Police officer conducting a traffic stop at night in Cobb County, Georgia, symbolizing a DUI arrest
Cobb County DUI Arrest – What to Do Next

A police officer conducts a traffic stop in Cobb County, GA, representing a DUI arrest. Learn the top 10 steps to take immediately after a DUI arrest from experienced lawyers at Blevins & Hong, PC.

If you’ve been arrested for a DUI in Cobb County, Georgia, it’s essential to take the right steps to protect your rights and minimize the potential consequences. As experienced Cobb County DUI lawyers at Blevins & Hong, PC, we understand the challenges you face and are here to guide you through the process. Here are the top 10 things you should do immediately after a DUI arrest in Cobb County:

1. Remain calm and be polite:

Cooperate with law enforcement, but remember that you have the right to remain silent. Avoid arguing or being confrontational, as this can only harm your case. When you’re arrested for a DUI in Cobb County, Georgia, it’s normal to feel overwhelmed, anxious, or even angry. However, it’s crucial to remain calm and be polite throughout the process. Here’s why:

Remaining calm allows you to think clearly and make informed decisions. If you become agitated or confrontational, you may say or do something that could hurt your case. By staying composed, you can better protect your rights and avoid providing incriminating information.

While you have the right to remain silent, it’s essential to cooperate with the arresting officer’s basic requests, such as providing your name and identification. Being polite and cooperative can help prevent the situation from escalating and may even be viewed favorably by the court later on.

Arguing, resisting arrest, or behaving aggressively towards law enforcement can lead to additional charges, such as obstruction of justice or assault on an officer. These charges can complicate your case and result in more severe penalties.

Staying calm can help you remember important details about the arrest, which may be crucial for your defense. If you’re agitated or upset, you may have difficulty recalling key information that could help your case.

Your behavior during the arrest can be used as evidence in court. By remaining calm and polite, you demonstrate good character and respect for the law, which may help create a more positive impression on the judge or jury.

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Remember, your actions during the arrest can significantly impact your DUI case. If you find it challenging to remain calm, politely invoke your right to remain silent and request to speak with an attorney from Blevins & Hong, PC. Our experienced Cobb County DUI lawyers, Richard Blevins and Soo Hong, can guide you through the process and help protect your rights. Contact us at (678) 354-2290 or visit our website at cobbcountylaw.com to schedule a consultation.

2. Cooperate with law enforcement:

When you’re arrested for a DUI in Cobb County, Georgia, it’s important to cooperate with law enforcement while still protecting your rights. Here’s what you need to know about cooperating with law enforcement during a DUI arrest:

When asked, provide the arresting officer with your name, address, and driver’s license. This basic information is required by law, and refusing to provide it can lead to additional charges.

Treat the arresting officer with respect and avoid using offensive language or behaving aggressively. Remember, your behavior during the arrest can be used as evidence in court, and maintaining a polite demeanor can help create a more positive impression.

Comply with the officer’s lawful requests, such as exiting your vehicle or submitting to a pat-down search for weapons. Refusing to follow instructions can be interpreted as resisting arrest and may result in additional charges.

While it’s essential to cooperate with law enforcement, you have the right to remain silent and avoid self-incrimination. Politely inform the officer that you wish to invoke your right to remain silent and that you would like to speak with an attorney before answering any questions.

Field sobriety tests, such as the walk-and-turn or one-leg stand, are voluntary in Georgia. You have the right to politely decline these tests without facing legal consequences. However, refusing a breathalyzer or blood test can result in a driver’s license suspension under Georgia’s implied consent law.

Ask to speak with a lawyer from Blevins & Hong, PC as soon as possible. Our experienced Cobb County DUI attorneys, Richard Blevins and Soo Hong, can provide guidance on how to protect your rights and cooperate with law enforcement while minimizing the risk of self-incrimination.

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Remember, cooperating with law enforcement does not mean you should sacrifice your legal rights. By remaining polite, providing basic information, and invoking your right to an attorney, you can navigate the DUI arrest process while protecting your interests. If you have questions or need assistance, contact Blevins & Hong, PC at (678) 354-2290 or visit our contact page  to schedule a consultation with our skilled Cobb County DUI lawyers.

