Posted by duijim in on June 1, 2023
Arrest for DUI in Atlanta can have severe repercussions for both your personal and professional lives, so the first step should be contacting a legal expert immediately.
Your DUI case in Georgia will start in State or Superior Court and your initial court appearance will be an arraignment hearing.
1. Contact an Attorney
After being charged with DUI, it is crucial that you immediately consult with a lawyer. An attorney can provide invaluable insight that will protect your rights while potentially helping reduce penalties and consequences associated with this charge.
Even first-time offenders could face harsh penalties and substantial fines for DUI offenses. You could also be subject to suspension of driver’s licenses and jail time.
An experienced DUI lawyer can make a big difference in your case. They can create a strategy that improves your odds of having charges dismissed or reduced and can utilize resources like private investigators and legal research databases to find relevant laws or court decisions that may assist them in this fight.
An arrest for DUI can have lasting repercussions at work. Potential employers will likely hesitate to hire you and may decline promotions or higher-level positions until your DUI is cleared up – an Atlanta DUI lawyer will be able to help you overcome these hurdles.
2. Schedule a DMV Hearing
An arrest for DUI in Georgia not only brings criminal charges but also an administrative license suspension by the Georgia Department of Driver Services. Once charged, drivers have only 10 days to request an administrative hearing or their license will automatically be suspended or revoked.
Hearings differ from court hearings in that they don’t involve legal proceedings; however, their implications can still have serious ramifications as they will determine whether your driving privileges are reinstated. A lawyer can assist in this process to protect your rights.
No one plans on missing their DMV hearing for various reasons – forgetting, being too busy at work or having an unexpected circumstance can all cause them to miss their appointment and consequently result in a “failure to appear” charge on your record, which can have serious repercussions including fines, jail time and license suspension for up to 12 months – not forgetting community service obligations such as DUI school requirements that will increase premiums over time.
3. Arrange for a Blood or Breath Test
Under Georgia law, refusing a breath or blood test could result in the state taking away your license. Luckily, however, this situation can be avoided with the help of an experienced Atlanta DUI attorney.
Blood tests tend to provide more accurate measures of alcohol levels than breath tests; however, they can be more complex to administer and interpret due to specific testing procedures being followed in crime labs, potentially altering results due to several different factors. Your Atlanta DUI attorney may hire an expert lab examiner who will review this aspect of testing in your case before challenging evidence and evidence presented as part of it.
Even if you agree to take a blood test, the prosecution needs other proof of intoxication in order to secure a conviction. A police officer’s observations of slurred speech, alcohol smell or failure to perform field sobriety tests may all be used against you in court proceedings. Furthermore, your attorney can use your right to remain silent as an effective defense by challenging any statements you made during an DUI stop.
4. Arrange for an Alcohol Evaluation
No matter if it was DUI or another alcohol or drug-related charge, an Alcohol and Drug Evaluation will likely be part of your case. Usually conducted by a licensed counselor who specializes in addiction or substance abuse therapy.
At an evaluation interview, an evaluator will pose questions regarding your history with alcohol and drugs use as well as any treatments they believe you require. Sometimes urine drug tests may also be administered in order to provide more data to the evaluator.
Making arrangements for an evaluation quickly shows the judge you are taking responsibility for your actions, while it could help reduce jail time or fines in the event of conviction.
Georgia law dictates that first-time DUI convictions carry minimum sentences of 24 hours in jail (unless your BAC was above 0.08%), probation and an alcohol and drug evaluation. Hiring an experienced Atlanta DUI lawyer may reduce jail time as well as probation sentences, fines and community service obligations, making for a quicker resolution and faster release from conviction.
5. Schedule a Plea Conference
Dependent upon where your DUI case began, its initial stage could include Municipal, Recorder’s, Probate, State or Superior Courts. A Georgia DUI lawyer who has experience handling cases in all these courts will make this complex process less daunting for their clients.
Your first appearance will take place during an arraignment, where the prosecutor will file formal charges and you may choose whether or not to plead guilty. If pleading not guilty is chosen, an attorney will arrange a pre-trial conference date with your defense team.
At an inquiry hearing, the judge will inquire as to the progress of your case and whether all evidence has been received by your attorney. Your lawyer can attend on your behalf to this hearing so you won’t miss school, work or family obligations during this process.
At a pre-trial conference, the judge will listen to both sides and try to reach an amicable solution between both parties involved in your case. Your attorney may often be able to negotiate reduced charges such as “wet reckless”, or even have your original charge completely dropped, saving both time and money in legal fees.