refused the chemical test, the arresting officer will confiscate your Georgia driver’s license and issue you a temporary driving permit known as a 1205 form. This temporary permit is valid for only thirty days, and within that thirty-day period, you must file a request for an administrative hearing with the Department of Driver Services and pay a filing fee of one hundred fifty dollars. If you do not file this request within thirty days, your license will be automatically suspended, for twelve months if you refused testing, or for the applicable period based on your prior record if you failed testing, and you will lose the opportunity to challenge the suspension.

The administrative hearing is your opportunity to challenge the officer’s basis for the traffic stop, the officer’s grounds for requesting a chemical test, the accuracy of the test results, whether the implied consent notice was properly read to you, and other procedural and substantive issues that could result in the suspension being rescinded or modified. An experienced DUI attorney can represent you at this hearing and use it not only to protect your driving privileges but also to gather valuable information about the prosecution’s case that can be used in your criminal defense.

The Spizman Firm handles every aspect of the administrative license suspension process on behalf of our clients, from filing the hearing request within the thirty-day deadline to representing you at the hearing and pursuing every available option to keep you on the road.

Ignition Interlock Devices and Limited Driving Permits

If your license is suspended as a result of a DUI conviction or administrative action, you may be eligible for a limited driving permit that allows you to drive to and from work, school, medical appointments, and other approved locations during the period of suspension. In some cases, the court or the Department of Driver Services may require the installation of an ignition interlock device on your vehicle as a condition of obtaining a limited permit.

An ignition interlock device is a breath-testing unit installed in your vehicle that requires you to provide a breath sample before starting the engine and at random intervals while driving. If the device detects alcohol on your breath above a preset threshold, the vehicle will not start, or if you are already driving, the device will record a violation. The costs of installing, maintaining, and monitoring an ignition interlock device are borne entirely by the driver and can amount to several hundred dollars in installation fees plus monthly monitoring fees that can range from sixty to one hundred dollars per month or more.

Our attorneys can advise you on your eligibility for a limited driving permit, help you navigate the application process, and advocate for the most favorable terms possible so that your ability to work, attend school, and meet your daily obligations is preserved to the greatest extent the law allows.

Underage DUI in Georgia, Zero Tolerance for Drivers Under Twenty-One

Georgia imposes a zero-tolerance standard for drivers under the age of twenty-one, setting the legal blood alcohol concentration limit at just 0.02 percent. This means that even a single beer or a small amount of alcohol can put a young driver over the legal limit and expose them to DUI charges with consequences that can follow them for years. An underage DUI conviction can result in license suspension, community service, mandatory alcohol education programs, and a criminal record that can affect college admissions, scholarship eligibility, career opportunities, and professional licensing for years to come.

The Spizman Firm understands the unique challenges facing young people accused of DUI in Georgia. Our attorneys work to protect the futures of our younger clients by aggressively challenging the evidence, exploring diversion programs and alternative sentencing options, and pursuing every avenue to minimize the long-term consequences of an underage DUI arrest. If your son or daughter has been arrested for DUI anywhere in Georgia, call our Atlanta DUI law firm immediately for a free consultation.

College Student DUI Defense in Atlanta

Atlanta is home to some of the nation’s most prestigious colleges and universities, including Georgia Institute of Technology, Emory University, Georgia State University, Morehouse College, Spelman College, Clark Atlanta University, Agnes Scott College, Oglethorpe University, and the colleges of the Atlanta University Center Consortium. Students at these institutions face unique consequences when arrested for DUI, including potential academic discipline, loss of financial aid and scholarships, disqualification from internship and employment opportunities, and damage to their developing professional reputations.

Our Atlanta college student DUI attorneys have extensive experience representing college students facing DUI charges. We understand the academic calendars, disciplinary procedures, and institutional policies at Atlanta-area colleges and universities, and we work to resolve DUI cases in a manner that minimizes the impact on our clients’ academic and professional futures. In many cases, we are able to secure outcomes that allow students to continue their education without interruption while addressing the legal matter discreetly and effectively.

DUI and Commercial Driver’s License Holders

If you hold a commercial driver’s license and are arrested for DUI, the stakes are extraordinarily high. A CDL holder who is convicted of DUI, whether driving a commercial vehicle or a personal vehicle at the time of the arrest, faces a one-year disqualification of their CDL for a first offense and a lifetime disqualification for a second offense. If you were transporting hazardous materials at the time of the offense, the first-offense disqualification period increases to three years.

