Why DUI Cases Are Won in the First Two Weeks.
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30-Day License Window
Georgia's ALS deadline starts at arrest. Miss it and your license is suspended automatically, no hearing, no second chance.
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Evidence Window
Dash cam footage, witness recollection, and breath test calibration records get harder to obtain by the day.
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Court Date Already Set
Your arraignment is being scheduled right now. The earlier defense engages, the more leverage at first appearance.
Former Cobb Magistrate Judge
Judicial experience presiding over criminal cases in Cobb County courts.
Former Cobb County Prosecutor
Insider knowledge of how the State builds DUI cases.
AV Preeminent® Peer Rated
Highest peer rating from Martindale-Hubbell for legal ability and ethics.
State Bar of Georgia
Active Member in Good Standing. Licensed since 1997.
Three Perspectives.
One Defense Team.
Most DUI attorneys in Cobb County have only ever worked on one side of the courtroom. Gerald Moore has worked on three.
As a Judge
Former Cobb County magistrate judge. Presided over preliminary hearings, bond hearings, and warrant applications. Knows what judges look for when deciding bond conditions and which procedural mistakes create openings for the defense.
As a Prosecutor
Former Cobb County assistant district attorney. Knows which evidence the State relies on most heavily, where the weak points hide, and how plea negotiations work from the inside.
As Your Defense
Senior defense attorney at Moore Law Center. Uses every angle of that experience to protect your rights, challenge the evidence, and pursue the best possible outcome for your DUI case. The same approach applies across the full range of criminal charges we defend.
Gerald Moore is a former Cobb magistrate judge and former Cobb assistant district attorney who now puts that experience to work defending Georgians in high-stakes criminal cases.
Gerald Moore earned his J.D. from Santa Clara University School of Law and holds a B.A. in Sociology of Law from the University of California, Davis. He is an active member in good standing with the State Bar of Georgia and carries an AV Preeminent peer rating from Martindale-Hubbell. His colleague, attorney Reid M. Kennedy, brings additional depth to the defense team.
Meet Gerald MooreWhat's Actually On the Line
Georgia law treats DUI seriously. Whether charged under O.C.G.A. § 40-6-391 as DUI per se (BAC 0.08%+) or DUI less safe (impaired driving regardless of BAC), the consequences follow you for years. Georgia's DUI statute also covers impairment from any drug, not just alcohol. Drugs found in the vehicle during a DUI arrest can produce simultaneous drug charges.
- 12 months probation
- 24 hrs to 12 months jail
- $300 to $1,000 in fines
- 40 hours community service
- DUI Risk Reduction Program
- Permanent criminal record
- Minimum 72 hours jail
- $600 to $1,000 in fines
- 30 days community service
- Ignition interlock device
- Newspaper photo publication
- Restricted permit eligibility
- Mandatory 15 days jail (3rd)
- $1,000 to $5,000 fines
- "Habitual violator" status
- 4th in 10 yrs is a felony
- 1 to 5 years state prison
- Vehicle forfeiture possible
A DUI conviction cannot be sealed or expunged in Georgia. If you face a probation issue tied to a prior DUI, see our probation revocations page.
Five Ways We Build a DUI Defense
Every DUI case is different. The strategy depends on the specific facts, the evidence, and where your case is heard. We build the defense around the details. Not a one-size-fits-all template.
Challenging the Traffic Stop
Law enforcement must have reasonable articulable suspicion to pull you over. If the officer lacked a legitimate reason for the stop, the entire case may be subject to suppression. We review dashcam footage, body camera recordings, and police reports.
Disputing Field Sobriety Tests
HGN, Walk-and-Turn, and One-Leg Stand tests all have documented accuracy limitations. NHTSA's own research shows the most reliable test (HGN) is only accurate about 77% of the time under ideal conditions. Medical conditions, uneven pavement, footwear, nerves, and officer error can all skew results.
Breath & Blood Test Accuracy
Breathalyzer machines require proper calibration and maintenance. The Intoxilyzer 9000 used in Georgia has known margin-of-error ranges. Improper administration, mouth alcohol contamination, rising BAC, and chain-of-custody issues can all provide grounds to challenge the State's evidence.
Implied Consent & Refusal Defense
Refusing the State-administered test triggers a 12-month administrative license suspension. But there are defenses. If the officer failed to properly read the implied consent notice, or if the arrest itself was unlawful, the refusal and its consequences may be challengeable.
Reduction to Reckless Driving
In many cases, the best outcome is a negotiated reduction from DUI to reckless driving. Reckless driving is itself a criminal charge in Georgia that carries up to 12 months in jail and a permanent record, but it avoids the mandatory license suspension, DUI Risk Reduction Program, and long-term insurance impact of a DUI conviction.
Talk to an Attorney
Every DUI case has details that matter. Let us look at yours.
Call 678-699-3406 →From the Day of Arrest. That's All You Get.
Georgia law gives you exactly 30 days from the date of your DUI arrest to request an Administrative License Suspension (ALS) hearing with the Georgia Department of Driver Services. Miss the deadline and your license suspends automatically. No appeal.
Call Now: 678-699-3406
DUI Cases in Cobb County
If you were arrested for DUI in Cobb County, your case will likely be heard in Cobb County State Court or one of the municipal courts depending on jurisdiction. The case follows two parallel tracks: the criminal case and the administrative license suspension.
