DUI Defense Attorney in Marietta GA
DUI Attorneys in Marietta Georgia
Need a Marietta DUI Lawyer? You’ve Come to the Right Place.
Jim Yeargan , a top-ranked DUI lawyer in Marietta, provides excellent defense for clients, thanks to his several years of experience. For almost 15 years, Jim has worked to support and defend DUI clients in an effort to win their cases, something he’s succeeded at time and time again. If you need a Marietta DUI lawyer, or you’re looking for a Marietta DUI lawyer in the the surrounding area, depend on Jim Yeargan and his dedicated staff. Jim serves clients in all of Cobb County.
When it comes to defending your rights in a DUI case, it’s important to take action. Contacting a dedicated, professional and reliable Marietta DUI lawyer is your first step. Jim Yeargan is able to provide help and support around-the-clock, every day of the year.
Marietta DUI Lawyer
When people are facing DUI charges, they often wonder if any lawyer will do or if they need to contact a Marietta DUI lawyer who specializes in DUI. While in certain cases it’s not important what type of lawyer you have, when it comes to DUI, you certainly want a specialist on your side. When dealing with DUI, the charges you’re up against are serious. It’s important to put your future in the hands of an experienced Marietta DUI lawyer who knows the ins and outs of local DUI cases.
When it comes to DUI lawyers in Marietta, there’s none better than Jim Yeargan . For years, he worked as a prosecutor in the same DUI courts where he currently defends his clients. Jim knows better than anyone else how the local DUI courts function. He’s familiar with area prosecuting attorneys and judges, as well as the system as a whole. He has the experience, skills and knowledge needed to fight your case. Since Jim Yeargan ’s offices specialize in DUI cases, he’s known as an expert in the field.
Marietta’s 30-Day DUI Warning
In Marietta, a person who is arrested for DUI has 30 calendar days to act in order to protect their right to drive. It’s integral to contact a Marietta DUI lawyer within this 30-day grace period. Ideally, the lawyer will be contacted immediately following the incident. Then, the Marietta DUI lawyer will file an Administrative License Hearing request.
If the request for the Administrative License Hearing is not filed right away, or at least within the 30-day period, your driver’s license will be automatically suspended. The suspension could last for as long as one year. This is why it’s so important to take action immediately.
As soon as you’re arrested for DUI, it’s important to contact Jim Yeargan . Our offices will immediately file the Administrative License Hearing request letter. This will help avoid suspension of your license. Call Jim Yeargan any time of the day or night, year-round.
The Truth About Marietta DUI
While nobody wants to lose their license, the consequences of a DUI in Marietta can go much further. If you’re convicted of DUI, you could permanently lose your license. You’ll also be required to pay large fines with penalties that could include jail time. Your driving record will be permanently affected, which could prevent you from getting a job in the future. Your insurance rates will also skyrocket. Additionally, there’s a social stigma attached with being convicted of DUI. Ultimately, getting convicted of DUI in Marietta will negatively affect several areas of your life, and some of these effects will be permanent.
Don’t Worry – Help Is Available
The very first thing to keep in mind if you’re arrested for DUI in Marietta is that you’re not in this alone; help is available. Don’t let the stress of the situation get in the way of clear thinking. By acting quickly and rationally, you could prevent a bad situation from turning worse. It’s important to get in touch with a skilled Marietta DUI lawyer right away so that you can put your case in their hands. Contact a reliable Marietta DUI lawyer with the right background to help you with your case.
Jim Yeargan Provides Successful DUI Defense in Marietta
With over 5,000 cases in Georgia under his belt, Jim Yeargan has a long list of satisfied clients. His glowing reviews can be seen on websites like AVVO and Yelp, among other places. Jim’s law offices are available 24 hours a day, every day of the week, 365 days a year. As soon as your arrest takes place, do not hesitate to contact him. There’s no need to face this situation alone.
Your Options for DUI in Marietta
While a lot of people think that if they’re arrested for DUI, they have to plead guilty in court, this is simply untrue. Simply being arrested does not automatically make you guilty! A qualified Marietta DUI lawyer can examine the details of your case and come up with a plan to make your future as bright as possible. You have a legal right to challenge the procedures that occurred during your arrest, as well as the reason why you were arrested in the first place and the evidence that’s used against you in court. However, you cannot do this alone, which is why it’s necessary to hire a Marietta DUI lawyer. Your lawyer will help you sort out the situation and approach the case from the best angle possible.