3. Avoid additional charges:

When you’re arrested for a DUI in Cobb County, Georgia, it’s crucial to avoid actions that could lead to additional charges. These extra charges can complicate your case, increase potential penalties, and make it more challenging to achieve a favorable outcome. Here’s what you need to know about avoiding additional charges during a DUI arrest:

Emotions can run high during a DUI arrest, but it’s essential to resist the urge to argue with the arresting officer or become confrontational. Engaging in verbal disputes or physical altercations can result in charges such as disorderly conduct, obstruction of justice, or even assault on a law enforcement officer.

Attempting to flee the scene or resisting arrest can lead to serious additional charges, such as evading police or resisting arrest. These charges can carry significant penalties and may be considered separate offenses from the initial DUI charge.

Lying to law enforcement about your identity, address, or other relevant information can result in charges of providing false information to a police officer. Always be truthful when providing basic information to law enforcement.

Attempting to hide, destroy, or tamper with evidence related to your DUI case can lead to charges of tampering with evidence or obstruction of justice. This includes trying to conceal or dispose of alcohol containers, drugs, or other incriminating items.

While it’s important to cooperate with law enforcement, you should avoid making statements that admit guilt or provide incriminating information. Invoking your right to remain silent and requesting to speak with an attorney from Blevins & Hong, PC can help protect your rights and prevent you from unintentionally saying something that could harm your case.

The skilled attorneys at Blevins & Hong, PC, Richard Blevins and Soo Hong, can provide invaluable advice on how to navigate the DUI arrest process while minimizing the risk of additional charges. They can also work to defend you against any additional charges that may arise during your case.

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Remember, avoiding additional charges is essential to maintaining a focused DUI defense strategy and working towards the best possible outcome for your case. If you have questions or need assistance, contact Blevins & Hong, PC at (678) 354-2290 to schedule a consultation with our experienced Cobb County DUI lawyers.

4. Request an administrative hearing

After a DUI arrest in Cobb County, Georgia, one of the most important steps you can take is to request an administrative hearing with the Georgia Department of Driver Services (DDS). This hearing is separate from your criminal court proceedings and deals specifically with the suspension of your driver’s license. Here’s what you need to know about requesting an administrative hearing:

You have only 30 days from the date of your arrest to request an administrative hearing. If you fail to request a hearing within this timeframe, your driver’s license will be automatically suspended.

Our experienced Cobb County DUI lawyers, Richard Blevins and Soo Hong, can help you navigate the administrative hearing process. We can assist you in properly submitting your request and preparing for the hearing. Call us at (678) 354-2290 to discuss your case.

Your request for an administrative hearing must be made in writing and submitted to the Georgia Department of Driver Services. Our attorneys can help ensure that your request is properly drafted and filed.

At the administrative hearing, you’ll have the opportunity to present evidence and argue against the suspension of your driver’s license. Our skilled lawyers will work with you to build a strong case, which may include challenging the validity of the traffic stop, the arresting officer’s conduct, or the accuracy of the blood alcohol content (BAC) test results.

If you win the administrative hearing, your driver’s license suspension will be lifted, allowing you to continue driving while your criminal DUI case proceeds. If you lose the hearing, your license will be suspended, but our attorneys can help you explore options for obtaining a limited driving permit.

While the administrative hearing is crucial for protecting your driving privileges, it’s essential to remember that it does not address the criminal charges you face. Our experienced Cobb County DUI lawyers at Blevins & Hong, PC will work tirelessly to build a strong defense strategy for your criminal case, separate from the administrative proceedings.

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Requesting an administrative hearing is a critical step in protecting your rights and minimizing the consequences of a DUI arrest in Cobb County. By engaging the services of our skilled attorneys at Blevins & Hong, PC, you can ensure that your request is properly submitted and that you have the best possible representation at the hearing. Call us at (678) 354-2290 to schedule a consultation and learn more about how we can help you navigate the administrative hearing process.

5. Gather evidence

Gathering evidence is a crucial step in building a strong defense for your DUI case in Cobb County, Georgia. The evidence you collect can help your attorneys at Blevins & Hong, PC challenge the prosecution’s case and work towards a more favorable outcome. Here’s what you need to know about gathering evidence after a DUI arrest:

As soon as possible after your arrest, write down a detailed account of what happened. Include information about the traffic stop, the arresting officer’s behavior, and any field sobriety or chemical tests administered. This information can help your attorneys identify potential weaknesses in the prosecution’s case.

