Georgia DUI Process
The following information is listed below to serve as a general guide of what will occur in the criminal aspect of your DUI case. For more information on what to expect in the civil (administrative) aspect of your DUI case, please visit the Georgia Driving tab.
Following an arrest for DUI in Georgia, a suspect will be taken down to the police station for further processing. You will be asked to submit to a chemical test of your blood, breath, or urine. You will be read your Miranda rights. You will be photographed and fingerprinted, and your driver's license may be confiscated. You will either be required to post a cash bond, or you may be released on your own recognisance. The DUI citation should indicate to you when and where you will need to appear for your first court date.
ARRIANGMENT
Your first court date following your arrest is called your arraignment. At this hearing, you will appear before the court and the judge will inform you of the charges that have been filed against you. You will be asked to enter a plea. If you retain an attorney to represent you prior to your arraignment, he/she may file a waiver of presence and may go to this hearing for you on your behalf. If that occurs, your presence is not necessary. In Georgia, demands for discovery, suppression motions, and special pleas must be made within 10 days of the date of your arraignment. If you have been arrested for DUI in Georgia, consult with an experienced attorney immediately to ensure that time requirements are complied with.
If you enter a guilty plea at the arraignment, the judge will impose a sentence. If you plea not guilty, your case will be set for trial.
PRELIMINARY MOTION HEARINGS
Preliminary hearings occur prior to trial and serve the purpose of keeping the court informed on the status of your case. At these hearings, problems with missing discovery may be dealt with. Suppression motions requesting certain evidence from being admitted at your trial may be filed by your attorney. A suppression motion hearing will be held contesting the legality of how certain evidence was obtained. Testimony may be heard from experts as well as the arresting officer. If successful at a motion hearing, the prosecutor may offer a deal for a plea.
TRIAL
There are two possible types of trials for Georgia DUI cases - Jury trials and Bench Trials. In Jury trails, 6 jurors will determine questions of fact, while the judge determines issues of law. In Bench Trails, the judge plays the role of both judge and jury. DUI cases that contain complex issues and evidence may be harder for a jury to understand, in which case a bench trial may be more desirable. Your attorney will help you determine which type of trial is best for your case.
At trial, the prosecution bears the burden of proving all elements of your DUI charge beyond a reasonable doubt. Your attorney will have the opportunity to cross examine the police officers that were involved in your case, and will have the option of calling expert witnesses to testify as well. Once the final decision in the trial is reached, a sentence will be imposed or all charges will be dismissed. If found guilty, you may file an appeal.
If you have been charged with DUI in Georgia, consult with an experienced attorney for more information on the DUI process and what to expect in your case.
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