Your Marietta DUI Lawyer Will Be On Your Side
Jim Yeargan , an experienced Marietta DUI defense attorney, knows how the DUI law works in Marietta, not to mention all of Georgia. He will help you through the system as he protects your legal rights and minimizes any long-term effects of the case. DUI can be extremely complex, which is why it’s so important to work with an Marietta DUI lawyer who is experienced in the local courts. With almost 15 years of law experience on his side, Jim Yeargan is no stranger to Marietta DUI cases.
DUI Arrest in Marietta, GA
When a police officer suspects that you may be driving under the influence, they will stop your vehicle at a checkpoint or by pulling you over.
DUI Checkpoints and Roadblocks
When you’re arrested for DUI at a checkpoint or a roadblock, it’s important to know how the procedure works. These roadblocks, which are setup by law enforcement, have to meet certain legal guidelines. For example, they have to be approved beforehand and the vehicle checks have to be done at random. Since the guidelines are so strict and not always abided by, there are several ways that a checkpoint or roadblock can violate your rights.
If you’re arrested for DUI at a checkpoint or roadblock, it’s important to speak with an experienced Marietta DUI lawyer. Jim Yeargan and the rest of his team will evaluate exactly what took place during the arrest. They’ll determine if something that happened during the event could result in the dismissal of charges.
Getting Pulled Over for DUI
When you’re pulled over because you’re suspected of DUI, the police officer has to offer you a valid reason for pulling you over. For example, they may say that you were driving erratically or that you went through a red light. Simply saying that they suspected you of DUI is not enough.
If the police officer doesn’t present and record a valid reason for pulling you over, the arrest could be dismissed once it reaches court. A skilled Marietta DUI lawyer will explore this line of defense.
When a traffic stop has taken place, the police officer can check your sobriety if they suspect you’re intoxicated. They may suspect that you’re intoxicated because they see empty alcohol containers in the backseat or because they smell alcohol on your breath. The officer may request that you take a BAC test, a field sobriety test, or both. If you don’t pass the test that is administered, you may be arrested for DUI.
When you’re arrested for DUI, you’ll be allowed one phone call as you’re being processed for jail. It’s best to call your Marietta DUI lawyer so that they can start working on the case as soon as possible. Jim Yeargan is ready to fight for you to protect your rights, providing help every hour of the day, every day of the year.
DUI Field Sobriety Tests
In Marietta, once a driver has been stopped by a police officer, the officer may opt to test the driver if they feel that they’re driving under the influence of alcohol or another substance. One way that they’ll test the driver is via field sobriety tests. It’s a good idea to familiarize yourself with a field sobriety test in case you ever have to take one.
While field sobriety tests will vary here and there, they generally cover the same things. These physicals tests have the driver demonstrate their balance, dexterity and motor control. A driver who is under the influence of alcohols or another substances will often fail these tests, providing evidence to the officer that DUI is a concern.
Most people have seen an example of field sobriety tests in movies or on TV. The officer may ask you to walk in a straight line while touching the heel of one foot to the toes of your other foot. You may also be asked to recite the alphabet, to touch your nose with your finger, or to follow the officer’s flashlight with just your eyes without moving your head.
Usually, field sobriety tests are the first step towards determining if you should be arrested for DUI. When you fail a field sobriety test the officer will then ask you to submit to a portable breath test (PBT).
Most Marietta, GA, police vehicles have camera systems on the dashboard. These cameras record traffic stops in order to keep the public and the officers safe. Your field sobriety test will probably be filmed. The footage can then be used in court to show how well you did or did not perform the test.
Field sobriety tests aren’t always performed correctly. Even when they are carried out the right way, they still aren’t 100% accurate. The DUI attorneys at the offices of Jim Yeargan have a lot of experience with field sobriety tests and they’re familiar with proper administration as well as results interpretation.
When you work with Jim Yeargan and his team, you’ll have DUI defense attorneys who will make sure to examine all footage and evidence connected to your traffic stop, sobriety test and arrest. They will be able to determine if the tests were performed fairly and whether or not your rights were protected.
