Being arrested and charged with a DUI is not a situation anyone wants to find themselves in. However, if you find yourself in this circumstance, understanding what steps you need to take will give you the greatest chance of making it through this arduous process.
Before you do anything else, you need to understand that the clock is running against you. When you receive a DUI arrest in the state of Georgia, you have only thirty days to request a hearing or an ignition interlock device from the Department of Driver Services. If you fail to do so, you will be facing an automatic license suspension for up to twelve months.
If you have refused to submit to testing, that suspension will not allow you any permit to drive. The Georgia Department of Driver Services will only schedule a hearing for your license suspension and stay that suspension if you or your attorney files a request for a hearing or the previously mentioned interlock device within those first thirty days after you receive your citation.
If your license does get suspended, your attorney may help you apply for a limited permit, which will allow you to drive to work, school, doctor appointments, and other necessary destinations.
Court processes are typically very prolonged, and if you have been charged with a DUI, you may end up waiting a year or longer to be on a trial calendar. This potential delay is why the first step is so important, as it may be the only way to offset a possible license suspension.
Your DUI attorney will collect the evidence against you as early in the process as they can. In most DUI cases, the evidence will only consist of the arresting officer’s report, the chemical test results, and (if recorded) video or audio of the incident. However, if there was an accident involved, there may be additional witness statements or accident reports.
You will be able to review this information with your criminal law attorney, and they will meet with the prosecutor to work out a favorable plea bargain. Whether you choose to accept the bargain is entirely up to you, as they will vary heavily depending on the facts of the case, your prior record, and your age. If an acceptable plea is not an option, your case will proceed to the previously mentioned trial calendar.
There are many more steps involved in the process of fighting a DUI charge in Cobb County, but they are likely to differ depending on the specifics of your case. It is critical to begin that first step if you have been arrested and have not already spoken to an attorney, and our office will be happy to help.
Reach out to us immediately at 678-354-2290 to schedule your consultation, and our skilled attorneys will guide you through this difficult time. A DUI can be scary and frustrating, but having the right team by your side will help you navigate it safely!