The police report contains the arresting officer’s account of the incident, which may include details about the reason for the traffic stop, your behavior during the arrest, and any tests administered. Your attorneys can use this information to identify inconsistencies or errors in the officer’s narrative.

Many police vehicles and body-worn cameras record video footage of DUI arrests. This footage can provide valuable evidence of the arresting officer’s conduct, your behavior, and the administration of field sobriety tests. Your attorneys can file a motion to obtain this footage and review it for any evidence that may support your defense.

If there were passengers in your vehicle or bystanders who witnessed the arrest, their testimony could be valuable for your case. Collect their contact information and provide it to your attorneys, who can interview them and potentially use their statements to challenge the prosecution’s evidence.

If you have any medical conditions or injuries that may have affected your behavior during the arrest or your performance on field sobriety tests, gather medical records or documentation to support your claims. Your attorneys can use this evidence to explain any alleged signs of impairment.

Be cautious about discussing your case on social media platforms, as prosecutors may use your posts as evidence against you. However, if you have any digital evidence that may support your defense, such as text messages or emails, preserve these records and provide them to your attorneys.

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At Blevins & Hong, PC, our experienced Cobb County DUI lawyers, Richard Blevins and Soo Hong, can help you identify and gather the evidence needed to build a strong defense for your case. We will thoroughly review all available evidence and use it to challenge the prosecution’s arguments and work towards the best possible outcome. Contact us at (678) 354-2290 to schedule a consultation and learn more about how we can assist you in gathering evidence for your DUI case.

6. Understand the charges

When you’re arrested for a DUI in Cobb County, Georgia, it’s essential to have a clear understanding of the specific charges you face and their potential consequences. This knowledge can help you make informed decisions about your case and work effectively with your attorneys at Blevins & Hong, PC to build a strong defense strategy. Here’s what you need to know about understanding the charges:

DUI charges in Georgia can vary based on factors such as your blood alcohol content (BAC), prior convictions, and whether any aggravating circumstances were present. Common charges include DUI per se (BAC of 0.08% or higher), DUI less safe (impairment regardless of BAC), and DUI drugs (impairment due to drug use). Your attorneys can explain the specific charges you face and their implications.

The consequences of a DUI conviction in Georgia can be severe, including fines, jail time, license suspension, and mandatory alcohol education or treatment programs. The severity of the penalties often depends on factors such as your BAC level, prior convictions, and whether any accidents or injuries occurred. Your attorneys at Blevins & Hong, PC can help you understand the potential penalties you face and work to minimize their impact.

Your attorneys can explain the various stages of the criminal court process, including arraignment, pretrial hearings, motions, and trial. They can also help you understand your rights at each stage and guide you through the process to ensure your interests are protected.

In some cases, your attorneys may be able to negotiate a plea bargain with the prosecution, which could result in reduced charges or more lenient penalties. They can also explore alternative sentencing options, such as DUI courts or alcohol treatment programs, which may be available in certain circumstances.

At Blevins & Hong, PC, our experienced Cobb County DUI lawyers, Richard Blevins and Soo Hong, will take the time to thoroughly review your case and explain the charges and potential outcomes. We encourage open communication and will work closely with you to ensure you have a clear understanding of your situation and the strategies we can employ to build the strongest possible defense.

As your case progresses, your attorneys will keep you informed of any developments and provide guidance on the best course of action. Don’t hesitate to ask questions or voice concerns; your understanding and participation are crucial to the success of your defense.

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Understanding the charges you face is an essential step in navigating the complex DUI legal system in Cobb County, Georgia. By working closely with the skilled attorneys at Blevins & Hong, PC, you can gain a clear understanding of your situation and make informed decisions about your case. Contact us at (678) 354-2290  to schedule a consultation and learn more about how we can help you understand and fight your DUI charges.

7. Be cautious when discussing your case

After a DUI arrest in Cobb County, Georgia, it’s crucial to be cautious when discussing your case with anyone other than your attorneys at Blevins & Hong, PC. Statements you make to others, whether in person or online, could potentially be used against you in court and jeopardize your defense. Here’s what you need to know about being cautious when discussing your case:

The conversations you have with your lawyers at Blevins & Hong, PC are protected by attorney-client privilege. This means that you can speak freely and honestly with Richard Blevins and Soo Hong about your case without fear that your statements will be disclosed to others or used against you in court.

