The DUI Arrest Process in Atlanta

The DUI Arrest Process in Atlanta

DUI arrest processes begin with a traffic stop performed by law enforcement officer. They will observe driving behaviors, ask questions and conduct field sobriety tests before arrest.

At your arraignment hearing, the charges against you will be officially laid out to you and a decision can be made regarding whether to plead guilty or not guilty at this hearing.

Traffic Stop

At an initial DUI stop, be respectful and calm. Roll down your window and remain quiet; passengers in your vehicle should keep their voices down until asked by an officer; if night falls outside, have them turn on interior lights if instructed by law enforcement officials.

Officers may ask you for your license, registration and insurance details; if they suspect you of driving under the influence, they may also conduct field sobriety tests; the legality of these exams depends on whether or not a valid waiver of Miranda rights was signed before participating.

Refusing these tests may result in immediate penalties, including driver’s license suspension. Once police officers have your identifying information, they will likely take you to a police station or detention center for “booking,” which involves several steps designed to document your arrest and place you within the criminal justice system.

Arrest

If an officer suspects DUI, they will ask questions of the driver, monitor alcohol consumption and conduct field sobriety tests. At this stage, drivers have the choice not to submit for blood or breath testing but that decision will result in their being informed of their rights and obligations under state-administered chemical tests.

Once arrested, individuals go through a process known as “booking,” which includes fingerprinting and photographing. This usually takes multiple days to complete before being sent back into jail until either their attorney or private party posts their bond.

At an arraignment hearing, a judge will read out the DUI charges and allow the defendant to enter either their guilty or not guilty plea. They also have the opportunity to exercise their right to a jury trial (where your case will move from Municipal court to State court and a panel of 12 jurors will make their determination on guilt). At this point, defendants can also elect a plea bargain agreement.

Booking

As soon as an officer believes they have probable cause to arrest a driver for DUI, they will take them for what’s known as “booking.” At this stage, an individual will be read their Miranda rights including their right to remain silent before answering questions and conducting field sobriety tests by an officer. It’s crucial that individuals use their right not to speak as anything that they say may later be used against them in court proceedings.

Once at the station, officers will fingerprint and photograph a person, confiscate their driver’s license, perform additional alcohol or drug testing via blood, breath or urine samples and release them on their own recognizance or request they post bond from which they will then receive a citation with their first court date indicated on it.

An experienced Atlanta DUI lawyer can assist with challenging any procedural errors made by police and challenge an officer’s testimony during a status hearing to weaken prosecution’s case against you. This strategy could prove instrumental in mitigating punishment from prosecution.

Arraignment

Once you are arrested, the court will schedule your arraignment hearing. At this hearing, the judge will read out your charges against you and give you the chance to enter a plea (guilty or no contest).

At this hearing, the prosecutor will ask if you have hired an attorney. Your lawyer can attend on your behalf and handle everything for you at this point.

After your arraignment, another court appearance called a Status Hearing will follow approximately 2 weeks later. At this hearing, the judge can ensure all evidence has been compiled and both you and your attorney have had time to review it.

Your attorney may file motions at this stage in your trial to exclude certain evidence or challenge specific statements or test results that might harm or help your case. Your lawyer can explain to you which evidence will benefit and hinder proceedings.

Trial

Law enforcement officers can arrest someone suspected of driving under the influence (DUI), when they observe signs such as swerving between lanes, failing to use turn signals and an odor of alcohol in their breath or on their clothing. Once pulled over for suspected DUI, law enforcement can ask drivers to undergo field sobriety tests as well as blood or breath tests in order to confirm or deny alcohol or drug usage.

Drivers have the option of refusing these tests; however, doing so could result in them losing their license for 12 months and/or incurring additional penalties. Furthermore, refusal may also be used against them at trial as evidence against them.

After an arrest for DUI, the Solicitor or District Attorney’s Office will begin building their case. Generally this takes several months; you should expect resolution within six months from when you were first arrested unless your attorney works out a plea agreement or transfers it over to State or Fulton County courts for jury or bench trial proceedings.