DUI Defense A Defense You Can Trust

Atlanta DUI Lawyer

Defending Clients Charged With Driving Under The Influence in Georgia

Are you looking for an Atlanta DUI attorney dedicated to you, to your case, and to seek the most favorable possible outcome? Call the Law Office of Matthew T. McNally and let our firm hear your story. Whether law enforcement made a severe mistake or your charges were hastily brought, it is worth your time to determine if your DUI charges can be reduced or dismissed.

Contact our Atlanta DUI attorney by calling (678) 918-4421 today!

DUI Laws in Georgia

Georgia’s laws against drunk driving can be found in § 40-6-391 of the Georgia Code. The statute outlaws driving or being in actual physical control of a moving vehicle while certain factors are present.

Factors that outlaw driving or being in control of a moving vehicle:

If a person is under the influence of alcohol, drugs, toxic substances, or any combination thereof to the point that it is unsafe for that person to drive
If a person is under the influence of alcohol at or above 0.08% blood alcohol concentration (BAC)
If any amount of marijuana or controlled substance is present in a blood or urine test
If a person is impaired by the use of even legally-used drugs, such as prescription drugs

Georgia DUI Penalties

Penalties that a first-time DUI defendant can face include:

Minimum of one day in jail, possibly ten days in jail to 1 year
$300-$1,000 in fines, plus surcharges
40 hours of community service
One-year driver's license suspension
Mandatory driver's risk reduction course

The judge assigned to your case can elect to add penalties to enhance your sentence if:

You committed a second, third, or fourth DUI offense
You caused an accident that led to serious injury, property damage, or death
A minor was in the vehicle when you were arrested
You were driving without a license or on a suspended license
Your BAC level was .15% or higher

Second DUI Conviction within 10 Years

The penalties for a second DUI conviction in Georgia include:

Minimum of 90 days to 12 months imprisonment
$600-$1,000 fine
Minimum 30 days of community service
Completion of a Drug or Alcohol Use Risk Reduction Program
Clinical evaluation upon completion of a substance abuse treatment program
12 months probation

Third DUI Conviction within 10 Years

The penalties for a third DUI conviction in Georgia include:

120 days to 12 months imprisonment
$1,000 to $5,000 in fines
Minimum 30 days of community service
Completion of a Drug or Alcohol Use Risk Reduction Program
Clinical evaluation upon completion of a substance abuse treatment program
12 months probation

Fourth DUI Conviction

The penalties for a fourth DUI conviction in Georgia include:

One to five years imprisonment
$1,000 to $5,000 fine
Minimum 60 days of community service
Completion of a Drug or Alcohol Use Risk Reduction Program
Clinical evaluation upon completion of a substance abuse treatment program
5 years probation

Is a DUI a Felony or a Misdemeanor in Georgia?

The code states that the first and second violations are typically misdemeanors, a third offense is an aggravated misdemeanor, and a fourth or subsequent offense is a felony.

How Can a DUI Defense Attorney Help You?

Facing a DUI charge in Atlanta can be a daunting experience, and the consequences can be severe, including fines, license suspension, and even jail time. However, with the right legal representation, you can significantly improve your chances of a more favorable outcome. An Atlanta DUI defense attorney provides the expertise and guidance needed to navigate the complexities of DUI laws.

One of the primary ways a DUI defense attorney can help is by examining the circumstances surrounding your arrest. This includes reviewing the police report, the evidence against you, and any breathalyzer or field sobriety tests administered. Your lawyer will look for any procedural errors or violations of your rights that could weaken the prosecution’s case, such as an unlawful traffic stop or improper administration of tests.

A skilled DUI attorney is also adept at negotiating with prosecutors. In some cases, it may be possible to have the charges reduced or even dismissed through plea bargaining. Furthermore, they provide strong representation in court. If your case goes to trial, a DUI defense attorney will present a defense, cross-examine witnesses, and challenge the prosecution’s evidence. The goal is to create reasonable doubt about your guilt, which can lead to an acquittal.

A lawyer also offers guidance throughout the entire legal process, helping you understand your options and the potential consequences of each decision. They are committed to protecting your rights and working toward the best possible outcome, whether through negotiation, litigation, or alternative sentencing options. Having an experienced DUI defense attorney in Atlanta on your side can make a significant difference in the outcome of your case.

Have you been charged with a DUI in Georgia? Call the Law Office of Matthew T. McNally today at (678) 918-4421 or contact us online to schedule a meeting with our Atlanta DUI attorney!

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Why You Want Matthew T. McNally on Your Side

Your Success Is My Success

Payment plans available.
Has spent thousands of hours in court advocating for clients.
Will take care of you like a family member.
Always picks up the phone or calls you back quickly.
Keeps his case load small so he can devote more attention to your case.
Well connected in the criminal justice system.