What to Expect from Blood and Breath Tests
Many police officers in Marietta will perform field tests as their sobriety tests. For example, they may have you recite the alphabet or walk in a straight line. However, the most accurate way to test a driver for their level of intoxication is by using a chemical test. These types of tests help determine how much alcohol is in the body. The two most common kinds of chemical tests: blood and breath.
A blood alcohol concentration (BAC) test provides strong evidence in court. It’s thought of as the most accurate type of sobriety chemical test. In Georgia, drivers are technically under the influence if they have a BAC over .08 percent when they’re over the age of 21. Under the age of 21, drivers are considered legally intoxicated if their BAC is over just .02 percent.
When a driver who is suspected of DUI is pulled over, they can refuse the BAC test. However, in Georgia, there’s something called the Implied Consent Law. The law says that if you accept and use a Georgia driver’s license, you’re implying that you’ll give consent for a BAC test when a police officer asks that you take one. When your refuse the BAC test, you could lose your driver’s license.
Multiple DUI Offenses in Marietta, GA
In Marietta, police officers are always on the lookout for drivers under the influence. Law enforcement is encouraged to make arrests when the officer suspects a driver of DUI. Since DUI cases are high-priority cases in Georgia courts, penalties for first-time offenders are severe.
First-Time DUI Offense
If you’re arrested and convicted of DUI in Marietta, you could face as much as $1,000 in fines, one year in jail and a suspended driver’s license for one year. You may also be required to perform community service hours or attend driver education courses.
If you’re arrested for DUI and it’s your first offense, don’t procrastinate when it comes to getting a DUI lawyer in Marietta. Get the right Marietta DUI lawyer to fight for you. Contact the offices of Jim Yeargan right away.
Second DUI Offense
Penalties are strict for first-time offenders and they’re even more strict for second-time offenders. A second Marietta DUI arrest can result in extra jail time, more strict financial penalties, additional community service and the loss of your license for as long as three years. Some people who are convicted of DUI have to have ignition interlock devices put on their vehicles once they’re allowed to drive.
Jim Yeargan and his team of DUI attorneys will help you if you’re facing a second Marietta DUI offense. Contact his office around-the-clock for a consultation.
Third DUI Defense in Marietta, GA
When you’re arrested three times for DUI, you may face serious consequences, including time in jail, community service, probation and driver’s license suspension. You could lose your right to drive for up to five years. Additionally, court costs and fines could cost up to $5,000. The long-term results of being arrested for DUI three times in Marietta are extreme. The charge will affect your employment opportunities, credit and lifestyle for years.
When facing a third DUI arrest in Marietta, it’s important to take it seriously. Contact a DUI lawyer who will take it just as seriously, too. Jim Yeargan will fight for your rights and work to save your future. The staff at Jim Yeargan offices are available any time of the day or night to take your call.
The DUI Court Process in Marietta
People who are facing a Marietta DUI charge have a lot of questions and concerns. Marietta DUI lawyer Jim Yeargan will keep you informed and protected every step of the way. During this time, you can also educate yourself on the basics of the DUI process, including how the legal system will unfold and what you can expect. This will help you to stay focused throughout the process.
In Marietta, traffic offenses, misdemeanor cases and local ordinance violations go through the municipal court. When you’re arrested for DUI by a member of the local police department or Georgia State Patrol, and the arrest takes place in Marietta, you’ll report to the Marietta municipal court.
Following your arrest, you’ll be given a sheet of paper, which is either your citation or your bond. The paper will include additional information, too, like the date and time of your arraignment.
The arraignment will take place in front of a judge. You’ll be asked if you’re going to hire an attorney or if you’ve already done so. The judge will explain your rights and the pleas you can make in response to the charges.
A guilty plea means that you’re legally responsible for the crime and that you committed the crime that you were charged with. When you plead guilty, the judge will give you your sentence. A plea of not guilty means that you deny having ever committed the crime that you were charged with. When you plead not guilty, you’ll be given another court date and your case will go to trial. No contest means that you’re not saying you’re guilty or not guilty, but that you’re not contesting the legal proceedings, either.
You have to be present at your arraignment, as well as any court dates you’re given, if you don’t have a lawyer. When you miss a court date, you’re charged with Failure to Appear. This can cause the Georgia Department of Driver Services to suspend your license. After you get a Failure to Appear notice, you’ll need to resolve the case and submit documentation to the Department of Driver Services within 28 days. Otherwise, the suspension will go into effect.
