A DUI arrest can put your driver’s license, freedom, finances, and future at risk. If you have been charged with driving under the influence in Marietta or elsewhere in Cobb County, Waid Law Firm, LLC can help you understand the charges against you and build a defense based on the facts of your case.
Attorney Addison Waid is a former prosecutor who understands how the State investigates and prosecutes criminal cases. Today, he uses that experience to defend individuals accused of DUI and other criminal offenses throughout Cobb County and Metro Atlanta.
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Experienced Counsel. Personal Attention. Powerful Defense.
Waid Law Firm, LLC is conveniently located at 399 Washington Ave NE in Marietta, Georgia, near Downtown Marietta and the historic Marietta Square. The office is close to Glover Park and easily accessible from major local streets including Cherokee Street, Lawrence Street, and Cole Street. Its central Marietta location provides convenient access for clients from surrounding Cobb County communities, including Smyrna, Kennesaw, Acworth, Powder Springs, Austell, and Mableton.
If you have been arrested for DUI, acting quickly is important. In addition to the criminal case, you may also face an administrative driver’s license suspension with strict deadlines.
Call Waid Law Firm, LLC at 470-458-9866 to speak with a Marietta DUI defense lawyer about your case.
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DUI Charges in Georgia
Georgia law allows DUI charges to be brought under several different theories. A person may be accused of DUI based on alcohol, drugs, prescription medication, or a combination of substances.
DUI Per Se
A driver age 21 or older may be charged with DUI per se when their blood alcohol concentration is 0.08 or higher within the time period established under Georgia law.
Although a chemical test result can be important evidence, a BAC reading does not automatically mean that a person will be convicted. The prosecution must still prove the case beyond a reasonable doubt, and the accuracy and admissibility of breath or blood testing may be challenged.
DUI Less Safe
Georgia prosecutors can also bring a DUI case without proving that the driver’s BAC was 0.08 or higher.
In a DUI less safe case, the State attempts to show that alcohol or another substance impaired the person to the extent that they were less safe to drive.
Evidence may include:
- Driving behavior
- The officer’s observations
- Statements made during the traffic stop
- Field sobriety test results
- Body-camera or dash-camera footage
- Physical appearance or behavior
- Evidence of alcohol or drug consumption
Because less-safe cases often depend heavily on an officer’s observations, the details surrounding the traffic stop and arrest can be especially important.
DUI Involving Drugs or Prescription Medication
DUI charges are not limited to alcohol.
A driver may be charged with DUI based on illegal drugs, marijuana, prescription medication, or a combination of drugs and alcohol. Even legally prescribed medication can potentially result in DUI charges if prosecutors claim that it impaired the person’s ability to drive safely.
Drug DUI cases can involve complicated questions regarding toxicology testing, prescription history, the amount of a substance present, and whether the evidence actually proves impairment.
A Marietta DUI defense attorney can examine the scientific evidence and determine whether the prosecution can establish each element of the charge.
Challenging the Evidence in a DUI Case
An arrest is not the same as a conviction. DUI cases often involve evidence that can and should be carefully examined.
Possible defenses depend on the circumstances of the case but may involve challenges to the traffic stop, field sobriety tests, chemical testing, or police procedures.
Was the Traffic Stop Lawful?
Police officers must generally have a lawful reason to stop a vehicle.
A DUI attorney can review dash-camera footage, body-camera footage, police reports, witness accounts, and other evidence to determine whether the officer had a valid basis for the stop.
If constitutional rights were violated, the defense may seek to have improperly obtained evidence excluded.
Were Field Sobriety Tests Reliable?
Field sobriety tests are commonly used during DUI investigations, but their results may be affected by factors unrelated to intoxication.
These may include:
- Medical conditions
- Physical injuries
- Uneven pavement
- Poor lighting
- Weather
- Footwear
- Fatigue
- Nervousness
- Confusing instructions
An attorney can evaluate whether the tests were administered properly and whether the officer’s conclusions were supported by the evidence.
