What to Do If You’re Pulled Over for DUI in Marietta
If you’re pulled over for DUI in Marietta, what you do in the next few minutes can affect the outcome of your entire case. I’ve represented many people in Cobb County and throughout Georgia who made avoidable mistakes during a DUI stop. It’s natural to feel scared or unsure, but staying calm and understanding your rights is the best way to protect yourself. Georgia’s DUI laws are strict, and officers are trained to look for specific signs of impairment from the moment they approach your vehicle. You need to be aware of your legal rights, your options, and how the choices you make could impact your freedom, your license, and your future.
What The Officer Is Looking For During A DUI Stop
When an officer pulls you over, they are observing everything—how you respond, how you speak, whether you smell like alcohol, and how your eyes look. They will ask questions like “Have you been drinking tonight?” and may ask you to step out of the vehicle for field sobriety tests. These are voluntary. Georgia law does not require you to perform roadside field sobriety tests like the walk-and-turn, one-leg stand, or horizontal gaze nystagmus. These tests are subjective and can be used to justify an arrest even when you’re sober.
You have the right to politely decline these tests. You also have the right to remain silent, other than giving your name, license, registration, and proof of insurance.
Understanding Georgia’s Implied Consent Law
Georgia’s implied consent law (O.C.G.A. § 40-5-55) says that by driving in the state, you agree to submit to chemical testing (breath, blood, or urine) if you’re lawfully arrested for DUI. The officer must read the implied consent notice to you after the arrest and request a state-administered test. Refusing this test can result in a license suspension of one year with no eligibility for a limited permit.
It’s important to know that this chemical test is not the same as the roadside breath test given during the traffic stop. The roadside test is preliminary and can be refused without the same consequences. The state-administered test, however, is more serious and tied directly to your driving privileges.
What Happens If You Refuse The Test
If you refuse the state chemical test, your license can be suspended even if you aren’t convicted of DUI. You’ll receive a DS-1205 form at the time of the arrest. You then have 30 days to request an ALS (Administrative License Suspension) hearing or apply for an ignition interlock device permit. If you do nothing within that window, your license suspension becomes automatic.
As your attorney, I would immediately file for a hearing to challenge the suspension and buy time to fight the DUI charge itself.
The DUI Arrest Process In Marietta
If you’re arrested, you’ll likely be taken to the Cobb County Adult Detention Center. You may be booked, fingerprinted, and either released on bond or held until your first court appearance. The DUI case then proceeds through the Marietta Municipal Court or Cobb County State Court, depending on how the case is charged.
A first DUI offense in Georgia (O.C.G.A. § 40-6-391) carries penalties including:
- Up to 12 months in jail
- Fines of $300 to $1,000
- Mandatory DUI school
- Community service
- License suspension
- Probation
Penalties increase for repeat offenses or if aggravating factors are involved, such as a child in the vehicle or a high blood alcohol concentration (BAC).
How A DUI Defense Lawyer Can Help
When clients come to me after a DUI arrest, I look at the stop, the arrest, and the evidence carefully. Was the stop lawful? Were field sobriety tests administered properly? Was the implied consent warning given correctly? Was the breath test device maintained and calibrated as required by Georgia law? All of these details matter.
In many cases, DUI charges can be reduced or dismissed, especially if there are flaws in the way the stop or arrest was handled. Some cases qualify for entry into a diversion program or a reduced plea to reckless driving.
Your Next Steps After A DUI Arrest
If you’ve been arrested for DUI, here’s what I recommend:
- Write down everything you remember about the stop and arrest as soon as possible.
- Make a copy of the DS-1205 form if you received one.
- Avoid talking to the police or prosecutor without a lawyer present.
- Call my office immediately to schedule a consultation.
Time is critical. You have rights, but they must be protected early in the process.
DUI Defense Frequently Asked Questions
What Should I Say If An Officer Asks If I’ve Been Drinking?
You’re not required to answer that question. You can politely say, “I’d prefer not to answer without an attorney present.” Anything you say can be used against you in court.
Is It Better To Take Or Refuse The Breath Test After Arrest?
That depends on the circumstances. Refusing the state-administered test leads to a one-year license suspension with no limited permit. Taking the test may provide evidence for the prosecution, but refusing can also be used as evidence of guilt. Every case is different, and I review each client’s situation carefully.
Will I Lose My License After A DUI Arrest In Georgia?
You can lose your license through an administrative suspension if you refuse the chemical test or test over the legal limit. You must act within 30 days to request a hearing or apply for an ignition interlock permit. If convicted, your license can also be suspended based on the court’s sentencing.
What Is The Legal Blood Alcohol Limit In Georgia?
For drivers over 21, the limit is 0.08%. For commercial drivers, it’s 0.04%. For drivers under 21, Georgia has a zero-tolerance policy, meaning a BAC of 0.02% or higher can result in a DUI charge.
Can A DUI Be Reduced To Reckless Driving In Georgia?
Yes, in some cases. Prosecutors may agree to reduce a DUI to reckless driving, especially if the evidence is weak or it’s a first offense. A reduction avoids mandatory license suspension and may have less impact on insurance and employment.
Do I Have To Do Field Sobriety Tests During A DUI Stop?
No. Field sobriety tests are voluntary in Georgia. You cannot be penalized for refusing them, though the officer may still arrest you based on other observations. These tests are often used to build a case against you, so refusing may be in your best interest.
How Long Does A DUI Stay On My Record In Georgia?
A DUI conviction stays on your criminal record permanently and cannot be expunged under Georgia law. That’s why fighting the charge is so important. A conviction can affect employment, insurance rates, and future legal matters.
Should I Hire A Lawyer For A First-Time DUI?
Yes. Even a first DUI can carry serious penalties. A lawyer can help you understand your rights, challenge the evidence, and work toward the best possible outcome—whether that’s dismissal, reduction, or minimized penalties.
What Happens At The ALS Hearing?
At the ALS hearing, we challenge the administrative suspension of your license. We question the legality of the stop, whether the implied consent notice was read properly, and whether testing was done correctly. Winning this hearing can help keep your driving privileges while the criminal case proceeds.
Call A Marietta DUI Attorney Who Knows How To Fight Your DUI
If you’ve been arrested for DUI in Marietta or anywhere in Georgia, your next steps matter. At The Mazloom Law Firm, LLC, we understand the local courts, the law, and how to build strong defenses. We’re here to protect your rights and help you move forward.
Call the Marietta DUI defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837 to receive your free consultation. We serve clients in Marietta, Atlanta, and throughout Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties in Georgia.