If you meet your Marietta court date, there are additional consequences to face. The judge at your trial may issue a bench warrant for your arrest. This means that you can be picked up and taken to jail at any time. You’ll need to pay a cash bond in order to get out of the warrant. At this time, you’ll be given a new court date. If you don’t appear in court at the second court date, you’re technically forfeiting and closing the case.
How Can a Marietta DUI Lawyer Help?
DUI cases in Marietta can be complex and highly consequential. It’s especially hard for people who don’t understand the legal system or what they’re up against. It’s important to fully protect your rights and to make sure that each and every detail is performed correctly. It’s necessary to contact a Marietta DUI lawyer as soon as you’re arrested.
Marietta DUI lawyer Jim Yeargan offers free consultations to potential clients, along with guidance throughout the proceedings. You’ll be in good hands even as you go through this difficult time and stressful court system.
In order to prepare a strong defense for your Marietta DUI case, your DUI attorney will need to access any and all arrest records. These will be obtained by the attorney from the agency that performed the arrest, like the Georgia State Patrol. Marietta police cars have recording equipment attached to them, which records both the visual and the audio of arrests. Your attorney may be able to use this footage in your favor. The footage will be examined, including how you were driving, the interactions between you and the office, and the field sobriety tests that you performed.
Along with the recordings of your arrest, your DUI attorney will also obtain copies of incidence reports that were filed by the officer in charge. These reports will include the writeup of the case, along with other important facts.
Through the discovery process, these records and reports will be made available to your attorney. The prosecutor is required to share information with the defense attorney so that both sides can prepare for trial.
Your attorney will go over written and recorded information to ensure that proper protocol was followed or whether your rights were violated at some point. Your Marietta DUI lawyer will also be able to tell you how your case will be looked at by the prosecution and by the judge. Experienced DUI attorneys have this information thanks to a familiarity with the local court system. Your DUI attorney will know how to proceed with your trial.
How DUI Lawyers Can Help You With Plea Deals
Sometimes, your DUI defense attorney will be able to setup a plea deal on your behalf. This type of deal happens when the defense attorney examines the arrest information and meets with the prosecution to come up with a deal. Together, they will decide on a sentence. The prosecution may be willing to reduce your sentence based on things like mitigating circumstances, good behavior or a clean criminal record. It’s common for a plea deal to be offered during a first-time offense, since your lawyer can argue that you made a one-time mistake and that you’re not at risk of making the same mistake again.
Usually, plea deals involve some type of conviction and repercussion. For example, you may be required to pay a fine or perform community service. An experienced DUI attorney will meet with the prosecution to determine the best outcome for both parties.
In many cases, especially if you’re not a repeat offender or if you have a good record, the prosecution may be happy to make a plea bargain because the trial isn’t worth the time and cost it would take. Often, this element will work in your favor. Lawyers who are familiar with the process can use this element to limit the long-term affects of your arrest.
DUI attorney Jim Yeargan has spent years prosecuting DUI cases. Today, he knows better than anyone how to approach these cases from the side of the defense. He’ll work hard on your behalf, relying on the experience he’s gained from negotiating hundreds of plea bargains for DUI clients.
If your DUI attorney tries to reach a plea deal with the prosecution but is not able to do so, your case will be scheduled for a trial. The trial will take place in front of a judge and also possibly in front of a jury. Trials that take place only in front of a judge occur in the local municipal court. Trials that take place in front of a jury will take place in the county court.
Pretrial Diversion Program
Sometimes, certain Marietta possession of marijuana, minor in possession of alcohol, and other cases qualify for the Pretrial Diversion Program. First-time DUI offenders who have a clean criminal record and have not had other issues with the law are often eligible for this program. You’ll take responsibility for the DUI charge, but it will not go on your permanent record.
Should you get the chance to participate in the Pretrial Diversion Program, you’ll be told the requirements you need to fulfill, such as the fee, random drug screenings, alcohol treatment programs and probation. If you fulfill these requirements, you will not have a charge on your permanent record. You’ll also avoid some of the harsher penalties you may have faced, like going to jail.
What Administrative Cases Mean For You
A high percentage of DUI cases involve both a criminal case and an administrative case. The administrative case takes place along with the criminal case. The basis of an administrative case is a state-based breathalyzer test, or refusal. If you took this test at the time of the arrest and your BAC was above the state limit, or if you refused to be given this test, your license could be suspended for up to one year.
