DUI Defense

The Solution to Your DUI

DUI Attorney in Cumming, GA

Offering DUI Defense Solutions Across North Georgia and the Greater Atlanta Area

Every day people make mistakes when it comes to drinking and driving. Sometimes, people are mistakenly charged with DUI without probable cause. The fact is that a conviction for driving under the influence (DUI) has serious consequences. Penalties in Georgia are particularly harsh and require mandatory jail time, considerable financial fines, and include the possibility of having one’s driver’s license revoked or suspended.

While prosecutors zealously attempt to secure a DUI conviction, experienced DUI lawyers like those at The McCormick Firm in Cumming, Georgia, have time-tested methods that help defend someone who has been charged with driving under the influence. If you have been charged with DUI, it is very possible that:

  • your 4th Amendment rights were violated,
  • the officers lacked probable cause to make the stop or even make the arrest,
  •  
  •  
  • the state’s credibility can be disputed in your DUI trial before a judge.

Every DUI case is different and can have any number of unique circumstances that may work to your advantage. Our job at the McCormick Firm PC is to make sure that your side of the story is explained in such a way that is beneficial to you and persuasive to the court and jury. It is possible that all of the allegations and inferences made against you in your case can be rejected or rebutted by your DUI defense attorney. It is also possible that the efficiency and accuracy device that was used to test your alcohol limit can be called into play during your trial.

Common Ways That the State Convicts and Individual for DUI Are:

  • Blowing a 0.08 or Above - If you consent to a breathalyzer test and that test shows that you have had 0.08 grams or more blood alcohol concentration in a period of 3 hours, and you are in control of a motor vehicle, you will be charged with a DUI.
  • Less Safe - According to the “less safe driver” provisions under Georgia law, it is up to the state to prove without a shadow of doubt that you consumed some form of intoxicants, which makes you “less safe” to drive and operate a vehicle. Even if you blow less than 0.08 it is still possible that you will be charged with DUI if the officer determines that you were impaired.

If you have been arrested for driving under the influence, it is very important that you have a seasoned and accomplished DUI attorney in Cumming, Georgia who can help save your reputation, secure your privilege to drive and help you avoid serious jail time.


Avoid a DUI conviction with the help of an experienced Cumming, Georgia attorney.


First Time DUI Penalties in Georgia for Adults 21 and up Can Include:

  • A fine between $300 and $1,000
  • Suspended driver's license for up to 1 year
  • A license reinstatement fee of $210
  • Several hours of community service
  • The possibility of jail time for up to 1 year
  • Probation for up to 1 year
  • Attendance at a Mothers Against Drunk Driving Class
  • Attendance at a Victim Impact Panel
  • Completion of a DUI or risk reduction program and payment of all costs associated

Penalties for a 2nd DUI Conviction in 5 Years Can Include:

  • A fine between $300 and $1,000
  • Suspended driver's license for up to 1 year
  • A license reinstatement fee of $210
  • Several hours of community service
  • The possibility of jail time for up to 1 year
  • Probation for up to 1 year
  • Attendance at a Mothers Against Drunk Driving Class
  • Attendance at a Victim Impact Panel
  • Completion of a DUI or risk reduction program and payment of all costs associated
Conviction of a Third DUI in 5 Years Carries Serious Charges Including:
  • At least 15 days in jail
  • Four or more charges in 5 years comes with even harsher penalties
  • You will be labeled a habitual violator
  • You also run the risk of being charged with a felony which can impose more than 1 year in jail
  • Those who are convicted of a DUI in the state of Georgia often find it is harder to secure a job, find their insurance rates increase substantially, and more

Call the McCormick Firm today at  (678) 990-2042 for a consultation. Learn how we can provide you with a unique defense. Avoid these life-changing charges.


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FAQ

  • What Happens if I Plead Guilty to a DUI in a Georgia Court?

    Mandatory jail time. Despite your cooperation, the judge ruling over your case has no other choice but to sentence you to jail time. Your license will also be suspended for one year, and you will have a Criminal Record (DUI), making it difficult to get a good job. Higher automobile insurance rates will follow you for years. Then add to all of this, major anxiety and emotional stress that often leads to family and work related issues.

  • What if the Arresting Officer Did Not Read Me My Miranda Rights?

    Under Georgia law, a police officer does not have to give a Miranda warning during an officer’s initial DUI investigation. A police officer only has to issue you your Miranda rights after you have been arrested and before the officer interrogates you. You should keep quiet, knowing that the officer is in charge and is listen carefully and watching you. The more you say the more likely you are to incriminate yourself before, during or after you have been arrested.

    However, if you have been placed into custody, interrogated, and not issued a Miranda warning any incriminating statements you make will not be admissible in the court of law. It is always a good idea to contact an Cumming Georgia DUI lawyer if you have any questions regarding Miranda rights or any other facet of DUI law.

  • What About the 10 Day Rule?

    The 10 day rule comes into play if you refused to take a urine, blood or breath test. If this is the case in your situation, you are looking at a one year suspension of your driver’s license. You can avoid this by requesting a hearing to the Georgia Department of Public Safety, which must be handwritten. If you do not make this request within 10 business days of your arrest, then your Georgia driver’s license will be suspended automatically.

  • What Happens if I Refuse a Breathalyzer Test?

    Refusing a Breathalyzer test will likely result in having your license suspended or even face jail time. The prosecutors may still base a potential DUI/DWI charge on other evidence collected at the scene, including officer observations, or the results of a field sobriety test. Also, your refusal may be used against you in any possible trial.

    Driving on our nation’s road is considered a privilege, not a right. Therefore, states can suspend or revoke your driver's license, levy fines, or even put you in jail for not submitting to a BAC test when suspected of a DUI.

    Turns out that under "Implied Consent Laws," drivers have implicitly consented to a BAC test in exchange for a driver's license. Bottom line, if you refuse a Breathalyzer, you will surrender your driving privileges, for 12 months. Those with past DUI convictions can face even longer suspensions or even jail time. Of course, some may conclude that the penalty for refusing a BAC test is less severe than a third or fourth DUI conviction, so it really depends.

    "No-Refusal" Enforcement: The state can force suspects drunk drivers to submit to testing under the authority of a warrant. Refusing a warrant-ordered BAC test can result in serious contempt charges, and the police can just draw a blood test by force.