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Nick Lotito & Seth Kirschenbaum Nick Lotito & Seth Kirschenbaum
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DUI

Atlanta DUI Attorney

60+ Years of Combined Legal Experience on Your Side

Atlanta DUI attorney

If convicted of drunk driving, you face license suspension, jail time, required public service, and large fines. At Nick Lotito & Seth Kirschenbaum, our Atlanta DUI attorneys work hard to minimize the effects that a DUI conviction has on our clients' lives. While each case is different, we may be able to reduce the charges or sentence against you.

When there are good reasons to challenge the evidence, we will consult with forensic experts and field sobriety test trainers to expose mistakes on the part of arresting officers or technical problems with the breathalyzer.

Discuss the details of your case with our Atlanta DUI attorney in a FREE consultation by calling (404) 471-3177.

What Makes Our Atlanta DUI Defense Team Different

Choosing the right attorney for your DUI defense in Atlanta impacts everything from courtroom strategy to communication with prosecutors and judges. At Nick Lotito & Seth Kirschenbaum, we draw on over 60 years of collective criminal defense experience, giving our clients an immediate advantage both inside and outside the courtroom. Led by two former federal prosecutors, our team understands not only how prosecutors build their cases, but also how to anticipate and counter opposing tactics with precision. Our clients benefit from our trial experience and our well-earned reputation within the Atlanta legal community. Our Atlanta DUI attorneys believe a successful defense starts by getting to know your goals and concerns, providing clear explanations, and maintaining open communication throughout the process. Every client's situation is unique, and we work to ensure the strategies we use are designed to fit the facts and local legal landscape of Atlanta and surrounding Georgia counties.

Defense Against DUI Penalties In Atlanta

The consequences of a DUI conviction can be far-reaching. Your job could be jeopardized, your insurance premiums will increase substantially and a conviction will appear on your permanent criminal record. The exact penalties will depend heavily on the factors in your case. Regardless of the exact circumstances of your case, our firm of Atlanta DUI attorneys is here to help.

If you've been arrested and accused of driving under the influence in Georgia, act immediately by finding an attorney who can prepare you for the full range of consequences.

Atlanta's DUI Laws & Local Legal Landscape

Georgia law defines DUI in specific terms and Atlanta's enforcement practices reflect both the state statutes and local priorities. For drivers aged 21 or older, a blood alcohol concentration (BAC) of 0.08% or higher may result in DUI charges, while commercial drivers are subject to a 0.04% threshold, and drivers under 21 face a strict 0.02% standard. Atlanta police and Georgia State Patrol regularly conduct sobriety checkpoints within city limits and along busy corridors like Peachtree Street and the Downtown Connector. Local courts, such as Atlanta Municipal Court and Fulton County State Court, have developed streamlined procedures to manage high case volumes. Atlanta judges may impose additional requirements, including community service or alcohol monitoring, tying sentencing directly to regional legal practices and community safety initiatives. If you face charges in Atlanta, understanding these regional procedures can make a crucial difference in how your case proceeds and how your defense is structured.

Prepare for Your Hearing

If you have been arrested for drunk driving, understanding your options and the process for preparing for your hearing is crucial. To learn how we can help you fight a conviction, contact our Atlanta DUI lawyers today. We understand how a DUI conviction complicates a person's life. If you have been arrested for a DUI, do not assume you can plead guilty or "no contest" and make the problem go away.

Preparing for a DUI hearing in Atlanta involves meeting strict deadlines and gathering important records or documents. Hearings frequently occur at the Atlanta Municipal Court or Fulton County State Court, depending on where the arrest occurred. Georgia law requires filing an appeal to an administrative license suspension within 30 days of arrest, and missing this deadline may result in automatic license suspension. Our team works with clients to review court notices, gather essential paperwork, and provide step-by-step guidance for attending your hearing fully prepared.

Contact Atlanta DUI attorneys today to schedule an initial consultation and get started.

Frequently Asked DUI Questions

What Should I Know About DUIs?

Every DUI conviction results in a suspended license. You may be eligible for a permit that allows you to drive only in limited situations, such as to and from work, doctor appointments, school, or alcohol and drug treatment, support groups, or classes. A judge will decide if you qualify. If you do, follow the strict guidelines of the permit or it will be revoked and you will face additional penalties. If you do not qualify for a limited driving permit, you cannot drive during the suspension period.