It’s integral that you file an appeal in administrative court within 30 calendar days in order to avoid suspension. If you file the appeal successfully, the court will give you a date for an administrative hearing.
The administrative hearing is extremely important. Luckily, it’s also straightforward and you shouldn’t have much trouble understanding what’s going on. The hearing will cover certain concepts, like if the arresting officer had grounds for testing your BAC. It will also cover whether or not you were read your rights while being arrested and if the test was administered correctly.
The administrative hearing is technically separate from the DUI case, but it does impact it. It’s important to approach both the administrative and criminal cases with the guidance of an experienced DUI attorney.
When it comes to your DUI case, your future is at risk. It’s important to never underestimate the need for a quality DUI attorney. The offices of Jim Yeargan will work hard for you.
Other Things to Know About DUI in Marietta
When you’re arrested for DUI in Marietta, there are some unusual circumstances that may come up. In order to get through these situations successfully, you’ll want a Marietta DUI lawyer like Jim Yeargan fighting for you.
DUI for Under-21 Drivers
It’s illegal to consume alcohol under the age of 21 in Marietta, GA. Drinking alcohol and then driving compounds your punishments. When you’re arrested for DUI in Marietta and you’re under the age of 21, your BAC has to be over .02 percent in order to be charged. Unlike with regular DUI charges, you will not be given a driving permit to go to school or work. Jim Yeargan has experience defending underage clients against DUI charges.
If a Marietta driver who’s been arrested for DUI has a child who’s less than 14 years old in the vehicle, they will go up against child endangerment charges on top of the DUI charge. This area of the law comes with serious penalties, like loss of custody, financial fines and a criminal record. These charges also carry enhanced license suspensions.
DUI Also Includes Drugs
Driving under the influence isn’t only defined as driving after consuming alcohol. Other substances, like drugs, can result in a DUI charge as well. The drugs can even be legal. For example, if you have a prescription for medication from your doctor and that medication impairs driving, you could be convicted of a DUI. It’s important to take medication warnings seriously.
When it comes to drugs, there aren’t any set legal limits, as there are for alcohol and BAC. This part of the law is especially complex, which is why it’s so important to have a good DUI attorney on your side. You’ll need a trained Marietta DUI lawyer like Jim Yeargan to help build your case.
Marijuana Possession and DUI in Marietta
If you’re stopped by an officer, they may feel that you’re in the possession of marijuana based on the smell of your car or other giveaways. At this point, you could be arrested for DUI. If you have less than one ounce of marijuana in your possession, you may lose your driver’s license. You could have your license suspended for up to six months. This is a hard suspension with no limited driving permit.
When a person dies as the result of a car accident, everyone involved faces serious consequences in the future. If you were one of the drivers in the incident, your future could be seriously affected. It’s important to have a skilled Marietta DUI lawyer who will handle the case.
When a car crash in Marietta results in a death, it’s typical for everyone to be tested to determine their BAC. If law enforcement finds that drugs or alcohol played a role in the accident, the person who was under the influence could be charged with vehicular homicide.
If you’re facing serious charges and you need help, contact the offices of Jim Yeargan right away. It’s important to protect yourself and your future by putting your case in the hands of a professional Marietta DUI lawyer.
Act Now for Help With Your DUI Case
Contact us today. We’re available any time of the day, seven days a week, 365 days a year. Don’t wait to get in touch with a DUI attorney – act now.
Our Marietta DUI Lawyers
James Yeargan is one of the most respected, and sought after DUI attorneys in the state. He is the Marietta DUI Lawyer.
A highly successful and effective criminal law attorney, Ms. Kert has handled more than 1,000 DUI cases, and served for eight years as a DUI Prosecutor and is intimately familiar with all the maneuvers and strategies prosecutors and police officers use in Georgia DUI cases.
John F. Gilkey is our Paralegal and is the first point of contact for our clients as they enter the office.
Jon Majeske joined the firm after spending 10 years in private practice defending high profile, and serious felony cases. In addition to handling hundreds of traffic tickets and DUI cases Jon has tried and won numerous rape, kidnapping, armed robbery, aggravated assault,burglary, trafficking, and capital murder cases.