Here at Law Offices of Sean R. Whitworth we understand that DUI charges in Georgia are serious.

Many Atlanta drivers are forced to commute daily and though many counties are very close, they are not close enough after having as little as two beers. As a Marietta and Atlanta based Attorney, it is clear how many professionals are subjected to the commute. Occasional meetings after work that include alcohol are common, but can have serious consequences. We urge you to call the safe ride company Uber for pick up, if family members or friends are out of the question. Just do not drive. If you received a DUI we are here to assist with all of your “Legal Needs.”

Contact us to schedule your DUI consultation today. 770-490-0921



Georgia DUI laws are very strict and prosecuted very seriously. If you receive a DUI contact  an Attorney immediately, as there are several issues to consider and certain timelines that may pass causing you to lose your license. In Georgia the arresting officer can charge you with DUI less safe or DUI. If you are located in the Atlanta Area feel free to contact the Law Offices of Sean R. Whitworth.



When stopped by the police the officer has a great deal of discretion on the scene when deciding to arrest you for DUI. He will immediately begin observing you after following and video taping you for a moment. During this observation the officer will be watching how you look, what you say, did you admit to drinking, is there a smell of alcohol or erratic behavior. You will be asked to leave the car and in front of the video camera you will be asked to perform several tasks most individuals cannot perform while sober. You will then be asked to blow into a monitoring device. This device cannot be used as evidence but can be used as probable cause for an arrest. If you do not blow a .08 you are technically not DUI but now the officer can decide to arrest you based on all of the above and charge you as less safe. If you are arrested for DUI less safe your opportunity to defeat this case is greatly increased as it is the observation of the officer only.



This is the standard DUI based on the results of the driver’s blood, urine or breath. The manner and administration of these tests as well as the calibration of the equipment is essential in this case as the prosecutor must show the reading was accurate. However if you are above the legal limits and the tests were accurate these cases are much easier for the prosecutor. Then you must ask should I cooperate with testing.



Often you hear do not submit to the tests. This advise is warranted if you have in fact been drinking, and feel you may be over the legal limit and plan to have a trial. By not taking the sobriety tests you are denying the state some essential evidence; however, there may also be a presumption that you are not taking the tests to hide intoxication. More significantly Georgia provides for an automatic suspension of your Driver License for one year for failure to cooperate in testing and this suspension will go into effect immediately after the DMV administrative hearing, until you prevail in the criminal matter.



In Georgia the legal limit to be considered driving under the influence is .08 if you are over 21 if you are under 21 it is .02 and if you are driving a commercial vehicle it is .04