  • Even a first offense carries fines and possible jail time. Many people wrongly assume that a person with an otherwise clean driving record will not face serious penalties after a drunk driving arrest. Even an initial conviction can carry up to a year in jail and thousands of dollars in fines. First offenses also require mandatory community service, attendance at an alcohol or drug intervention program, and a license reinstatement fee, in addition to a steep increase in auto insurance premiums.
  • Do not assume you should plead guilty (or not guilty). You may have a friend or relative with a past DUI incident eager to give you legal advice based on their own experience. Never assume that advice applies to your case. Always consult an attorney with experience in DUI defense. A skilled DUI lawyer can challenge the evidence and procedures used in your arrest by partnering with forensic experts. In many cases, charges and sentences can be reduced.

What Are the Consequences for Multiple DUI Convictions in GA?

The penalties for Georgia DUIs become more severe with each subsequent offense.

For example, the penalties associated with DUI convictions in Georgia may include:

  • First DUI Conviction: A misdemeanor punishable by a fine of $300 to $1,000, jail time of 24 hours to one year, a minimum of 40 hours of community service, mandatory participation in a DUI Alcohol Use Risk Reduction Program, and 12 months probation (minus any days in jail).
  • Second DUI conviction within 10 years: A misdemeanor punishable by a fine of $600 to $1,000, jail time of 72 hours to one year, a minimum of 30 days of community service, mandatory participation in a DUI Alcohol Use Risk Reduction Program, and 12 months probation (minus any days in jail).
  • Third DUI conviction within 10 years: A high and aggravated misdemeanor punishable by a fine of $1,000 to $5,000, jail time of 15 days to one year, a minimum of 30 days of community service, mandatory participation in a DUI Alcohol Use Risk Reduction Program, and 12 months probation (minus any days in jail).
  • Fourth DUI conviction within 10 years: A felony punishable by a fine of $1,000 to $5,000, jail time of 90 days to five years, and a minimum of 60 days of community service (which may be suspended if the driver serves at least three years in jail), mandatory participation in a DUI Alcohol Use Risk Reduction Program, and five years probation (minus any days in jail).

Anyone convicted of a DUI in Georgia risks losing their license for a significant period. For example, a first-time DUI offender faces a 12-month license suspension, but may seek reinstatement after 120 days if they complete a DUI Alcohol Use Risk Reduction Program and pay a restoration fee.

Will My License Be Suspended With a Second DUI Conviction?

After a second DUI conviction within five years, the license suspension period increases from one year to eighteen months. With court approval, after four months, you may obtain a limited permit if you install an ignition interlock device and enroll in a clinical program or drug court.

The Atlanta area is covered by multiple courts—including Fulton County State Court and the Atlanta Municipal Court—that oversee license suspension hearings for DUI convictions. Understanding Georgia’s administrative license hearing process and how it interacts with criminal DUI proceedings can help you make informed decisions. Administrative deadlines often move quickly, and missing a required hearing can lead to an automatic suspension with little recourse.

After eight months, the ignition device may be removed, but the license remains a limited permit. You may seek reinstatement after 18 months. The driver must complete the DUI Alcohol Use Risk Reduction Program and pay the required restoration fee.

Georgia DUI laws and related penalties can be complicated, so always talk with a knowledgeable Atlanta DUI attorney if you face criminal drunk driving charges. An experienced attorney can review your arrest and explain your rights and options.

What Is DUI “Per Se”?

In Georgia, DUI charges can arise in two ways:

Atlanta police and Georgia State Patrol regularly use breathalyzer and field sobriety tests to establish probable cause for both types of DUI charges. Prosecutors may rely heavily on these test results, but each carries its own legal nuances. Knowing how BAC levels, test administration, and officer conduct affect the type of charge allows your lawyer to anticipate prosecution tactics and challenge weak evidence.

DUI “Per Se” occurs if your BAC is 0.08% or higher, which creates a “rebuttable presumption.”

  • If the police officer can show that you are mentally or physically impaired

Do I Need an Atlanta DUI Attorney?

