Georgia DUI Process

If you are like many people, being charged with driving under the influence is your first brush with law enforcement and the court system. Understanding the Georgia DUI process can alleviate many of the fears you are feeling during this difficult time. You should hire an attorney who is experienced with DUI defense to walk you through the process.

The first event in the DUI process is the traffic stop. If the officer has probable cause to believe that your driving is impaired, he or she may pull you over. Signs of impaired driving include driving behaviors such as weaving, driving in the wrong lane, or disobeying traffic signals. During the traffic stop, you may be asked to perform a series of field sobriety tests that can be used as evidence against you. If the officer believes that you exhibit signs of intoxication, such as slurred speech, bloodshot eyes, or the smell of alcohol on your breath, you may be arrested for DUI.

After being arrested, you will be transported to the police station for a breath or blood test, used to determine your blood alcohol content (BAC). You will then be booked, which means you will be fingerprinted and photographed. You may be asked to post bail or be released on your own recognizance. Upon your release, you will be notified of your first court date, known as arraignment.

During arraignment, the judge will read the charges against you and ask how you plead. You may then enter a plea of guilty, not guilty, or no contest. If you have legal representation, your attorney may represent you in court so you do not have to appear. If you plead guilty during arraignment, you may be sentenced on the spot or required to come back for sentencing at a later date. If you plead not guilty, your trial date will then be set.

Next, you and your attorney will attend the preliminary motion hearings. Your attorney may file a motion in order to challenge the prosecution’s evidence against you, thus preventing it from being used at trial. Motions are intended to ensure your rights were not violated during arrest and any evidence obtained was not taken during an unlawful seizure. If your attorney’s motions are successful, your case may be dismissed or you may be offered a plea deal by the prosecution.

If your case goes to trial, it may be heard by a jury or a judge (bench trial). In some cases, a bench trial is preferable, as a jury may not be familiar with the scientific aspects of a DUI case. Your attorney can help you decide which type of trial you should select.

During the trial, the prosecutor must prove that you are guilty beyond a reasonable doubt. Your defense attorney can introduce evidence and witnesses to testify on your behalf. After both sides have presented their cases, you will be found guilty or not guilty. If you are found guilty, you may be able to appeal your case.

To learn more about the Georgia DUI process and how an experienced defense attorney can help you, contact The Willis Law Office today.