DUI Attorney in Metro Atlanta

The Atlanta Police Department takes great pride in identifying and apprehending suspected drunk drivers throughout the city. They knows that with a somewhat limited public transportation system in MARTA & a social scene that often revolves around drinking, drivers may be tempted to get behind the wheel after indulging in a few adult beverages. A driver could be coming from a nightclub in Buckhead, a kickball game in Piedmont Park followed by drinks in Midtown, a craft beer event in Virginia Highlands, a Braves Game at Turner Field, or a concert at Phillips Arena when he or she sees the dreaded blue lights in the rearview mirror.

Drivers should remain constantly aware that whether they realize it or not, various law enforcement agencies patrol Georgia's capital hoping to spot drunk drivers & make an arrest for DUI. The Atlanta Police Department employs a DUI Task Force, which specializes in the detection of drunk drivers & the enforcement of DUI laws & related traffic offenses.

The Georgia Department of Public Safety's Nighthawks DUI Task Force also covers the city of Atlanta looking for intoxicated drivers – and that intoxication can be from alcohol, prescription drugs, or illegal drugs like marijuana, cocaine, or meth. This task force operates with high efficiency due to its specialized training, allowing officers to quickly recognize and accurately determine levels of impairment. The Governor's Office of Highway Safety funds the aggressive Nighthawks DUI Task Force, which is the most highly trained collection of DUI law enforcement officers in the state.

Understanding Georgia’s DUI Laws & Consequences

In Georgia, DUI laws are stringent and aim to deter impaired driving by imposing severe penalties. A first-time DUI offense can result in license suspension, fines, mandatory community service, or even imprisonment. The state mandates an Administrative License Suspension (ALS) hearing, which can determine the status of your driving privileges even before your criminal case is resolved. Understanding these laws is critical for forming a robust defense.

Defensive Strategies for DUI Cases in Metro Atlanta

Defending against DUI charges in the Metro Atlanta area requires a strategic approach that considers both legal intricacies and the client's individual circumstances. Our method involves a thorough examination of the arrest process, testing methodologies, and evaluating police reports for inconsistencies. Our team’s background in prosecutorial and defense roles empowers us to anticipate and counter prosecutorial strategies effectively.

Frequently Asked Questions About DUI In Metro Atlanta

What is DUI?

Drunk driving is commonly called DUI in Georgia; in other states, it is known as DWI, or Driving While Intoxicated. In some areas, it's called OWI, or Operating While Intoxicated. In Georgia, it is a crime to operate a motor vehicle while under the influence of an alcoholic beverage if it makes you a less safe driver, with a blood-alcohol content (BAC) of .08 or above, or with any amount of a controlled substance in the blood or urine.

The law provides that it is always illegal to drive while your BAC is .08 or above. This is commonly thought to mean two drinks or so, but BAC can vary widely and depends on a person's sex, height, weight, and many other factors. A person under 21 years of age may face DUI charges if they have a blood-alcohol content of .02 or more.

However, you can also be charged if your BAC is below .08 if the police say you were a less safe driver because you were drinking. For instance, even if your test result returns a .07 BAC, the police officer can still say you were slurring your words, seemed disoriented, and did poorly on the field sobriety tests, which may be evidence against you.

The law is particularly hard on those charged with DUI and drugs. If a test shows any drugs in your system, you may face DUI charges, despite the fact that some substances stay in a person's system for weeks, long after any effect can be felt. Understanding the nuances of these laws can be crucial for defending oneself effectively in court. With professional guidance, accused individuals can navigate these complexities and better understand their rights and possible defenses.

Can I Still Fight My DUI Charge Even If I've Failed a Field Sobriety Test?

Yes. Even if you failed a field sobriety test, you may still have grounds for a strong defense. Officers make mistakes when administering field sobriety tests, including the one-leg stand, the horizontal gaze nystagmus, and the walk-and-turn test. Field sobriety tests can be highly subjective and depend significantly on the officer's judgment at the moment. Factors such as uneven ground, poor lighting, or even the stress of the situation can cause a person to fail a test regardless of their sobriety.

Even sober people can fail these tests due to nervousness, physical impairments, fatigue, inner ear problems, and other reasons. A well-crafted DUI defense can be built by demonstrating that field sobriety test results are incorrect because the tests were administered improperly, or there were other justifiable reasons why someone performed poorly. An experienced lawyer can scrutinize every aspect of the test and arrest process to uncover inconsistencies or errors that could work in the defendant's favor.

What Happens When a Police Officer Suspects That a Driver Is Under the Influence?

After a police officer stops a vehicle, he or she typically asks the driver for their license. Officers are trained to use this opportunity to make several observations of a possibly impaired driver: the strong odor of alcohol on the driver's breath, a flushed face, bloodshot and watery eyes, and slurred speech. Observations are often contextual, and how they are documented can affect the case's outcome. Skillful legal representation can help ensure these observations are evaluated critically.

Based on these initial observations, the officer can have reasonable suspicion that the driver is under the influence and can legally detain the driver for the purpose of conducting field sobriety exercises. However, this process must adhere strictly to protocol. Any deviation can potentially be used to challenge the resulting charges. Understanding your rights during a stop can significantly impact how such an encounter unfolds and its subsequent legal proceedings.