The criminal case starts with arraignment, then moves through pretrial conferences where your attorney and the prosecutor discuss evidence and potential resolutions. If no agreement is reached, the case proceeds to a bench trial or jury trial. If you remain in custody, our bond hearings page covers what to expect at the front end of the process.
Cobb County also operates a DUI Court program for repeat offenders. The program emphasizes treatment, accountability, and compliance monitoring as an alternative to traditional sentencing. Not every defendant qualifies, but for those who do, it can provide a structured path forward.
Gerald Moore spent years inside the Cobb County court system. As a former magistrate judge, he handled the early-stage hearings that set the tone for a case. As a former prosecutor, he argued cases in the same courtrooms where your case will be heard.
Serving Marietta, Cobb County, and Surrounding Georgia
Moore Law Center is located at 191 Roswell St NE, Suite 100, Marietta, GA 30060, in the heart of Cobb County. We represent clients facing DUI charges across:
Cobb County
Marietta, Kennesaw, Acworth, Smyrna, Powder Springs.
Fulton County
Atlanta, Roswell, Alpharetta, Sandy Springs.
Cherokee County
Canton, Woodstock, Holly Springs.
Douglas County
Douglasville, Lithia Springs.
Gwinnett County
Lawrenceville, Duluth, Peachtree Corners, Norcross.
DeKalb County
Decatur, Dunwoody, Brookhaven, Tucker.
Paulding County
Dallas, Hiram.
Bartow County
Cartersville, Emerson.
Fayette County
Fayetteville, Peachtree City, Tyrone.
What Our Peers and Clients Say
Gerald Moore holds a 4.9 out of 5.0 peer review rating on Martindale-Hubbell based on 10 reviews from fellow attorneys.
I have worked with Gerald E. Moore both as a colleague and practiced in front of him when he was a magistrate judge. I find him to be highly knowledgeable and principled.
Peer Attorney · Martindale-Hubbell
Gerald Moore was incredible to work with. He immediately put my mind at ease on the first call. Thanks to his expertise, my charges were reduced and the case was resolved in a single hearing.
Madeline P. · Google review
Mr. Moore got my sentence reduced, was up front and forward with me from the start. He walked me through every step from the beginning to end and ultimately coming out on top.
Jose I. · Google review
Don't Lose Your License
The 30-day ALS clock is ticking from the date of your arrest. A former judge can move fast on your behalf.
DUI Questions, Answered
Common questions about DUI charges in Marietta and across Georgia.
Is a DUI a felony in Georgia?
A first, second, or third DUI within ten years is typically charged as a misdemeanor. A fourth DUI within ten years is a felony under O.C.G.A. § 40-6-391. Felony DUI carries one to five years in prison, fines up to $5,000, and license revocation. Certain aggravating factors like serious injury or death can also elevate a DUI to felony status regardless of prior history. Read more on our felony charges page.
What are the penalties for a first DUI offense in Georgia?
A first conviction carries 12 months probation, 24 hours to 12 months in jail, fines of $300 to $1,000, a 120-day license suspension, 40 hours of community service, and a mandatory clinical evaluation. Most first offenders are eligible for a limited permit after completing the DUI Risk Reduction course. See our complete Georgia DUI laws guide for penalties at each offense level.
Can a DUI be reduced to reckless driving in Georgia?
Yes. Prosecutors can negotiate a DUI down to reckless driving. A reduction avoids the mandatory license suspension, the risk reduction program requirement, and the severe insurance impact of a DUI conviction. Whether a reduction is available depends on the evidence, your BAC level, your prior record, and the circumstances of your case. Read our complete guide on DUI reduced to reckless driving in Georgia.
How likely is jail time for a first DUI in Georgia?
Most first-time offenders serve minimal jail time. Judges often sentence the minimum 24 hours, which many defendants satisfy during initial booking. However, a high BAC, an accident, or a minor in the vehicle can result in more significant jail time.
Should I refuse a breathalyzer test during a DUI stop in Georgia?
Georgia's implied consent law means refusing the State-administered test triggers a 12-month license suspension. But if you have consumed a significant amount of alcohol, a test result may provide the prosecution with stronger evidence. This decision is highly situational. Contact a DUI defense attorney immediately after an arrest.
What does "DUI less safe" mean in Georgia?
Georgia law recognizes DUI per se (BAC 0.08% or higher) and DUI less safe. A "less safe" charge means the State alleges impairment to the point of being a less safe driver, regardless of BAC. This charge is common when a driver refuses testing or when the BAC is below 0.08%. Penalties are the same as a DUI per se.
How much does a DUI lawyer in Marietta cost?
Costs vary by case complexity, prior offenses, and trial versus plea. Moore Law Center offers free initial consultations and flexible payment plans through LawPay with options to spread payments over time. Call 678-699-3406 to discuss your situation.
What happens at Cobb County DUI court?
DUI cases in Cobb County are heard in Cobb County State Court or the relevant municipal court. The process includes arraignment, pretrial conferences, motion hearings, and potentially trial. Cobb County also operates a DUI Court program for repeat offenders that focuses on treatment and accountability.
Contact a Marietta DUI Defense Attorney Today
If you or someone you love is facing DUI charges in Marietta, Cobb County, or anywhere in the surrounding Georgia communities, do not wait. The 30-day window to request an ALS hearing starts the day of your arrest. Every day that passes is a day your defense could have been building.
191 Roswell St NE, Suite 100, Marietta, GA 30060
678-699-3406
info@moorelawcenter.com