Atlanta DUI Lawyers

Call The Spizman Firm at 770-685-6400 for a free, confidential consultation. A live person answers 24 hours a day, 7 days a week, and we have full-time staff members who are fluent in Spanish.

About The Spizman Firm

The Spizman Firm focuses on DUI defense and criminal defense, and that focus shapes everything about how we work. Managing Partner Justin Spizman has been a Georgia lawyer since 2007 and has spent his career in the courtrooms where Atlanta DUI cases are decided. He has been recognized in The Best Lawyers in America for DUI/DWI Defense since 2020, named a Super Lawyers Rising Star, selected to The National Trial Lawyers Top 100 and Top 40 Under 40, and included in Georgia Trend’s Legal Elite. He is a member of the National College for DUI Defense and the Georgia Association of Criminal Defense Lawyers.

He does not do this work alone. Senior Associate Attorney Marci F. Goldman brings more than two decades of legal experience, Of Counsel Michael Duponte brings more than three decades in the courtroom, and Associate Attorneys Karley Corbin, David Rigdon, and Morgan Simmons work on client cases from the first phone call through the final court date. Together, the team has earned more than 300 Google reviews and a 10.0 rating on Avvo, most of them from people who came to us scared and left with their lives back on track.

Our office is located at 200 Ashford Center North, Suite 200, Atlanta, GA 30338. Consultations are free, and we can meet in person, by phone, or by video.

What to Do After a DUI Arrest in Atlanta

The first few days after an arrest matter more than most people realize. Evidence such as body camera and dashcam video is easiest to obtain early, and your driver’s license is on a clock that started the day you were arrested. A few steps protect you right away:

• Keep every piece of paper you were given, including your citation, bond paperwork, and any temporary driving permit.
• Write down what you remember while it is fresh: where you were stopped, what the officer said, which tests you were asked to take, and who was with you.
• Do not discuss the arrest on social media or with anyone other than your lawyer.
• Do not miss your court date, even if you plan to hire a lawyer later.
• Call an experienced DUI defense attorney before you make any decision about your license or your case.

When you hire The Spizman Firm, we take over from there. We handle the license paperwork, request the police reports and video, deal with the prosecutor, and in many cases appear in court so that you miss as little work as possible.

Georgia DUI Laws, Deadlines, and Penalties

Georgia’s DUI law, O.C.G.A. § 40-6-391, covers more than a breath test over the limit. The limit is 0.08 for most adult drivers, 0.04 for commercial drivers, and 0.02 for drivers under 21. A driver can also be charged as “less safe” with no test result at all if an officer believes alcohol or drugs affected their driving.

Penalties for a conviction increase with each offense inside a ten-year period. A first conviction is a misdemeanor that carries up to 12 months in jail, a fine of $300 to $1,000, at least 40 hours of community service, and probation. A second conviction requires at least 72 hours in jail and 30 days of community service. A third is a high and aggravated misdemeanor with at least 15 days in jail and fines of up to $5,000, and a fourth is a felony punishable by one to five years in prison.

Your license follows a separate track. You have 30 days from the date of arrest to either request an administrative license suspension hearing with the Georgia Department of Driver Services or, if you qualify, choose an ignition interlock limited permit instead. If you do neither, your license can be suspended for up to a year before your criminal case is ever heard.

Under Georgia’s implied consent law, an officer who arrests you for DUI must read a specific notice before asking for the state’s breath, blood, or urine test. Refusing that test can lead to a one-year license suspension, although the Georgia Supreme Court has ruled that refusing a breath test cannot be used against you as evidence of guilt at a criminal trial. The small handheld breath device used on the roadside before an arrest is a different test, and declining it carries no license penalty.

How The Spizman Firm Defends DUI Charges

A DUI charge is built from a chain of evidence, and every link in that chain can be tested. Our attorneys start at the beginning of the encounter and work forward, looking for the places where the officer’s account does not hold up.

The traffic stop. An officer needs a valid reason to pull a driver over. We review the video and the report to see whether the stop was lawful, or whether it rested on little more than the time of night and the neighborhood.

Field sobriety tests. Roadside field sobriety tests are voluntary, and they are far less reliable than most people assume. Uneven pavement, poor lighting, fatigue, injuries, nerves, and unclear instructions all affect how a sober person performs.

Breath tests. A breath machine has to be maintained and operated correctly by a certified officer. We request the maintenance and testing records and look for the problems that produce unreliable breath results, from skipped observation periods to medical conditions such as acid reflux.

Blood tests. A blood sample must be drawn by qualified staff, stored properly, and tracked from the hospital to the lab. Gaps in that process can undermine a blood test result that looks solid on paper.

Your rights. If officers held you longer than they were allowed to, questioned you improperly, or skipped required warnings, we file a motion to keep that evidence out. Losing key evidence often changes what a prosecutor is willing to offer.

