May 12, 2011
The process following a DUI arrest can often be scary, overwhelming, and confusing. The information provided below is intended to serve as a general guide of what to expect during the criminal aspect of your DUI case.
After a DUI Arrest:
You will be taken to the police station for further processing and booking. Your personal information will be recorded including information regarding the crime. Your fingerprints and mug shots will be taken and the police will run a background check to determine if you have any outstanding warrants or prior convictions. You will then be placed in a holding cell or local jail until bail is posted. Bail is the amount of money necessary for you to be released from jail. The amount of money will be determined by your criminal history, seriousness of your DUI, etc. Bail can be posted for you by anyone. If your friends or family cannot afford to post bail, they can seek the help of a bail or bonds agency.
License Suspension- Georgia DUI Administrative License Suspension (ALS):
When you are arrested for a DUI or refuse to take the breathalyzer or field sobriety tests, the officer will take your license away on the spot and suspend your license. He or she will then issue you a temporary driving permit in the form of a yellow piece of paper. It is really important that you do not lose this piece of paper because on the back of it is important information regarding how to get your license back. You only have 10 business days to request an administrative hearing with the DMV (Department of Motor Vehicles) in order to keep your license.
If you do not request a hearing within 10 business days, on the 31st day after your arrest, you driver’s license will be suspended for 1-5 years, depending on your driving record. During this time, no limit permit is allowed.
If you do request a hearing, you will receive a notice of your hearing date by mail. Hearing dates are typically scheduled 60 days after the request was filed. Your temporary license will be extended until this date.
If you win your hearing, your license will be returned.
If you lose your hearing or plead guilty, the suspension time you receive will be credited against any license suspension you receive.
It is important to note that this civil process is completely separate form the criminal proceedings of the DUI arrest.
Arraignment:
Arraignment is the first stage of the courtroom-based proceedings of the DUI arrest. In an arraignment, you will be called before a judge who will ask you if you have an attorney or need the assistant of a court-appointed attorney. The judge will then read the crime against you and ask you how you plead. You can plead “guilt,” “not guilty,” or “nolo contendere.” If you plead guilty, you will likely be sentenced on the spot. If you plead not guilty, you will receive notice of your trial date and copies of the police reports and any other documents relevant to the case will be released to you and your attorney.
If you get an attorney before your arraignment date, some courts may allow your attorney to waive the arraignment and plead not guilty, allowing you to not appear in court. It is important that you respect the decision of the court either way.
Preliminary Motions Hearing:
The Preliminary Motions Hearing is held soon after the arraignment. At this time, the judge will decide whether there is enough evidence to force you to stand trial. The prosecutor may call on an expert witness to testify, or introduce physical evidence, in an effort to convince the judge to send the case to trial. Your attorney will cross examine the witness and question the validity of the evidence in effort to convince the judge that the prosecutor’s case is not strong enough to go to trial. There is no determination of guilt during this stage.
Pre-Trial Motions:
The Pre-Trial Motions occur before the criminal case goes to trial. The prosecutor and defense team appear before a judge and make arguments about what evidence, arguments, and witnesses can be used in the trial. This is used as a way to set up boundaries for the trial. This is also another opportunity for the defense team to argue that the case should be dismissed altogether.
Trial:
The Trial is the most “high-profile” phase of the criminal process, but a good defense lawyer’s goal is to avoid your case going to trial at all costs. During a criminal trial, the prosecutor presents evidence against the defendant and argues his/her case in effort to get a “guilty” verdict from the jury. The defense team tries to refute the evidence against the defendant and try to convince the jury that the defendant is not guilty. The jury considers both sides and must decide whether the defendant is not guilty or guilty “beyond a reasonable doubt” of the crime charged.
