Marietta DUI Defense Attorney

Being charged with DUI in Marietta can threaten your license, your job, your schooling, and your future reputation. Cobb County has one of Georgia’s busiest court systems, and DUI prosecutions are taken very seriously—from stops near Marietta Square and on Cobb Parkway to I-75 and I-285.



Garner Law Office is based in West Georgia and regularly defends drivers in Marietta and across Cobb County. When you’re looking for a Marietta DUI lawyer, you need someone who can give your case personal attention amid the crowded Cobb State Court docket—and who knows how to challenge the evidence and push for the best possible outcome.


Local DUI Defense for Marietta and Cobb County

Cobb County State Court in Marietta handles a large volume of DUI cases each year. If you try to navigate it alone, it’s easy to feel like just another case in a long line. Our goal is to make sure that your case gets the individualized strategy it deserves.

We defend people charged with:

  • DUI (per se and less safe)
  • Under-21 DUI (college and high-school drivers)
  • DUI with accident / property damage
  • Refusal cases (refusing breath or blood tests)
  • Multiple DUIs and probation violation DUIs


Whether you were pulled over near Marietta Square, around the Kennesaw State University – Marietta campus, on Cobb Parkway, or leaving a game near The Battery, our Marietta DUI attorney understands how Cobb prosecutors and judges typically approach these cases and designs a defense to match.

How We Defend Marietta DUI Charges

Every DUI case is different, and the right defense depends on the specific facts—not just a checklist. When you hire us, we start by getting the full story and then break your case down legally and factually.


Our Cobb County DUI defense typically includes:

01

Challenging the stop and arrest

We look at why you were pulled over in the first place. Did the officer have reasonable suspicion? Were lane violations or equipment issues accurately documented? If the stop was unlawful, we can seek to suppress all evidence obtained afterward.

02

Questioning field sobriety tests

Roadside tests like the walk-and-turn, one-leg stand, and HGN (eye test) are not foolproof. We analyze whether the officer gave proper instructions, whether conditions (traffic, lighting, weather) were fair, and whether any medical conditions could explain your performance. Mishandled tests can significantly weaken the State’s case.

03

Attacking breath, blood, or urine test evidence

We review:

  • Whether the implied consent warning was read correctly
  • How the test was administered and by whom
  • Whether the machine was properly maintained and calibrated
  • Chain of custody issues for blood samples

Problems here can result in suppression of test results or give us strong leverage in plea negotiations.

04

Protecting your driver’s license (ALS)

License Suspension (ALS) hearing or opt for an ignition interlock option. We handle the ALS appeal, represent you at the hearing, and fight to keep you driving while your case is pending.

05

Negotiating reductions or preparing for trial

Sometimes the best outcome is a negotiated reduction (for example, to reckless driving) that avoids a DUI conviction on your record. Other times, evidentiary weaknesses mean we should push toward motions and trial. We explain your options clearly, then build the path that aligns with your goals.

Why Choose Garner Law Office for a Marietta DUI?

Marietta and Cobb County are saturated with attorneys, including many large Atlanta firms. We differentiate ourselves by combining serious DUI experience with personal, responsive service.

You can expect:

Familiarity with Cobb County courts


We handle cases in Cobb County State Court and understand how the local judges and prosecutors typically view first-time DUIs, high-BAC cases, refusals, underage DUIs, and accident-related charges.

Strategic, evidence-based defense


We stay updated on DUI law, ALS rules, field sobriety standards, and evidentiary issues. That knowledge helps us identify weaknesses that less-focused attorneys might miss.

Personal attention to your situation


Our office isn’t in a downtown high-rise; we’re close enough to Marietta to appear in court easily, but small and focused enough that when you call, you talk to your lawyer—not a call center.

Awareness of professional and student consequences


Many Marietta clients are professionals or students at KSU or local colleges. We consider how a DUI affects employment, professional licenses, scholarships, and future plans—and factor that into every decision.

Where Marietta DUI Cases Are Handled

Most Marietta-area DUIs are resolved in:

  • Marietta Municipal Court – for some city-initiated cases at the beginning, often for first appearances/arraignments.

  • Cobb County State Court – where most misdemeanor DUI cases ultimately go for motions, pleas, and jury trials.



We guide you through both if needed: getting the case transferred when appropriate and ensuring you know what each court date means. Our role is to protect your rights at every stage and prevent you from being rushed into decisions that hurt you long-term.

Marietta DUI Defense FAQ

  • Will my Marietta DUI case be in Cobb State Court or Marietta Municipal Court?

    It depends on who arrested you and where. If Marietta Police made the arrest within city limits, your case may start in Marietta Municipal Court for an initial hearing. However, DUI charges that go to trial or require full resolution typically end up in Cobb County State Court in Marietta. We handle the transfer process when appropriate and represent you in whichever court your case is in so you’re not juggling courts on your own.

  • Do I really need a lawyer for a first DUI in Cobb County, or can I just plead guilty?

    You can plead guilty without an attorney, but it’s rarely wise. Cobb County’s DUI penalties are serious, and a DUI conviction stays on your record permanently in Georgia. A skilled attorney may be able to challenge the evidence, negotiate for a reduction (such as reckless driving), or at least minimize probation conditions, fines, and jail exposure. Once you plead guilty, it’s extremely difficult to undo, so it’s worth getting a professional, case-specific opinion first.

  • What are typical first-offense DUI penalties in Cobb County?

    While each judge has discretion, a first DUI in Cobb County often includes:

    • 24–72 hours in jail (with possible credit for time already served)
    • 12 months probation
    • Fines plus court costs (often several hundred dollars or more)
    • DUI School (risk reduction program)
    • At least 40 hours of community service
    • License suspension (often 120 days), with a limited permit available in many non-refusal cases

    We work to reduce additional jail time, streamline probation requirements, and improve the overall outcome where possible—especially in cases with strong legal or factual issues.


  • How does Cobb County’s DUI Court program work?

    Cobb County offers a DUI Court program for certain repeat or high-risk offenders. It’s an intensive, typically multi-year program involving frequent court check-ins, treatment, testing, and strict supervision. In return, participants may avoid substantial jail time and receive structured help for underlying alcohol or substance issues. DUI Court is not right for everyone, but for some, it’s a better option than traditional sentencing. We help you evaluate whether to apply, and if so, how it fits into your long-term goals.

  • My Marietta DUI involved an accident. Does that make things worse?

    An accident can make a DUI case more serious—especially if there were injuries. If someone was seriously injured, you could face felony charges such as serious injury by vehicle. Even with only property damage, judges and prosecutors may seek stricter penalties or more community service. We work to mitigate this by documenting insurance coverage, lack of injuries, your cooperation at the scene, and any weaknesses in the State’s DUI evidence. In accident DUIs, having experienced counsel is especially important.

Charged With DUI in Marietta? Get Help Now.

If you’ve been charged with DUI in Marietta or anywhere in Cobb County, the clock is ticking on both your court dates and your license. You don’t have to guess your way through it. Garner Law Office is ready to review your case, explain your options, and start building a strategy to protect your license, your record, and your future.