Some cases are won at trial. Many others end with a dismissal, a reduction to a lesser charge, or a resolution that protects a client’s license and record. We prepare each case as if it is going to trial, because that preparation is what produces better outcomes at every stage.

First DUI, Repeat DUI, and Felony DUI

Most of the people who call us have never been arrested before. For a first DUI, the goal is usually to keep a conviction off a clean record and keep the client driving and working while the case is pending. A first arrest is also when prosecutors and judges have the most flexibility, which is why it should not be treated as a ticket to pay and forget.

Repeat charges raise the stakes quickly. Mandatory jail time, long license suspensions, and treatment requirements come into play, and a felony DUI can mean prison. In these cases we look hard at the prior convictions themselves, the dates involved, and whether alternatives such as a DUI court program are available in the county where the case is pending.

DUI Checkpoints and Roadblocks

Police across metro Atlanta set up checkpoints on holiday weekends and around major games, concerts, and festivals. A roadblock is only lawful when supervisors plan and approve it in advance and officers on the scene follow that plan instead of choosing which cars to stop. When our attorneys take on a checkpoint arrest, we request the approval paperwork and the officers’ records to see whether the rules were followed. If the checkpoint was not run properly, the evidence gathered there can be thrown out.

If You Refused the Breath or Blood Test

A refusal changes the case, but it does not end it. Without a test result, the prosecutor has to rely on the officer’s observations and the video, and those are often weaker than the report makes them sound. On the license side, a refusal case depends heavily on whether the officer read the implied consent notice correctly and at the right time. The license deadline is especially important after a refusal, so call us as soon as possible.

Keeping Your License After a DUI Arrest

For most clients, the first question is whether they can still drive to work. The answer depends on your record, your age, the type of license you hold, and whether you took the state’s test. Our attorneys handle the hearing request or the interlock permit election for you, represent you at the license hearing, and use that hearing to question the arresting officer under oath. If a suspension does take effect, we help clients apply for a limited driving permit for work, school, and medical appointments, and we guide them through reinstatement afterward.

Drug and Prescription DUI

A DUI charge does not require alcohol. Drivers are arrested in Atlanta every week on suspicion of driving under the influence of drugs, including marijuana, prescription medication taken as directed, and over-the-counter medicine. These cases usually turn on a blood test and an officer’s opinion about impairment, and neither one shows when a substance was taken or whether it affected a person’s driving. We work with toxicology experts when the science in a case needs to be challenged.

CDL Holders and Professional Drivers

For truck drivers, bus drivers, and delivery drivers, a DUI threatens more than a personal license. A conviction can disqualify a commercial license even when the arrest happened in a personal vehicle on a day off, and many employers will not wait for the case to end. When we defend a commercial driver, every decision is made with the CDL in mind, including resolutions that an ordinary driver might accept but a professional driver cannot.

Drivers Under 21 and College Students

Young drivers face a much lower alcohol limit and license consequences that are harsher than those for adults. Our attorneys represent drivers under 21 with a focus on what comes next in their lives: college admissions, scholarships, internships, and first jobs. We also defend college students charged with DUI at Georgia Tech, Georgia State, Emory, and the Atlanta University Center schools, where an arrest can lead to a campus conduct case on top of the criminal charge.

DUI Accidents, Serious Injury, and Vehicular Homicide

When a DUI arrest follows a crash, the case becomes far more serious. A DUI involving an accident can bring felony charges if someone was badly hurt, and a death can lead to a charge of vehicular homicide with years in prison at stake. These cases call for an independent investigation, often with accident reconstruction and toxicology experts, because the cause of a crash is not always what the police report says it is. The Spizman Firm has defended clients facing the most serious of these charges.

Boating Under the Influence

Georgia’s impaired driving laws extend to the water. Officers patrol Lake Lanier, Lake Allatoona, and the Chattahoochee River, especially on summer weekends and holidays, and a boating under the influence charge is prosecuted much like a DUI on the road. Many of the same defenses apply, including challenges to the stop and to the testing.

Criminal Defense Beyond DUI

DUI is the heart of our practice, but it is not all we do. The Spizman Firm’s criminal defense attorneys represent people charged with misdemeanors and felonies in courts across metro Atlanta. We defend clients accused of domestic violence, drug offenses, theft and shoplifting, assault, weapons charges, and sex crimes, along with serious traffic offenses such as reckless driving and hit and run.

Because we see the damage impaired drivers cause, the firm also represents people injured in accidents on a contingency fee basis.

After Your Case: Probation and Clearing Your Record

Our work does not always end with the court date. Clients on probation sometimes miss a class, a payment, or a test, and a probation violation can put jail time back on the table. We step in early to resolve the problem before a judge has to. When a charge is dismissed, reduced, or ends in an acquittal, we also help clients apply for record restriction so the arrest stops appearing on most background checks.