For professional drivers whose livelihoods depend on their ability to operate commercial vehicles, a DUI conviction can effectively end their career. The Spizman Firm recognizes the magnitude of what is at stake for CDL holders facing DUI charges and brings the full weight of our experience and resources to bear in defending these cases. Every defense strategy, every motion, and every negotiation is conducted with the understanding that our client’s ability to earn a living hangs in the balance.

DUI Involving Accidents, Injuries, and Fatalities

DUI charges become exponentially more serious when the arrest stems from an accident involving property damage, injuries, or fatalities. A DUI-related accident resulting in serious bodily injury can lead to felony charges carrying significant prison time, and a DUI-related fatality can result in charges of vehicular homicide, which carries a mandatory minimum prison sentence and the possibility of decades of incarceration.

Atlanta DUI accident lawyers at The Spizman Firm has defended clients facing the most serious DUI-related charges imaginable, including first-degree vehicular homicide. These cases require an attorney with the experience, resources, and determination to conduct a thorough independent investigation, retain expert witnesses in accident reconstruction, toxicology, and other relevant fields, and mount a defense that challenges every element of the prosecution’s case. If you are facing DUI charges involving an accident with injuries or fatalities, the importance of securing experienced legal representation cannot be overstated.

Boating Under the Influence on Georgia’s Lakes and Waterways

Georgia law also prohibits operating a watercraft while under the influence of alcohol or drugs, and boating under the influence charges carry penalties that mirror those for DUI on Georgia’s roads. Lake Lanier, Lake Allatoona, Lake Oconee, Lake Hartwell, and the Chattahoochee River are popular recreational destinations for Atlanta residents, and the Georgia Department of Natural Resources actively patrols these waterways and conducts BUI enforcement operations, particularly during summer months and holiday weekends.

A BUI conviction in Georgia can result in fines, jail time, and the creation of a criminal record that follows you in the same manner as a DUI conviction. The Spizman Firm defends clients facing BUI charges with the same level of dedication and expertise that we bring to our DUI defense practice.

Motions to Suppress Evidence in DUI Cases

One of the most powerful tools available to a DUI defense attorney is the motion to suppress evidence. If law enforcement violated your constitutional rights during any phase of your encounter, from the initial traffic stop through the chemical testing process, your attorney can file a motion asking the court to exclude the unlawfully obtained evidence from being used against you at trial.

A motion to suppress is a formal request filed with the court, typically before trial, asking the judge to rule that certain evidence is inadmissible because it was obtained in violation of your rights under the Fourth Amendment protection against unreasonable searches and seizures, the Fifth Amendment privilege against self-incrimination, the Sixth Amendment right to counsel, or the due process protections of the Fourteenth Amendment. The court will typically hold an evidentiary hearing on the motion, during which the prosecution bears the burden of demonstrating that the evidence was lawfully obtained.

Common grounds for suppression in DUI cases include the absence of reasonable suspicion to justify the initial traffic stop, the absence of probable cause to justify the arrest, failure to properly administer the implied consent notice, failure to follow proper procedures during chemical testing, unlawful prolongation of a traffic stop beyond the time reasonably necessary to complete its purpose, and coercive interrogation techniques that produced involuntary statements. If the court grants the motion and suppresses key evidence, the prosecution’s case may be significantly weakened or rendered entirely unprovable, potentially leading to a dismissal of charges or a substantial reduction in the charges and penalties you face.

Even when a motion to suppress is not ultimately successful, the hearing provides your attorney with an invaluable opportunity to observe the prosecution’s witnesses under cross-examination, assess the strength of the prosecution’s case, and gather information that will be useful in preparing for trial. The Spizman Firm files motions to suppress in every case where the facts support a challenge to the legality of the evidence, and we have achieved favorable results for our clients through this critical defense tool in countless cases.

DUI Diversion Programs and Alternative Sentencing in Georgia

Depending on the circumstances of your case, your prior record, and the jurisdiction where your case is being handled, you may be eligible for a DUI diversion program or alternative sentencing arrangement that can significantly reduce the consequences of a DUI arrest. Some Georgia courts offer pretrial diversion or intervention programs that allow first-time DUI offenders to avoid a conviction on their record by completing a program of requirements that may include alcohol education classes, substance abuse counseling, community service, regular check-ins with a probation officer, and abstaining from alcohol and drugs for a specified period.