If you or someone you care about has been charged with a DUI, act quickly by consulting a professional. A lawyer will help guide you through the legal process and ensure you have the clarity and advice you need to move forward. You do not have to face this alone—let our legal team fight and support you.

Facing a DUI charge in Atlanta can feel overwhelming due to the city’s tough enforcement practices and the lasting impact a conviction can have on your driving privileges and criminal record. Our attorneys understand the unique challenges clients face in Fulton and DeKalb counties. We advise clients on compliance with local court requirements, managing communications with the Department of Driver Services, and preparing for each stage of the legal process.

Your DUI lawyer can assist you in the following ways:

  • Case Examination: You need a legal professional to conduct a thorough review of your case. This can reveal potential mistakes in the evidence against you, such as errors in chemical tests or issues with lab procedures.
  • Collection of Evidence: Your lawyer can gather evidence to support your case. This step is critical for helping you seek a favorable outcome.
  • Legal Clarification: Your attorney answers your questions and provides the clarity you need to make informed decisions going forward.
  • Legal Advice: Your lawyer offers advice on the best next steps for your specific case and helps you protect yourself throughout the process.
  • Representation: Your DUI attorney will represent you in court and work to protect your rights and your future.

To learn how we can help you fight your DUI conviction, contact our Atlanta DUI defense attorney and set up your free consultation.

Client Testimonials

    “Outstanding Legal Support”

    I would like to express my sincere gratitude to Nick Lotito and Greg Clement for their outstanding legal support. Throughout a very difficult time for my family and me, Nick and Greg were not only attentive but also demonstrated exceptional initiative and attention to detail. Nick, in particular, was incredibly knowledgeable and showed tremendous forethought in handling my case. Their thoughtfulness and thoroughness provided much-needed peace of mind, and I truly appreciate their unwavering support.

    I highly recommend Nick and Greg to anyone seeking reliable, compassionate, and professional legal representation.

    - Former Client
    “From the beginning, Nick was kind, thoughtful, and caring.”
    “If you need a lawyer who will represent you and your best interest, will listen to you, empathize with your situation, and carefully execute a game plan based on the situation. Nick Lotito will be the best choice if your life is dependent on it.”
    - Mark M.
    “I would recommend Seth without hesitation.”
    “I would recommend Seth without hesitation.”
    - James
    “Nick defended me with dedication, caring, and skillfulness - I will be eternally grateful”
    Thank You Nick, For Justice! The state of Georgia indicted me on two counts of Racketeering that I did not commit. Nick defended me with dedication, caring, and skillfulness in interacting with all parties involved. Against almost insurmountable odds, he was able to get my case dismissed. I will be eternally grateful for all he has done for me. I consider him a superb criminal defense attorney and also call him my friend!
    - Harley
    “Mr. Lotito truly went above and beyond every step of the way.”
    Nick Lotito recently represented one of my close family members in a vehicular homicide case. He helped our family navigate through this incredibly traumatic experience with grace and compassion. He was organized, well prepared, and thorough. And always responded to our emails and phone calls immediately. Mr. Lotito truly went above and beyond every step of the way. Highly, highly recommended!
    - Perri Eichenlaub
    “very impressed”
    Good and Knowledgeable I was in a bad situation at one point in my life, the Federal Government brought criminal action against me and I knew i had to be accountable for my action. I was looking for a good lawyer who specialized in criminal lawyer, one who has professional experience in a court room and could give me a good advice on what I needed to do. I interviewed three lawyers and someone told me about Nicholas Lotito, so I meet with him and we talked for hours, I was very impressed with his honesty, I was convinced and had no doubts or uncertainty that he was the person I needed to represent me. At the end of the trial everything worked out good. So thank you Mr. Lotito for the good work you did.
    - Abe

Our Results

When Experience Produces Results

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • ACQUITTED Aggravated Assault
  • VACATED Aggravated Assault & Battery
  • REDUCED CHARGES Armed Robbery Conviction
  • DISMISSED Chop Shop & Possession of Vehicles w/ Altered Vin
  • ACQUITTED Conspiracy to Distribute
  • AV Preeminent
  • Super Lawyers
  • AVVO 10.0
  • Atlanta Bar
  • Georgia Bar
  • GACDL
  • NACDL
  • ABA
The Right Defense Team Matters Why Choose Nick Lotito & Seth Kirschenbaum