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Over 2500 Cases Successfully Handled

Atlanta DUI Attorney

Serving Georgia With Over 24 Years of Experience

When someone is accused of driving under the influence of alcohol or drugs, they are facing a challenging moment that can change the rest of their life. A DUI conviction is often accompanied by jail time, fines, and a suspended or restricted license. If you have been arrested for DUI in Atlanta or the surrounding area, it is crucial that you contact an Atlanta DUI lawyer as soon as possible after your arrest. Keys and alcohol

Contact the Atlanta DUI Attorney at Abt Law with over 24 years of experience. Call today at (678) 582-2272 to begin defending your future.

Georgia’s 30-Day Letter Requirement

Until recently, Georgia required that those who have been accused of a DUI file an appeal within 10 days of their arrest. The state recently changed this law to feature a 30-day requirement. This limit means that those accused of a DUI have only 30 days to obtain the help of an Atlanta DUI attorney and appeal the suspension of their license.

Penalties for Specific Violation Amounts

Like many other states, penalties for DUI charges are influenced by how many times an individual has been convicted of a DUI in the past.

First-time offenses:

  • Up to 1 year in jail
  • Up to one year of license suspension
  • Fines up to $1,000

Second-time offenses:

Third-time offenses:

  • Up to one year in jail
  • Up to 5 years of license suspension
  • Fines up to $5,000
  • Installation of IID

Fourth-time offenses:

  • Up to 5 years in jail
  • Up to 5 years of license suspension
  • Fines up to $5,000
  • Installation of IID

If you are facing a fourth DUI offense, it will be charged as a felony, so you’ll need the defense of an experienced attorney who will fight to acquit you or have your charges reduced or dropped. However, you should not hire an attorney only for felony DUI charges. Every DUI charge benefits from the help of an Atlanta DUI lawyer. An attorney will ensure that your rights are protected and will fight to make sure you do not lose your driving privileges.

DUI charges can damage your ability to make a living and may even harm your reputation in the community—our firm will fight to protect your name and freedom.

Defenses to Georgia's Implied Consent Laws

When facing driving under the influence (DUI) charges, there are many different things that could have happened, including a refusal to submit to a breath, blood, or urine test at the time of arrest. Although Georgia has an implied consent law, where a person can have a license suspended for a year or more for refusing to submit to the test, there are defenses available to this refusal, including the following:

  • The arresting officer failed to read the Implied Consent Notice – There are different notices depending on whether the driver is over 21, under 21, or a commercial driver. The police officer must have provided the appropriate message before requesting that the driver submit to the test. If he failed to provide this notice, then the refusal may not be used as a basis for the suspension of a license;
  • The arresting officer did not place the driver under arrest before reading the Implied Consent Notice – Unless it is not possible because the driver has been injured or there is some other compelling reason that prevents placing the driver under arrest, the arrest must take place before the notice is read;
  • The arresting officer must not take shortcuts – the notice must be read in its entirety and not presented in a shortened form. If it is not, the officer has not provided sufficient information for the driver to make an informed consent;
  • There must be a provision of notice for each test – the arresting officer has the right to determine the type of test to which a driver must submit, such as a breath test or blood test, but if the officer asks the driver to take a breath test at the scene and then asks the driver to submit to a urine test, the notice must be read again. A driver is deemed to have refused a test if he requests a different test than the one to which the officer asked him to submit;
  • The driver did not understand the notice – if a person does not understand English and the officer did not make any attempt to provide the notice in a way the person could understand, then the person may not be found to have refused consent. In addition, if a person is in a physical state where he could not understand the notice, such as incapacitated after an accident, then it is possible to argue that there was no refusal;
  • The officer provided misleading information – there are times when an officer may make statements such as taking the test is the best way to get released from custody; or
  • The driver rescinded his refusal – if the driver changes his mind quickly and requests to submit to the test, then this may negate the initial refusal. The driver must be clear about the rescission and do so quickly after the initial refusal, where the delay would not have resulted in any substantial difference in test results.

A refusal to submit to a chemical test does not mean that there is no evidence to prosecute a driving under the influence case. The refusal itself can be introduced as evidence that the driver was under the influence and was aware of the legal implications of his blood alcohol content (BAC). However, there are many ways to fight against this evidence, with the help of a skilled and tenacious Atlanta DUI attorney.

Contact Our Experienced Atlanta DUI Attorney Today at (678) 582-2272

Abt Law Firm is based in Atlanta and serves the surrounding areas, including DeKalb, Gwinnett, Fulton, Cobb, Clayton, Cherokee, Forsyth, Douglas, Rockdale, Newton, Henry, Walton, and Hall counties. Over the last two decades of legal practice, Mr. Abt had developed a relationship with prosecutors throughout the area. They know him as a capable attorney and respect his authority in the courtroom.

Contact E. Jay Abt today by calling (678) 582-2272. Your future relies on your decisions today, don’t delay!

Giving Our Clients 
A Future

Our Successful Case Results
  • Bank Manager Allegedly Stole Diamonds & Cash All Charges Dismissed
  • Basketball Coach Charged with Child Molestation Not Guilty On All Charges
  • Vehicular Homicide All Charges Dismissed
  • Police Officer Falsely Accused of Computer Fraud & Theft Not Guilty On All Charges
  • Serious Sexual Assault Charges All Charges Dismissed & Life In Prison Avoided
  • Gang Member Charged with Murder Acquittal After Two Week Jury Trial
  • Client Accused of Murdering His Partner All Charges Dismissed Prior to Trial
  • Client Charged with Murder, Kidnapping & Aggravated Assault Not Guilty On All Charges
  • Drug Trafficking Charges Not Guilty & 25 Year Prison Sentence Avoided
  • Client Charged with Rape of a Family Member All Charges Dropped & Client Proved Innocent

A Distinguished Criminal Practice

  • Free Initial Consultations for Every Client 

  • Attorney Abt Has Won 5 Out of His Last 6 Murder Trials 

  • Over 2500 Cases Successfully Handled

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