Georgia DUI Process

Going through the Georgia driving under the influence (DUI) process can be scary and confusing for anyone, but even more so if this is your first offense. During each step of the Georgia DUI process, critical decisions must be made. By having a capable DUI lawyer on your side at this time, you can ensure you make the right choices that will ultimately benefit your case.

The first stage of the DUI process is the initial traffic stop and arrest. To make an arrest, the officer must have probable cause to believe your driving is impaired by alcohol and/or drugs. Failing the field sobriety tests, having an open container, or exhibiting signs of intoxication are enough to establish probable cause. After the arrest, you will be brought to the police station for the official breath test, then booked, photographed, and fingerprinted. To get out of jail, you will be required to post bond or the judge may release you on your own recognizance, and you will be scheduled for your first court date.

Your arraignment hearing is the first court date at which you must make an appearance. During this hearing, the judge will read the state’s charges against you and ask how you plead. If you plead guilty or no contest, you may be sentenced on the spot; if you plead not guilty, the judge will set a trial date. Please note that if you have an attorney, you may file a waiver of presence so he or she can go to trial on your behalf.

Preliminary motion hearings occur before your trial and are used to determine if the evidence is sufficient to proceed with your case. If your attorney believes that any evidence against you is flawed or was obtained illegally, he or she may file a suppression motion to keep it out of your trial. Depending on how these hearings go, the prosecutor may negotiate a plea deal with your defense lawyer.

If your case proceeds to trial, you have the choice between a jury trial and a bench trial. While a jury trial is heard by a group of six jurors, a bench trial is presided over and decided by only the judge. Your lawyer can help you determine which option is best for your case. During the trial, the prosecution must prove beyond a reasonable doubt that you are guilty of driving under the influence. To challenge the prosecution’s claim, your lawyer may cross examine witnesses and call on experts to testify on your behalf. After closing arguments are held, the jury or judge will decide a verdict. If you are found not guilty, your charges will be dismissed. If found guilty, you will be sentenced by the judge.

If you have questions about the Georgia DUI process or are interested in receiving a FREE, no-obligation case evaluation, please submit your contact information online today.

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