One of the foremost reasons why it is necessary to retain a skilled and knowledgeable Georgia DUI lawyer is that you need to have reliable information regarding the process that you will undergo in your Georgia DUI case . There is, perhaps, no more common cause of stress among people charged with DUI in Georgia than receiving insufficient information regarding the steps that you will face in your DUI case.  Here we provide a summary of the procedures followed in most Georgia DUI cases.  Please remember that no amount of information provided through this website is a substitute for a skilled Georgia DUI lawyer .

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Most of the evidence that you will have to attack in your Georgia DUI case is gathered at this stage. Your Georgia DUI lawyer must file motions contesting whether the evidence mentioned above was legally obtained. If your Georgia DUI lawyer does not timely file such motions, you will lose your opportunity to contest the admissibility of important pieces of evidence against you.    

2.   Bail and Bonding. After the arrest, if you are released from jail, you have either “posted” cash for the full amount of your bond, been granted an “O.R.” (own recognizance) bond, posted a property bond (where you or someone on your behalf applied realty to satisfy the bail, or retained the services of a professional surety. In the event that you posted a cash bond, you or the person that actually posted the cash, will receive the full amount of the cash bond upon the conclusion of your Georgia DUI case.  If you posted a cash bond, the full amount will be returned to the person who posted the bond upon final resolution of your case.  Our Georgia DUI lawyers can assist you with the bonding process.  

3.   10-Day Letter (Request for Hearing upon the Administrative License Suspension). If you are charged with a DUI in Georgia , you must act within 10 days from the date of your arrest in order to keep your driver’s license from being suspended or revoked.  Our Georgia DUI lawyers file the required 10-day letter on behalf of our DUI clients. If you are in any of the categories listed below, you must request a hearing within 10 days or your license may be suspended for up to 1 year:

o If you submitted to the state-administered breath test and your test result registered .08 or higher, you should act immediately to request a hearing.
o If you were under 21 years of age at the time you received a DUI and you submitted to the state-administered breath test that registered .02 or higher, you should act immediately to request a hearing.
o If you have a Commercial Driver’s License (CDL), you were in a commercial vehicle at the time you received a DUI, and you submitted to the state-administered breath test that registered .04 or higher, you should act immediately to request a hearing.
o If you refused to take the test requested by the officer that arrested you for DUI, you should act immediately to request a hearing.

If you are uncertain of what the officer requested, whether you properly submitted to the requested test, or what your test result was, you should act immediately to request a hearing.

4.   Administrative License Suspension Hearing in Georgia. This hearing may cause a suspension of your driver’s license, but this does not prevent the suspension of your driver’s license in the criminal portion of your Georgia DUI case .  The administrative license suspension hearing in your Georgia DUI case is limited to following issues:

·        Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391; or whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality; and

·        Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and

·        Whether the person refused the test; or whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and

·        Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.

Follow this link for a list of locations where administrative license suspension locations are held in Georgia DUI cases.

If you submitted to the state-administered breath test in connection with your arrest for DUI and the results of the breath test indicate that your breath alcohol level was allegedly above the legal limit, you face the possibility of an administrative license suspension (ALS). In connection with the ALS, your privilege to drive in the state of Georgia and your driver's license may be suspended prior to the conclusion of your DUI case. If you wish to fight your Georgia DUI charge, I generally recommend that you have a hearing upon the administrative license suspension.

The Georgia implied consent notice applicable for suspects over the age of 21 who are not operating a commercial vehicle is:

Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?

It is important to recognize that the possible penalties imposed as a result of an administrative license only relate to your driver's license.  If you submitted to the state-administered breath test in connection with your DUI charge, this is your first DUI charge, and you do not have a commercial driver's license (CDL), the consequences are minimal. The ALS imposed in connection with first lifetime DUI charge for a person that is not in a commercial vehicle are minimal - the suspension is for 30 days and you are entitled to a limited driving permit for the 30-day suspension period. After serving your 30-day suspension, you are entitled to reinstate your full driving privileges after you complete a DUI/Risk Reduction course and payment of a reinstatement fee to the Department of Driver Services.

The ALS hearing can provide information which is ultimately very helpful in the defense of your DUI case.  Frequently, it is not possible to obtain videotape evidence and breath testing records necessary to fully evaluate your case prior to the ALS hearing. The administrative hearing is often a viable means of obtaining valuable information about the case prior to the receipt of discovery from the state in your criminal case. A transcript of the arresting officer's testimony and any other testifying officer may be obtained after the ALS.

5.    Arraignment. The arraignment date in your case marks the beginning of the formal criminal process.  You have the right to be formally arraigned upon the charges in your case.  This means that if you chose to, you appear before the court and have the judge or the prosecutor read the charges pending against you out loud.  After the formal reading of the charges, you would announce your plea of guilty or not guilty.  In all actuality, this formal process is very rarely followed.  In almost every Georgia DUI case, the arraignment is now waived by the attorney.  When we file the waiver for you, you will be relieved of the responsibility of appearing in court for a formal arraignment in your case.  It must be noted the arraignment date is also important because discovery demand, suppression motions, and any special pleas or demurrers  must be within ten (10) days of the date of arraignment.

6.   Motions Hearings.  In motions hearings in your Georgia DUI case, we ask the judge to require the state to produce evidence that we feel should have been turned over to us during discovery and we ask the judge to exclude certain from the trial of the case.  The importance of the motions hearings upon your Georgia DUI case cannot be overstated.  Frequently, the state will fail to meet its burden of proof upon certain items of evidence in your DUI case and the exclusion of these items of evidence can lead to the state dismissing or reducing your DUI charge.  Motions hearings also give you an opportunity to hear the officer testify under oath regarding the case.  A transcript of the officer’s testimony can be used to contradict his testimony later at trial.  

7.    Calendar Calls and Other Status Hearings.  Generally, calendar calls and status hearings are used by the courts to determine whether the parties (the State and the Defendant) are ready for trial.

8.   Trial.  In Georgia, a trial in your DUI case may take place before a judge or a jury. A skilled Georgia DUI lawyer can assist you in making an informed decision regarding whether a bench or jury trial will provide you with the best opportunity to prevail in your case.

The hearings and court appearances described here generally apply to most DUI cases. However, our DUI lawyers recognize that a general understanding of the process is simply not acceptable. In the courts in which we practice, we provide our clients with an in-depth analysis of the process, the prosecutors, officers, and judges. From courts as diverse as municipal courts of Fulton County, such as Atlanta Municpal Court, Johns Creek Municipal Court, Alpharetta Municipal Court, Roswell Municipal Court, and Milton Municipal Court, to Bibb County State Court, you can rely upon our DUI lawyers to consistently provide the detailed analysis and attention to detail that our clients have come to expect from our exceptional DUI lawyers.