DUI Attorney in Atlanta
60+ Years of Combined Legal Experience on Your Side
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.
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 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.
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 in very limited circumstances, such as to and from work, doctor appointments, school, or drug and alcohol treatment, support groups, or classes. A judge will decide whether you qualify. If you do, it's important to follow the strict guidelines of the permit or it will be revoked and you'll face further penalties. If you don't 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 someone with an otherwise spotless driving record won't face serious penalties after a drunk-driving arrest. But even an initial conviction can carry up to a year of jail time and thousands of dollars in fines. First offenses also come with mandatory community service, participation in an alcohol or drug intervention program, and a license reinstatement fee - not to mention a steep increase in your auto insurance premiums.
- Don't assume you should plead guilty (or not guilty) - You may have a friend or relative with a past DUI incident who is eager to give you legal advice based on their own experience. Never assume that advice will apply to your case. Instead, consult an attorney with experience in DUI defense. A skilled DUI lawyer can challenge evidence and procedures used in your arrest by working with forensic experts. In many cases, charges and sentences can be reduced.
What Are the Consequences for Multiple DUI Convictions in GA?
The consequences related to Georgia DUIs become increasingly 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 $1000, jail time of 24 hours to one year, a minimum of 40 hours of community service, required participation in a DUI Alcohol Use Risk Reduction Program, and 12 months probation (less any days spent in jail).
- Second DUI conviction within 10 years: A misdemeanor, punishable by a fine of $600 to $1000, jail time of 72 hours to one year, a minimum of 30 days of community service, required participation in a DUI Alcohol Use Risk Reduction Program and 12 months probation (less any days spent in jail).
- Third DUI conviction within 10 years: A high and aggravated misdemeanor, punishable by a fine of $1000 to $5000, jail time of 15 days to one year, a minimum of 30 days of community service, required participation in a DUI Alcohol Use Risk Reduction Program and 12 months probation (less any days spent in jail).
- Fourth DUI conviction within 10 years: A felony, punishable by a fine of $1000 to $5000, 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), required participation in a DUI Alcohol Use Risk Reduction Program and five years probation (less any days spent in jail).
Anyone convicted of a DUI in Georgia risks losing his or her license for a significant period of time. For instance, a first-time DUI offender will have his or her license suspended for 12 months, although he or she can seek reinstatement after 120 days if he or she completes a DUI Alcohol Use Risk Reduction Program and pays a restoration fee.
Will My License Be Suspended With a Second DUI Conviction?
However, following a second DUI conviction within five years, the license suspension period increases from a year to eighteen months. With court approval, after four months, a limited permit may be obtained with the installation of an ignition interlock device and enrollment in a clinical program or drug court.
After 8 months, the ignition device may be removed, but the license remains a limited permit. A driver may seek reinstatement after 18 months. The driver is required to complete the DUI Alcohol Use Risk Reduction Program and pay the required restoration fee.
Ultimately, Georgia DUI laws and their related penalties can be difficult to navigate, which is why it is always best to speak with a knowledgeable DUI defense attorney if you are facing criminal drunk driving charges. An experienced attorney can help review the circumstances of your arrest and explain your rights and options.
What Is DUI “Per Se”?
In the state of Georgia, DUI can be charged in two different ways:
DUI “Per Se” - if your BAC is 0.08% or higher, which leads to “rebuttable presumption"
- If the police officer can show that you are mentally and/or physically impaired
Do I Need an Atlanta DUI Attorney?
If you or someone you care about has gotten charged with a DUI, it's important that you take action immediately by consulting a professional. A lawyer will be able to help navigate you through the legal process, and ensure that you have the clarification and guidance that you need moving forward. Don't go through this alone, let our legal experts fight and support you.
Your DUI lawyer can help you in the following ways:
- Case Examination: You will need a legal expert to conduct an in-depth examination of your case. This will help to bring to the surface potential mistakes that may have been made in the evidence being used against you. Things to consider include whether there are flaws in chemical tests, or whether procedures followed in the lab were properly met.
- Collection Of Evidence: Your lawyer will be able to collect strong evidence to support your case. This is critical for helping you receive a favorable outcome for your case.
- Legal Clarification: Your attorney will be there to answer any questions that you may have. He or she will be able to provide you with the clarification that you need to move forward.
- Legal Advise: Your lawyer will advise you on the next best steps to take for your particular case. He or she will also provide you with information that will help you protect yourself.
- Representation: Your DUI attorney will represent you in court, and will negotiate and fight to protect your rights and your future.
Contact our DUI attorneys in Atlanta today to schedule an initial consultation and to get started.
Prepare for Your Hearing
If you've been arrested for drunk driving, it is important to understand your options and the process involved in preparing for your hearing. To learn how we can help you beat your conviction, contact an Atlanta DUI attorney today. We understand how a DUI conviction can complicate a person's life. If you've been arrested for a DUI, don't assume you can plead guilty or "no contest" and make the problem go away.
To learn how we can help you beat your DUI conviction, contact our Atlanta DUI defense attorney and set up your free consultation.
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.- James
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
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
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
Highest Praise I chose Nick after interviewing many criminal lawyers. It was the best decision I could have made.- Peter
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