Can Breath or Blood Test Results Be Challenged?
Chemical testing is often central to DUI prosecutions, but these tests are not beyond challenge.
Potential issues may involve:
- Improperly maintained or calibrated equipment
- Testing errors
- Improper procedures
- Problems with sample collection or storage
- Chain-of-custody issues
- Medical conditions
- Medications
- Constitutional violations
Waid Law Firm can examine the testing process and determine whether the results may be challenged or suppressed.
DUI Arrests and Driver’s License Suspensions
A DUI arrest can create two separate legal problems: the criminal DUI case and the administrative driver’s license suspension process.
These proceedings are separate. Even if you successfully challenge an administrative suspension, the criminal DUI case may continue. Likewise, avoiding an administrative suspension does not necessarily prevent license consequences if you are later convicted.
The 30-Day ALS Deadline
If an officer issues a DDS-1205 notice after a DUI arrest, you may have only 30 days to request an Administrative License Suspension hearing.
The DDS-1205 may also serve as a temporary driving permit for approximately 45 days. However, waiting until that temporary permit expires may cause you to lose the opportunity to challenge the suspension.
An ALS hearing may address issues such as:
- Whether the officer had reasonable grounds for the arrest
- Whether the arrest was lawful
- Whether implied consent procedures were followed
- Whether the driver refused chemical testing
- Whether testing procedures were properly followed
- Whether the test equipment and operator met legal requirements
Because these deadlines arrive quickly, speaking with a DUI lawyer as soon as possible after an arrest can be important.
DUI Refusal Cases
Refusing a requested chemical test can result in serious driver’s license consequences.
However, a refusal case may still be challenged. An attorney can review whether the officer properly explained implied consent rights, whether a refusal actually occurred, and whether the underlying traffic stop and arrest were lawful.
Even without a chemical test, prosecutors may still attempt to prove DUI using driving behavior, police observations, field sobriety tests, video footage, and statements made by the driver.
Penalties for DUI in Georgia
Penalties generally increase for repeat DUI convictions.
A first DUI conviction may result in fines, jail time, probation, community service, a DUI Risk Reduction Program, and driver’s license consequences.
A second or third DUI conviction within the applicable statutory period can lead to longer jail sentences, increased fines, additional community service, treatment requirements, ignition-interlock restrictions, and more serious license consequences.
A fourth qualifying DUI conviction within 10 years may be prosecuted as a felony and can carry a prison sentence, substantial fines, probation, community service, and long-term driver’s license consequences.
The exact penalties depend on the circumstances of the offense and the person’s prior record.
Other DUI-Related Charges
Waid Law Firm can represent clients in DUI matters involving:
- DUI less safe
- DUI per se
- DUI drugs
- Prescription medication
- Underage DUI
- Chemical test refusals
- Repeat DUI offenses
- DUI accidents
- Serious injury
- Child endangerment allegations
- Probation violations
- Out-of-state drivers charged in Georgia
Cases involving accidents, injuries, children in the vehicle, or prior DUI convictions may carry additional consequences and require an aggressive defense strategy.
Why Choose Waid Law Firm for a Marietta DUI Case?
Attorney Addison Waid brings experience from both sides of the criminal justice system. As a former prosecutor, he understands how criminal cases are investigated, evaluated, and presented by the State.
Waid Law Firm provides clients with:
- Former-prosecutor insight
- Direct attorney involvement
- A focused criminal defense practice
- Local representation in Marietta and Cobb County
- Individualized defense strategies
- Clear communication throughout the case
Every DUI case is different. The defense should be based on the specific evidence, police conduct, testing procedures, and circumstances surrounding the arrest.
Types of DUI Charges in Georgia
Under Georgia Code 40-6-391, DUI can be charged in several ways if the driver is:
DUI Per Se (Alcohol)
Georgia Code 40-6-391(a)(5) states that a person shall not drive or be in actual physical control of any moving vehicle while the person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended.