While it’s understandable to want to confide in loved ones about your situation, it’s best to avoid discussing the details of your case with anyone other than your attorneys. If called to testify, your family and friends could be compelled to reveal any information you’ve shared with them, which could potentially harm your defense.

In today’s digital age, it’s important to be mindful of your online presence. Avoid posting about your DUI arrest or case on social media platforms like Facebook, Twitter, or Instagram. Prosecutors may monitor your social media accounts and use any incriminating statements or images against you in court.

If law enforcement officers or investigators attempt to question you about your case after your arrest, politely decline to speak with them and refer them to your attorneys at Blevins & Hong, PC. Remember, you have the right to remain silent and should exercise this right to protect your interests.

Be cautious when discussing your case in public places, such as restaurants or workplaces, where others may overhear your conversation. Even casual remarks about your arrest or case could be misinterpreted or used against you if overheard by the wrong person.

Your lawyers at Blevins & Hong, PC are experienced in handling DUI cases in Cobb County and know how to communicate effectively with prosecutors, law enforcement, and other parties involved in your case. Trust them to handle these communications on your behalf and to advise you on what information is safe to share and with whom.

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By being cautious when discussing your DUI case, you can help protect your rights and avoid providing information that could be used against you in court. The skilled attorneys at Blevins & Hong, PC, Richard Blevins and Soo Hong, are committed to providing you with the guidance and support you need to navigate this challenging time. Contact us at (678) 354-2290 to schedule a consultation and learn more about how we can help you protect your interests and build a strong defense for your DUI case.

8. Prepare for your arraignment

After a DUI arrest in Cobb County, Georgia, one of the first court appearances you’ll have is your arraignment. This is a critical stage in your case, and it’s essential to be well-prepared. The experienced Cobb County DUI lawyers at Blevins & Hong, PC, Richard Blevins and Soo Hong, can guide you through the arraignment process and help protect your rights. Here’s what you need to know about preparing for your arraignment:

At your arraignment, the court will formally read the charges against you, and you’ll be asked to enter a plea of guilty, not guilty, or no contest. This is not a trial, and the court will not hear evidence or arguments about your case at this stage.

Before your arraignment, meet with your lawyers at Blevins & Hong, PC to discuss your case in detail. They will review the evidence against you, explain your legal options, and help you determine the best course of action based on your unique circumstances.

Your attorneys will advise you on whether to plead guilty, not guilty, or no contest at your arraignment. In most cases, it’s advisable to plead not guilty to preserve your rights and give your lawyers time to build a strong defense on your behalf.

While your appearance should not impact the outcome of your case, it’s important to show respect for the court by dressing appropriately for your arraignment. Your attorneys can provide guidance on what to wear to make a positive impression.

Arrive at the courthouse early on the day of your arraignment to allow time for parking and security checks. When addressing the judge, be respectful and follow the guidance of your attorneys.

After your arraignment, your attorneys will discuss the next steps in your case with you, which may include pretrial hearings, motions, or plea negotiations. They will keep you informed of any developments and provide ongoing guidance and support throughout the legal process.

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Preparing for your arraignment is an important step in building a strong defense for your DUI case in Cobb County, Georgia. The knowledgeable attorneys at Blevins & Hong, PC have extensive experience representing clients at arraignments and throughout the DUI legal process. They will work tirelessly to protect your rights and achieve the best possible outcome for your case. Contact Richard Blevins and Soo Hong at (678) 354-2290 to schedule a consultation and learn more about how we can help you prepare for your arraignment and fight your DUI charges.

9. Consider treatment options

If alcohol or substance abuse played a role in your DUI arrest in Cobb County, Georgia, considering treatment options can be an important step in building a strong defense and demonstrating your commitment to positive change. Seeking treatment can also help you address underlying issues and improve your overall well-being. Here’s what you need to know about considering treatment options after a DUI arrest:

The experienced Cobb County DUI lawyers at Blevins & Hong, PC, Richard Blevins and Soo Hong, can help you understand how seeking treatment may benefit your case. They can advise you on the types of programs available and how participating in treatment may be viewed favorably by the court.

Take an honest look at your alcohol or drug use and consider whether it has negatively impacted your life. If you believe you may have a substance abuse problem, seeking treatment can be a crucial step in achieving lasting change and preventing future legal issues.