Not all jurisdictions offer DUI diversion programs, and eligibility requirements vary from county to county and court to court. An attorney who is familiar with the local court system, the available programs, and the decision-makers who control access to those programs is essential to determining whether you may be eligible for diversion and advocating effectively for your admission. The Spizman Firm’s attorneys maintain working relationships with prosecutors and court administrators throughout the Atlanta area and greater Georgia, and we leverage those relationships to pursue every available option for minimizing the consequences our clients face.

Expungement and Record Restriction After a DUI in Georgia

If your DUI charges are dismissed, if you are found not guilty at trial, or if you successfully complete a diversion program that results in the dismissal of charges, you may be eligible to have the arrest record restricted from your criminal history under Georgia’s record restriction statute, formerly known as expungement. Record restriction can remove the arrest from background checks conducted by most employers, landlords, and licensing agencies, effectively restoring your clean record and eliminating the collateral consequences that a DUI arrest record can impose on your life.

The process for obtaining record restriction involves filing a petition with the appropriate court, and our attorneys can guide you through every step of the process to ensure that the lingering effects of your DUI arrest are eliminated to the fullest extent permitted by law.

Probation Violations Related to DUI Convictions

If you have been convicted of DUI and placed on probation, violating the terms of your probation can result in severe consequences including revocation of probation and imposition of the original jail or prison sentence. Common probation violations in DUI cases include failing a drug or alcohol test, missing a meeting with your probation officer, failing to complete DUI school or community service hours within the required timeframe, failing to pay fines and court costs, being arrested for a new offense, and failing to install or maintain an ignition interlock device as required.

The Spizman Firm represents clients facing probation violation hearings in DUI cases and works to resolve these matters in a way that preserves our clients’ freedom and keeps them on track to successfully complete their probation term. In many cases, we are able to present mitigating evidence and persuasive arguments that convince the court to give our clients a second chance rather than revoking probation and imposing incarceration.

What to Expect in Atlanta’s Courts

Most DUI cases in Atlanta are handled in the State Court of Fulton County, the Atlanta Municipal Court, or the state courts of the surrounding counties where the arrest occurred. The Fulton County Courthouse is located at 136 Pryor Street SW in downtown Atlanta, and it handles a heavy volume of DUI cases. Misdemeanor DUI cases may also be heard at the Atlanta Municipal Court, while felony DUI cases, including fourth-offense DUI and vehicular homicide, are handled in the Superior Court of the county where the offense occurred.

Navigating the procedural requirements, scheduling demands, and unwritten norms of each court requires an attorney who has spent significant time practicing in those courtrooms. The Spizman Firm’s attorneys have logged thousands of hours in courtrooms throughout Atlanta and Georgia, and we have developed professional relationships and earned reputations for excellence that benefit every client we represent. We know which prosecutors are open to negotiation and which are rigid, which judges are receptive to certain arguments and which require different approaches, and how to position each case for the best possible outcome within the specific court where it will be heard.

Why Choose The Spizman Firm for Your Atlanta DUI Defense

The Spizman Firm is not a volume practice that churns through cases as quickly as possible. We are trial lawyers who take the time to understand every detail of your case, develop a personalized defense strategy, and fight relentlessly to protect your rights, your freedom, and your future. Our decades of experience defending DUI cases throughout Atlanta and Georgia have given us a deep understanding of the science behind alcohol and drug testing, the procedures officers must follow during a DUI investigation, and the constitutional rights that protect you from overreach by law enforcement.

We provide aggressive representation that is driven by a genuine commitment to our clients’ well-being. Every case is different, and we tailor our approach based on the unique facts, circumstances, and goals of each individual client. We keep you informed at every stage of the process, return your phone calls and emails promptly, and make sure you understand your options so you can make informed decisions about your case. We are available twenty-four hours a day, seven days a week, because we know that legal emergencies do not wait for business hours.

Our firm also handles personal injury cases arising from accidents involving impaired drivers. If you have been injured by a drunk driver on any of Atlanta’s roads or highways, Georgia law allows you to recover compensation for your medical expenses, lost income, pain and suffering, and other damages from the at-fault driver. We take personal injury cases on a contingency fee basis, meaning we advance all costs and charge no fee unless we are successful in recovering compensation for you.

Georgia Criminal Defense & DUI Frequently Asked Questions

What happens at my first court appearance after a DUI arrest in Atlanta?

