Out of State DUI in Atlanta GA

Out of State DUI in Atlanta GA

If you live outside Georgia and are arrested for DUI there, there will be an intricate set of procedures before your case can reach trial.

Georgia Department of Driver Services law mandates suspension of your license if convicted of DUI in Georgia. For out-of-state drivers, hiring an experienced local DUI attorney may be especially necessary to protect their driving privileges and ensure a swift resolution of their matter.

Administrative License Suspension

Georgia law automatically suspends a driver’s license if they are arrested for DUI, regardless of where their residence lies or their residency status in Georgia.

In most instances, an arresting officer will seize your driver’s license and issue you a DDS Form 1205 suspension notification that must then be filed with the Office of State Administrative Hearings (OSAH) to begin the process of revoking it.

After being charged with DUI in Atlanta GA, you have 30 days to request an administrative license suspension hearing. At this hearing you can either be represented by an attorney or represent yourself.

Filing an Administrative License Suspension hearing within 30 days can halt its automatic suspension; however, if you miss that deadline and fail to secure an ignition interlock device permit within this timeframe, your driver’s license will be suspended indefinitely.

Criminal Trial

If you are driving out-of-state and arrested for DUI in Atlanta, the results could be dire – possibly leading to suspension of your license as well as criminal proceedings in Georgia.

An experienced DUI lawyer may be able to help get the charges dismissed or reduced and can use their knowledge of GA DUI laws for maximum results.

When someone is arrested for DUI, they will usually attend an arraignment in a local courtroom and have the chance to enter their plea of guilty, not guilty, or no contest.

Judges typically impose punishments, such as minimum jail time, fines, community service hours and DUI school attendance as well as driver license suspension based on whether you were charged with misdemeanor or felony DUI offenses.

Plea Agreements

Plea agreements are an increasingly common way for the prosecution and defense to resolve cases prior to trial, often through reduced charges, probationary periods or other arrangements.

Making the decision to enter into a plea agreement should be handled in consultation with an experienced DUI lawyer. Your lawyer can assess your case thoroughly, then negotiate for reduced charges or even get them dismissed altogether.

Plea agreements may yield substantial advantages, including reduced jail time and fines, lower insurance costs and the absence of mandatory DUI school. However, any plea bargain must first be approved by a judge.

Municipal Court

The City of Atlanta Municipal Court manages hundreds of DUI cases each week and strives to expedite them as quickly as possible for resolution.

Atlanta DUI cases tend to get resolved very quickly; typically appearing the next business day and setting their initial plea date three to four months post arraignment – far faster than most courts dealing with DUIs.

Entry of a guilty plea at first appearance should only be done if there are truly exceptional circumstances (an exceptionally high blood alcohol concentration of.20 or greater, an extremely serious accident, other aggravating non-DUI history and extremely criminal conduct from the defendant).

Those accused of serious misdemeanor traffic offenses, including hit and run Georgia, DUI less safe or trying to elude an officer should consult with an experienced traffic lawyer immediately. An experienced defense lawyer may even be able to keep these misdemeanors off of your record by negotiating with the prosecutor on your behalf.