Georgia DUI Process

If you were arrested for driving under the influence of alcohol (DUI) in Georgia, you may be wondering what happens next. Will you go to jail or lose your driver’s license? And how will your arrest affect your future? Here are some of the most important facts to know about the Georgia DUI process.

First and foremost, before an officer can stop your vehicle, the law requires him or her to have probable cause for pulling you over. In other words, you must have committed some type of offense—such as speeding or running a red light. Additionally, even if the officer has a valid reason for making the stop, he or she must also have probable cause to suspect you of DUI. Only if there is evidence to suggest you may be impaired—such as slurred speech or the smell of alcohol on your breath—can the officer then ask you to perform a field sobriety and/or chemical test.

Depending on the results of these tests, you may be arrested and charged with DUI. Shortly after you are booked at the police station, your arraignment will be scheduled. At this time, a judge will notify you of the charges against you and ask you to enter a plea of guilty, not guilty, or no contest.

Following your arraignment, you may have to post bail before being released. There are three ways to do this: you can pay the full amount in cash, use a property bond (put your home or other property down as collateral), or use a commercial bonding service (a bondsman will post bail for you for a set fee). Be aware that, should you fail to appear for your scheduled hearing, you risk losing whatever cash or collateral you used to post your bail—and the commercial bondsman’s fee is always be non-returnable. 

The next step in your DUI case is known as the preliminary motion hearing. At this event, you have the opportunity to challenge any evidence the prosecution has against you—such as the arresting officer’s testimony and/or your chemical test results. It is important to have an attorney present during this proceeding, as he or she will have the legal knowledge to determine whether certain information should be challenged in court.

Finally, after your preliminary hearing, a trial date will be set for your case. Depending on the circumstances of your arrest, this proceeding may be reviewed by a single judge or a jury. Again, it is important to speak with an experienced DUI defense attorney to determine which option is right for you.

To learn more about the Georgia DUI process, contact the Law Offices of Greg Willis. After helping thousands of drivers reduce or eliminate their DUI charges, Mr. Willis and his staff have the experience and skill to represent you.

For one flat fee, Mr. Willis will handle both your criminal and administrative license hearings. Should you retain the firm’s services, Mr. Willis will even prepare your DS 1205 form (a required document if you intend to appeal your license suspension) for no additional cost. Plus, you’ll also receive a free copy of The DUI Book, your one-stop guide to Georgia DUI law, written by the firm’s senior partner, William C. Head. Call today for your free case evaluation.

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