Atlanta DUI Lawyer

60+ Years of Combined Experience on Your Side

Atlanta DUI attorney

If convicted for 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 lawyer in a FREE consultation.


Defense Against DUI Penalties

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.

You should also remember the following:

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, 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 a reinstatement after 120 days if he or she completes a DUI Alcohol Use Risk Reduction Program and pays a restoration fee.

License Suspension 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

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 us and set up your free consultation.


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