Is DUI Called Different Things in Different States?

Here in the state of Georgia, DUI stands for driving under the influence. Other states, however, use different terms to denote the same thing. DWI stands for driving while impaired or driving while intoxicated. OWI stands for operating while impaired. OVI stands for operating a vehicle under the influence. DUII stands for driving under the influence of intoxicants. Knowing the terminology helps in understanding the charges you may face, especially if charges occur out of state, where a local lawyer's assistance can be invaluable in comprehending and addressing the specific legal landscape there.

What Is an Ignition Interlock Device?

Ignition Interlock Devices are seldom required for a first-time DUI. The Ignition Interlock Device is an in-car alcohol breath screening device connected to the ignition system. Once installed, the person must blow into it and pass a breath test in order to start the vehicle. The Ignition Interlock Device also requires random breath samples to keep the engine working. These systems not only aid in preventing incidents but also serve as a cautionary reminder of the legal and social responsibilities tied to driving. Various companies produce Interlock systems, each with specific features designed to enhance safety and compliance.

Can a Police Officer Stop a Vehicle for Any Reason?

With the exception of a lawful checkpoint that meets constitutional muster, to lawfully stop a vehicle, a police officer must have either probable cause to believe that a traffic infraction has occurred (such as speeding, running a stop sign, or failing to maintain a lane). It is important to recognize that not every traffic stop will legally justify a further investigation for DUI. A police officer must have either probable cause or reasonable suspicion because the act of stopping a vehicle is a seizure, and the 4th Amendment to the United States Constitution protects against unreasonable searches and seizures. In cases where a stop is potentially unjustified, challenging the legality of the stop can be a viable defense strategy, potentially resulting in the dismissal of the charge.

What to Expect in Metro Atlanta Courts for DUI Offenses

Understanding the workings of Metro Atlanta courts is essential for anyone facing DUI charges in this region. The court system here is brisk and efficient, handling a significant volume of cases daily. This efficiency means that both preparation and timing are crucial. Arriving with the right documents and a clear understanding of court procedures can significantly affect the proceedings. Familiarity with local judges and prosecutors can also be beneficial in negotiating terms or pre-trial diversions, which might avert harsher penalties.

Understanding Georgia's Implied Consent Law & Its Implications

In Georgia, the Implied Consent Law mandates that drivers submit to chemical testing when suspected of drunk driving. Refusal to comply can result in automatic license suspension, complicating legal battles and imposing immediate lifestyle restrictions. It's vital to understand this law, as failing to adhere can escalate charges and penalties. Expert legal guidance is essential to navigate these scenarios and to protect one’s driving privileges during the legal process.

Local Community Impact & Engagement in DUI Prevention

The impact of DUI charges extends beyond the individual, affecting families and communities in Metro Atlanta. DUI awareness programs and community engagement initiatives are vital parts of ongoing efforts to improve road safety. By participating in these initiatives, individuals not only fulfill community service requirements but also contribute positively to public safety. The Sherman Law Group encourages involvement in such programs, recognizing the dual benefits of compliance and community support.

We Are Your Local Atlanta DUI Lawyers

The Atlanta Municipal Court is, as you might expect, the largest municipal court in the state of Georgia. With its size and massive caseload, dealing with the Atlanta Municipal Court requires a unique set of tactics and strategies for a successful DUI defense. Handling cases in such a significant court demands profound preparation and understanding of local legal intricacies.

At the The Sherman Law Group, we know what it takes to achieve the best possible outcome for our clients in Atlanta Municipal Court. We are proud of our reputation as strong client advocates. Our approach is tailored to meet the unique circumstances each client faces, ensuring personalized legal plans are designed to achieve the most favorable outcomes. We realize that in their most trying times, people do not need an attorney who is going to judge them for their alleged wrongdoings. What they need is someone who achieves results. William & Valerie Sherman offer straightforward advice to get their clients moving in the right direction. Our results-driven approach to handling DUI cases aims to allow our clients to emerge from their difficult situations with the least possible negative impact on their lives.

We Served as a Former Magistrate Judge, Assistant Attorney General & Senior Assistant County Attorney

As a former Assistant County Attorney and Assistant Attorney General, William H. Sherman knows how prosecutors think. This knowledge allows for preemptively addressing potential prosecutorial arguments, effectively working to blunt their impact in court. With years of experience as a DUI defense attorney, Mr. Sherman has utilized his knowledge and experience in countless successful DUI defenses. Attorney Valerie Sherman's tenure as a Magistrate Judge and Assistant County Attorney has also proven extremely valuable throughout her time defending clients charged with drunk driving. Known for her analytical skills and firm understanding of DUI law, Valerie Sherman is recognized by clients and peers alike for her commitment to legal excellence. When you need an Atlanta DUI lawyer, we are always ready for you.

With experience on both sides, as prosecutors and defense attorneys, William & Valerie Sherman understand how prosecutors think and know what it takes to get the best results for their clients in the Atlanta Municipal Court. Above all else, however, we are proud that our clients consider us the "best DUI lawyers in Atlanta." This dual perspective ensures that all defense strategies are not just strong, but also anticipatory of prosecution tactics, equipping us to provide robust representation for all of our clients.

Contact an experienced Metro Atlanta DUI attorney at The Sherman Law Group today.