I was just arrested for a Georgia DUI.  What are the legal steps to fight my DUI charge?

Below are procedures that occur in the majority of Georgia DUI cases.  Once you have been arrested for a Georgia DUI, immediately contact a specific DUI lawyer to fight your charge.  Our Georgia DUI lawyers are extremely familiar with each step and are here to help you beat your DUI charge.

1. Stop, Pre-Arrest Tests, Arrest, and the State-Administered Test

The first step in a DUI charge is that the police must stop the defendant on the roadway, either through a roadblock or “articulable suspicion.” Articulable suspicion means that the police must observe behavior that makes them think the driver is under the influence of alcohol, drugs or another substance that has impaired the driver’s ability to operate a motor vehicle. Field sobriety tests are typically performed upon suspects in a Georgia DUI case, and the officer then concludes whether there is probably cause that the suspect is driving under the influence. At that time the driver in suspect can then be arrested, advised of his or her rights under the Georgia “Implied Consent” law and transported to jail for a breath test or to a local hospital for a blood test. This stage provides the most opportunity for your Georgia DUI lawyer to gather evidence in your defense since evidence must show that protocol leading to the arrest was followed.

2. Bail and Bonding

Our Georgia DUI lawyers will help you with the bonding process after your arrest. In order to be released from jail, you must “post” cash or property bond for the full amount of the bond, be granted an “O.R.” or “own recognizance”, or retained services of a bond professional. Upon the conclusion of your Georgia DUI case, you or the person that posted the bond will receive the full amount posted.

3. 10-Day Letter

If you are charged with a DUI in the state of Georgia, you must act within 10 days of your arrest in order to keep your driver’s license from being suspended or revoked. Our Georgia DUI attorneys will file the required 10-Day letter requesting a hearing upon the administrative license suspension. You could loose your license for up to a year if any of the below conditions existed at the time of your arrest.

• You refused all three tests – blood, breath and urine

• You tried to take one or all of the tests but the officer(s) stated that you refused

• You took a blood alcohol test, which fell into the following category:

o Over 21 and a blood alcohol level of .08 or higher

o Under 21 and a blood alcohol level of .02 or higher

o Truck driver with a CDL and a blood alcohol level of .04 or higher

o Blood alcohol level is unknown

4. Administrative License Suspension Hearing in Georgia

This hearing in your Georgia DUI case will occur if any of the following occurred:

• The officer had reason to believe you were driving under the influence of alcohol, drugs or another substance that impaired your ability to operate a moving motor vehicle, or you were involved in a motor vehicle accident or collision relating in serious injury or fatality.

• At the time of the request for you to take any of the roadside tests, you were informed of your implied consent rights and the consequences of submitting or refusing each test.

• If you refused or any of the following test results applied:

o Over 21 and a blood alcohol level of .08 or higher

o Under 21 and a blood alcohol level of .02 or higher

o Truck driver with a CDL and a blood alcohol level of .04 or higher

• The law official administrating the test or tests has a valid permit and that the tests were conducted on an approved instrument that the law official has been trained on and that is in good working order.

5. Arraignment

Once the arraignment date is set, the formal criminal process begins. You have the right to appear before the court while your pending charges are read out loud, and at that time, you would announce your plea of guilty or not guilty. Our Georgia DUI attorneys can waive this process, so you do not have to appear in court. After the set arraignment date, all discovery demands, suppression motions, special pleas or demurrers must be submitted within ten (10) days.

6. Motions Hearings

During this initial hearing, the state is asked to disclose evidence that our lawyers feel should be turned over during discovery, and the judge is asked to exclude certain evidence as well. The motion hearing is an extremely important step, in which our Georgia DUI attorneys have much experience. If the state fails to meet its burden of proof, the exclusion of evidence can lead to the state dismissing or reducing your DUI charge. The officer must also testify under oath regarding the case, which can be used to contradict his testimony later at trial.

7. Calendar Calls and Other Status Hearings

Our Georgia DUI attorneys will handle these communications, which just verify that all parties (the State and the Defendant) are ready for trial.

8. Trial

In order to provide you with the best opportunity to win your case, our experienced Georgia DUI lawyer will help you make a decision on whether your DUI case should take place before a judge or a jury.

9. License Reinstatement, Probation Enlistment and Life After Your DUI Case

After the trial is completed, our Georgia DUI lawyers will continue to work with you on next steps such as license reinstatement and probation enlistment. License reinstatement can be difficult in Georgia, but our lawyers are extremely knowledgeable about the rules and regulations of the Georgia Department of Driver Services. We also have seen inexperienced attorneys enter a plea without recognizing the impact that probation will have on the defendant. If probation is required, our Georgia DUI lawyers can examine all probation conditions to make sure you can meet all requirements.

Act fast.

Call us now for a free consultation

678.314.9443