Your first court appearance after a DUI arrest is called an arraignment. At the arraignment, the judge will formally read the charges against you, advise you of your constitutional rights, and ask you to enter a plea of guilty, not guilty, or no contest. In nearly all cases, your attorney will advise you to enter a plea of not guilty at the arraignment, which preserves all of your rights and allows your attorney time to investigate the case, review the evidence, file motions, and negotiate with the prosecution. The arraignment is also the stage where the judge will address bail conditions and may modify any bond requirements that were set at the time of your arrest. Having an experienced attorney with you at the arraignment ensures that you do not inadvertently waive any rights and that your bail conditions are as favorable as possible.

Can I get a DUI in Georgia if I was not actually driving the vehicle?

Yes. Georgia’s DUI statute applies not only to driving but also to being in “actual physical control” of a moving vehicle while under the influence. This means you can be charged with DUI if you are sitting in the driver’s seat of a parked car with the keys in the ignition, even if the vehicle is not moving and even if you had no intention of driving. Courts consider a variety of factors when determining whether a person was in actual physical control of a vehicle, including where you were seated, whether the engine was running, where the keys were located, and whether the vehicle was legally parked or stopped in a travel lane. If you were arrested for DUI while your vehicle was parked or stationary, there may be strong defenses available to you, an Atlanta DUI attorney at The Spizman Firm can evaluate the specific facts of your situation to determine the best course of action.

Will a DUI conviction appear on my criminal record in Georgia?

Yes. A DUI conviction in Georgia is a criminal offense and will appear on your criminal record. Unlike a traffic citation, a DUI conviction cannot simply be paid and forgotten. It will show up on background checks conducted by employers, landlords, licensing agencies, and educational institutions for years or even permanently, depending on the circumstances. Georgia does not allow DUI convictions to be expunged or restricted from your record. However, if your charges are dismissed, if you are acquitted at trial, or if you successfully complete a pretrial diversion program that results in dismissal, you may be eligible to have the arrest record restricted so that it no longer appears on most background checks. This distinction between a conviction and a dismissed charge underscores the importance of fighting your DUI charges aggressively with the help of an experienced defense attorney.

What is the difference between a misdemeanor and a felony in Georgia?

The primary difference between a misdemeanor and a felony in Georgia is the severity of the potential punishment. Misdemeanors are less serious offenses that carry a maximum sentence of twelve months in jail and fines of up to one thousand dollars. Common misdemeanors include simple assault, shoplifting of items valued under five hundred dollars, first-offense DUI, disorderly conduct, and criminal trespass. Felonies are more serious offenses that carry potential prison sentences exceeding twelve months, and in some cases, sentences of life imprisonment or even the death penalty. Examples of felonies include aggravated assault, armed robbery, drug trafficking, murder, and fourth-offense DUI. Georgia also recognizes a category called “high and aggravated misdemeanors,” which carry enhanced penalties compared to standard misdemeanors, including higher fines and longer probation terms. A third DUI conviction within ten years is classified as a high and aggravated misdemeanor. The distinction between misdemeanor and felony charges has profound implications for your life, your rights, and your future, which is why skilled legal representation is essential regardless of the severity of the charge.

How long does a DUI stay on my driving record in Georgia?

A DUI conviction remains on your Georgia driving record permanently. Unlike some states that allow DUI convictions to be removed from a driving record after a certain number of years, Georgia does not provide any mechanism for removing a DUI from your driving history. However, for the purpose of determining whether a subsequent DUI offense is treated as a second, third, or fourth offense with enhanced penalties, Georgia uses a ten-year lookback period. This means that if more than ten years have passed since your last DUI conviction and you are arrested for DUI again, the new charge will be treated as a first offense for sentencing purposes, even though the prior conviction still appears on your record. The permanent nature of a DUI on your driving record affects your insurance rates, your eligibility for certain types of employment, and your standing with professional licensing boards for as long as the conviction remains visible.

What should I do if the police come to my home with questions about a crime?

If police officers come to your home and want to ask you questions about a crime, you are under no obligation to speak with them, and in most cases, you should politely decline to answer questions until you have spoken with an attorney. You should not invite the officers into your home, as doing so may be interpreted as consent to enter and could allow them to observe items in plain view that they might later use as evidence. If the officers have a search warrant, ask to see it, read it carefully, and note the specific areas and items it authorizes them to search. If they do not have a warrant, politely but firmly state that you do not consent to a search of your home. You have every right to close the door and call an attorney. You should instruct all members of your household never to consent to a search or answer questions from law enforcement without legal counsel present. If the police are at your door, call The Spizman Firm immediately so that we can advise you on how to protect your rights in real time.

Can the police search my car during a traffic stop without my permission?