While there is no such thing as a “legal limit” in Georgia, if a driver has a blood or breath alcohol content (BAC) of 0.08 grams or more of alcohol in his system, then there is a presumption of impairment. This presumption does not mean you are guilty. This type of case, just like all criminal cases, requires the State to prove your guilt beyond a reasonable doubt.
DUI Less Safe (Alcohol or Drugs)
The State can still prosecute DUI cases without a chemical test. These cases are commonly referred to as “less safe” DUI cases. In other words, the prosecutor is trying to prove that a driver was impaired to an extent that it made him less safe to drive.
Georgia Code 40-6-391(a)(1) provides that a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.
Simply put, “less safe” means that the person was under the influence of alcohol to the extent that it was less safe for the person to operate a motor vehicle than if he were not so affected. In other words, the driver has been so affected by the intoxicant that it has adversely affected his operation of the motor vehicle. This is the level of proof that is required for a conviction. It is not enough that the evidence merely shows the defendant drank some alcoholic beverage and was affected to any extent whatsoever.
It is important to note that the State can prosecute people for DUI-Less Safe under theories other than alcohol intoxication. According to Georgia Code 40-6-391(a)(2) through (a)(4), in addition to alcohol, a person can be prosecuted for driving or being in actual physical control of a moving vehicle for being:
- Under the influence of any drug to the extent that it is less safe for the person to drive;
- Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; and
- Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive.
DUI Drugs
Georgia Code 40-6-391(a)(6) states that a person shall not drive or be in actual physical control of any moving vehicle while there is any amount of marijuana or a controlled substance, as defined in Georgia Code 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.
Unlike a DUI Less Safe case, the State is not required to prove the defendant was under the influence of the drug to the extent that it made him less safe to drive. Instead, this type of DUI case is more similar to a DUI Per Se alcohol case. To convict a person under Georgia Code 40-6-391(a)(6), the State only needs to show that there was the presence of marijuana or an illegal controlled substance in the person’s blood or urine.
It is critical to note that even legally prescribed drugs can result in DUI charges if they impair your ability to drive safely.
Breath & Blood Test Challenges
While breath tests are central to many DUI prosecutions, they are not foolproof. Test results can be challenged due to:
- Uncalibrated or malfunctioning devices
- Improper procedures or untrained operators
- Medical conditions, diet, or medications
- Violations of your constitutional rights
Our firm routinely files motions to suppress faulty test results and challenges the admissibility of tests in court.
Different Types of License Suspensions
It is essential to keep in mind that Georgia law imposes two types of suspensions in DUI cases. The first type is the Administrative Suspension (ALS). However, even if a person was able to avoid the ALS suspension, they may still be subject to a license suspension if they are convicted in their DUI case.
That is one of the many reasons why it is so critical to have a seasoned attorney at your side if you have been charged with DUI.
If you’re facing DUI charges in Georgia, your license, freedom, and future are on the line. At the Waid Law Firm, we provide aggressive DUI defense rooted in experience, from both sides of the courtroom. As a former prosecutor and Marine Corps veteran, Attorney Addison Waid knows how DUI cases are built—and how to break them down.
Reach Out To A DUI Defense Lawyer in Marietta
A DUI arrest can have immediate and long-term consequences, but you still have the right to challenge the charges against you.
The sooner your case is reviewed, the sooner an attorney can evaluate the traffic stop, field sobriety testing, chemical test results, implied consent procedures, and potential driver’s license issues.
If you have been arrested for DUI in Marietta, Smyrna, Kennesaw, Acworth, Powder Springs, Austell, Mableton, or elsewhere in Cobb County, contact Waid Law Firm, LLC.
Contact Waid Law Firm, LLC today at 470-458-9866 to discuss your case with a Marietta DUI defense lawyer.
