Georgia DUI Process Explained

Understanding how the Georgia DUI process works is crucial for anyone who gets behind the wheel of a car in this state. Knowing your rights and the varying procedures that take place after being pulled over can ensure you protect yourself, your future, and your upcoming case. When you understand Georgia’s DUI laws, you can navigate the system more effectively and improve your chances of securing a favorable outcome.

Georgia DUI Procedures

While every arrest is different, your Georgia DUI case will generally follow these steps:

1. 1. Traffic Stop and Arrest:The initiation of a DUI case starts when law enforcement stops a vehicle because of a traffic offense or because they suspect the driver is impaired. Police use indicators like swerving, erratic braking, and excessive speeding or driving too slowly to identify impaired drivers. After making a stop, the officer can ask questions and perform field sobriety tests, followed by the use of a breathalyzer to assess blood alcohol concentration (BAC).Law enforcement can arrest you for DUI in Georgia if your BAC reaches 0.08%, or if you’re a commercial driver, 0.04%. Even if your BAC is below the legal limit, law enforcement in Georgia has the right to arrest you if they think you are driving under the influence (DUI) of drugs or alcohol.
   2. Booking and Bail:Following your arrest, you’ll be transported to the police station or county jail to undergo booking procedures, where officers will document your personal data. The authorities may also require you to take a blood or urine test for intoxication verification.Your eligibility for bail depends on specific factors that permit your release until your court date. The amount of bail required depends on the presence of previous DUI convictions, along with the seriousness of the current offense and whether an accident took place. A lawyer can help you better understand your rights during the booking and bail processes.
   3. Arraignment:An arraignment refers to your initial appearance in court. At your arraignment hearing, the judge will declare the formal charges against you, followed by a plea request from you.The following are the main pleas made in a Georgia DUI case:
      • Guilty: By pleading guilty, you acknowledge responsibility for the charges and then move on to receive your sentence.
      • Not Guilty: By pleading not guilty, you dispute the accusations against you and, therefore, initiate the pre-trial process.
      • No Contest: This plea means you reject guilt acknowledgment while accepting the court-imposed penalties.
   4. Pre-Trial ProceedingsThroughout the pre-trial stage, the prosecution and defense exchange evidence through a procedure known as the discovery process. During the discovery process, defendants and their lawyers may negotiate plea deals with the prosecution for reduced charges. In other cases, your lawyer may begin building a strong defense with the evidence they are collecting.Additionally, your lawyer has the option to submit legal requests to exclude certain pieces of evidence from your trial.

      This could include:

      • Challenging that the traffic stop was unlawful
      • Disputing field sobriety or breathalyzer results.
      • Challenging police procedures used during the defendant’s arrest
      • Challenging that the defendant was not read their rights
   5. Trial:During trial proceedings, the prosecution will show evidence such as police reports, breathalyzer or blood test outcomes, and statements from officers and witnesses. It is the duty of your defense lawyer to then challenge that evidence and implement a defense strategy that works to get your charges reduced or even dismissed. A skilled attorney knows which areas of the prosecution’s story to attack, aiming for the most favorable outcome in your situation.
   6. SentencingIf your case makes it to trial and a judge and jury find you guilty, you will then be convicted. Your penalties will depend on factors such as your BAC level, whether you have any prior offenses, and if anyone was injured as a result of your actions. You may have to pay fines, spend time in jail, fulfill community service hours, or have your driver’s license suspended for a period of time.

DUI Process FAQs

Q: Do You Need an Attorney for a Georgia DUI Case?

A: When facing any kind of DUI in Georgia, it is imperative that you hire a defense attorney who can advocate for your interests and fight for the most positive outcome possible. A skilled DUI lawyer can examine breathalyzer results and field sobriety tests, question police procedures, and challenge witness testimony to undermine the prosecution’s case. Plus, they can help you better understand your rights and the varying legal avenues available to you.

Q: Can You Refuse a Breathalyzer Test in Georgia?

A: In Georgia, refusing to take a breathalyzer test results in an automatic driver’s license suspension for one year because of implied consent laws. The court can consider your refusal to take the test as proof of your guilt and use that as evidence in court. Refusing to provide a breathalyzer sample eliminates the opportunity for a BAC reading but does not stop officers from pursuing a DUI charge based on other evidence.

Q: How Long Does a DUI Stay on Your Record in Georgia?

A: The state of Georgia does not allow expungement or the sealing of DUI convictions from criminal records. This means a DUI conviction remains on your driving record and can also impact the severity of any future DUI sentences you receive. Anyone convicted of a second or subsequent DUI within 10 years will face harsher penalties, including longer jail sentences and larger fines.

Q: What Are Strong Defenses Against DUI Charges in Georgia?

A: Typical defenses against DUI charges involve questioning the legality of the traffic stop, challenging the precision of breathalyzer results, critiquing the officer’s behavior, and disputing the validity of field sobriety tests. Medical conditions and incorrect police procedures serve to undermine the prosecution’s case in certain instances. A skilled DUI lawyer can examine the evidence against you to create a defense strategy that pursues justice.

Get Legal Help for DUI Charges in Georgia With Jarrett Maillet J.D., P.C.

A DUI conviction can have lasting consequences, but the right defense team can make all of the difference in your case’s outcome. The team at Jarrett Maillet J.D., P.C., provides aggressive DUI representation for Georgia residents and is prepared to advocate for you today. Contact us to schedule a consultation and learn more about our Georgia DUI services.