The police generally need either your consent, a valid search warrant, or probable cause to search your vehicle during a traffic stop. If an officer asks for your permission to search your car, you have the right to refuse, and you should exercise that right. Simply say “I do not consent to a search.” However, if the officer has probable cause to believe that your vehicle contains evidence of a crime, such as the smell of marijuana, visible contraband, or other indicators of criminal activity, the officer may search your vehicle without your consent and without a warrant under the automobile exception to the Fourth Amendment. Additionally, if you are arrested during a traffic stop, the police may search the passenger compartment of your vehicle incident to the arrest and may also inventory the contents of your vehicle if it is being impounded. If you believe your vehicle was searched unlawfully, your attorney can file a motion to suppress any evidence obtained during the search, which could significantly weaken or even eliminate the prosecution’s case against you.

What are the consequences of refusing a breathalyzer test in Georgia?

Under Georgia’s implied consent law, refusing to submit to a state-administered chemical test after a DUI arrest triggers an automatic administrative suspension of your driver’s license for a period of twelve months. This suspension is separate from and in addition to any suspension that may result from a DUI conviction in criminal court. The refusal can also be introduced as evidence against you at trial, where the prosecution may argue that your refusal demonstrates a consciousness of guilt. However, refusing the test also means the prosecution will not have a breath or blood test result to use as evidence, which can make it significantly more difficult for them to prove their case, particularly on a DUI per se charge. Whether to submit to or refuse a chemical test is a decision with significant strategic implications, and the right choice depends on the specific circumstances of your arrest. If you have already been arrested and either submitted to or refused testing, an attorney at The Spizman Firm can evaluate your situation and develop a defense strategy that accounts for the evidence available to the prosecution.

How can a criminal defense attorney help if I have already been charged?

Even after charges have been filed, an experienced criminal defense attorney can make an enormous difference in the outcome of your case. Your attorney will conduct an independent investigation of the facts, review all police reports, witness statements, and physical evidence, and identify weaknesses, inconsistencies, and constitutional violations in the prosecution’s case. Your attorney can file pretrial motions to suppress illegally obtained evidence, challenge the legality of your arrest, and compel the prosecution to disclose all evidence in its possession. Through skilled negotiation, your attorney may be able to secure a reduction in charges, a favorable plea agreement, entry into a diversion program, or a dismissal of charges altogether. If your case proceeds to trial, your attorney will present your defense to the judge or jury, cross-examine the prosecution’s witnesses, and fight to secure an acquittal. At every stage of the process, your attorney serves as your advocate, your advisor, and your protector against the full power of the state. The earlier you retain counsel, the more your attorney can do to influence the outcome of your case.

What happens if I violate my probation in Georgia?

If you violate the terms of your probation in Georgia, your probation officer can file a petition with the court requesting that your probation be revoked. The judge will then schedule a probation revocation hearing, at which the prosecution must prove by a preponderance of the evidence that you violated one or more conditions of your probation. This is a lower standard of proof than the beyond-a-reasonable-doubt standard required for a criminal conviction, which means the prosecution’s burden is easier to meet. If the judge finds that you violated your probation, the consequences can be severe. The judge has the discretion to impose any sentence that could have been imposed at the time of your original conviction, up to and including the maximum jail or prison sentence for the underlying offense. In some cases, the judge may choose to modify the terms of your probation, extend the probation period, add additional conditions, or impose a short period of incarceration followed by continued probation. Having an experienced criminal defense attorney represent you at a probation revocation hearing can make a critical difference in the outcome, as your attorney can present mitigating evidence, challenge the alleged violation, and argue persuasively for a sanction short of full revocation.

Contact Atlanta DUI & Criminal Attorneys at The Spizman Firm Today

If you have been arrested for DUI in Atlanta, anywhere in the metro area, or anywhere in the state of Georgia, the most important thing you can do right now is pick up the phone and call an experienced DUI defense attorney who can begin protecting your rights immediately. Every day you wait is a day that your options may narrow, critical evidence may be lost, and important deadlines may pass.

Free Consultation Available Now

Call The Spizman Firm at 770-685-6400 for a free, confidential consultation. Our DUI lawyers in Atlanta will review the facts of your case, explain your options, and give you an honest assessment of where you stand and how we can help. A live person will answer your call at any time of day or night, any day of the week, and we will get to work on your case without delay. We have several full-time staff members fluent in Spanish and are ready to serve you if Spanish is your preferred language.

You do not always need a trial lawyer for a DUI case, but when you do, you will be glad you have The Spizman Firm working for you.