DUI Defense in Atlanta’s Neighborhoods

DUI enforcement in Atlanta follows the nightlife. Officers concentrate on the streets around restaurants, bars, stadiums, and concert venues, and our attorneys defend clients arrested in all of these areas:

• Buckhead: the restaurants and rooftop bars around Buckhead Village, Peachtree Road, and Pharr Road.
• Midtown: Crescent Avenue, Peachtree Street, and events at Piedmont Park and the Fox Theatre.
• Downtown: game days and concerts at Mercedes-Benz Stadium and State Farm Arena.
• Virginia-Highland: the bars and restaurants along North Highland Avenue.
• Old Fourth Ward and Inman Park: Ponce City Market, Krog Street Market, and the BeltLine Eastside Trail.
• West Midtown: the dining and event spaces along Howell Mill Road.
• East Atlanta Village and Little Five Points: the music venues and bars along Flat Shoals, Glenwood, and Moreland avenues.

DUI Arrests on Atlanta’s Highways and Major Roads

Many of our clients were stopped on the interstates. The Georgia State Patrol, the Atlanta Police Department, and city and county departments patrol I-285, I-75, I-85, the Downtown Connector, and I-20, and a stop on the Perimeter can land in any of several counties and courts depending on the exit. Georgia 400 carries heavy enforcement between Buckhead and the northern suburbs, and surface streets such as Peachtree Street, Ponce de Leon Avenue, Roswell Road, Piedmont Road, Cheshire Bridge Road, and Buford Highway see regular late-night patrols. Knowing exactly where a stop happened is the first step in knowing which court and which prosecutor will handle it.

DUI Defense Across Metro Atlanta and Georgia

Where you were arrested decides which court hears your case and how the process unfolds. An arrest inside the Atlanta city limits usually begins in Atlanta Municipal Court, and other cities have municipal courts of their own. Cases can also be heard in the state court of the county where the arrest happened, and felony charges go to superior court. Our attorneys appear in these courts every week and know how each one operates.

Around the Perimeter and beyond, we represent drivers in Sandy Springs, Dunwoody, Alpharetta, Roswell, Marietta, and Decatur. At the county level, our DUI defense practice covers Fulton County, Cobb County, DeKalb County, and Gwinnett County, and we regularly take cases in Cherokee, Forsyth, Clayton, Henry, and Douglas counties. If you were arrested somewhere else in Georgia, call us. We travel for our clients.

Why Clients Choose The Spizman Firm

We are trial lawyers. Prosecutors know which defense firms will try a case and which will not. Our willingness to go to court gives our clients leverage in every negotiation.

You will know what is happening. We return calls and emails, explain each step before it happens, and give you an honest assessment of your case, including the parts you may not want to hear.

We are available when you need us. Arrests do not happen during business hours. A live person answers our phone at any time of day or night.

We look at the whole picture. A DUI affects your license, your insurance, your job, and sometimes a professional license or immigration status. We build a plan around what matters most to you.

Hablamos Español. Our Spanish-speaking staff members work with clients and families directly, with no interpreter needed.

Atlanta DUI Defense Frequently Asked Questions

How soon should I call a DUI lawyer after an arrest?

As soon as you can, and ideally within the first few days. Early involvement lets us protect your license, request video before it is lost, and speak with the prosecutor before decisions are made about your case.

Should I just plead guilty to a first DUI?

Not before a lawyer has reviewed the evidence. A DUI conviction in Georgia stays on your record, and many cases that look hopeless at first have problems with the stop, the testing, or the paperwork. A free consultation costs you nothing and tells you where you stand.

Can a DUI charge be reduced or dismissed?

Yes, in the right case. Weak evidence, an unlawful stop, or testing errors can lead to a dismissal or a reduction to a lesser charge such as reckless driving. No honest lawyer can promise a result, but we can tell you what is realistic after reviewing your case.

Can I keep driving while my case is pending?

Often, yes, if the license deadline is handled correctly. Options depend on your record and whether you took the state’s test, so call before the deadline passes and we will explain which path fits your situation.

Will I have to go to court?

In many misdemeanor cases, our attorneys can appear for you at some court dates so you do not have to miss work. There are hearings you must attend, and we will tell you well in advance and prepare you for each one.

How much does a DUI lawyer cost?

It depends on the charge, the court, and how far the case goes. The Spizman Firm offers free consultations and will explain the fee clearly before you decide anything, so there are no surprises later.

I was arrested outside Atlanta. Can you still help?

Yes. Our attorneys handle DUI and criminal cases across metro Atlanta and throughout Georgia, and consultations are available by phone or video if you cannot come to our office.

Contact the Atlanta DUI & Criminal Defense Attorneys at The Spizman Firm

If you or someone you love has been arrested in Atlanta or anywhere in Georgia, the most useful thing you can do today is talk with a lawyer who handles these cases for a living. The call is free and confidential, and it will give you a clear picture of what you are facing and what can be done about it.

Free Consultation Available Now

Call The Spizman Firm at 770-685-6400. A live person will answer at any time of day or night, any day of the week, and our Spanish-speaking staff members are ready to help if Spanish is your preferred language.