Facing a DUI charge in Georgia can be intimidating. The court process may seem confusing if you are unfamiliar with what happens after an arrest. Understanding the steps can ease uncertainty and allow you to make better choices. The following explains what typically happens in Georgia DUI cases and how each stage may affect you.
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The Arrest and Booking Stage 
The process begins when a law enforcement officer believes you are driving under the influence. The officer may administer field sobriety tests and request a breath or blood test. If you are arrested, you will be taken to jail where your personal information is recorded. You may be held for a period of time before being released, usually on bond. After release you will receive a court date, which is the beginning of the formal legal process.
The Arraignment Hearing
Your first appearance in court is known as the arraignment. This is when the judge informs you of the charges against you. You will be asked to enter a plea of guilty, not guilty, or no contest. Many people enter a plea of not guilty at this stage to give their attorney time to review the evidence and prepare a defense. The arraignment is generally brief but it is important because it sets the tone for what comes next.
Pretrial Motions and Hearings
Before trial your attorney may file motions to challenge the evidence. This could involve questioning whether the stop was lawful, whether testing equipment was properly maintained, or whether your constitutional rights were respected. These hearings give the defense a chance to weaken the state’s case. In some situations the judge may rule that evidence cannot be used at trial. In rare cases a strong pretrial motion could result in the dismissal of the charges.
He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments. Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive yearsGreg Willis has been successful at defending DUI cases (over 93% without a conviction)
The Trial in a DUI Case
If your case proceeds to trial it will be heard either by a judge or by a jury. The prosecution must prove beyond a reasonable doubt that you were driving under the influence. Evidence may include police testimony, chemical test results, dashcam or bodycam footage, and other witness accounts. Your defense attorney will have the opportunity to cross examine the state’s witnesses and present evidence on your behalf. Trials can last from a single day to several days depending on the complexity of the case.
Understanding the Burden of Proof
It is important to know that the burden of proof rests entirely on the prosecution. They must convince the judge or jury that every element of the DUI offense has been met. If the state fails to do so, you cannot be found guilty. This high burden is why many DUI cases are defensible, especially if evidence is weak, improperly obtained, or inconsistent.
Sentencing in Georgia DUI Cases
If you are convicted of DUI in Georgia, the court will issue a sentence. Sentencing may involve fines, probation, community service, alcohol education programs, or jail time. In addition to criminal penalties, the Department of Driver Services may impose a driver’s license suspension. The penalties depend on whether this is your first DUI or if you have prior convictions. Repeat offenses generally carry harsher consequences.
Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.” - Travis Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case." - James Hellens Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way." - Anonymous
Alternative Resolutions
Not every DUI case ends with a trial or a conviction. Some cases may be resolved with a plea bargain. This means you agree to plead guilty to a lesser charge in exchange for reduced penalties. In certain circumstances alternative sentencing may be available, such as treatment programs or diversion opportunities. These outcomes vary depending on the facts of the case, the county where the case is heard, and the discretion of the judge.
The Role of an Attorney
The DUI court process is complex and filled with deadlines and procedures. An experienced attorney can guide you through every stage. A lawyer can review whether the traffic stop was legal, examine the testing methods used, and challenge any irregularities in the prosecution’s case. Having an advocate by your side ensures that your rights are protected and that you understand every option available.
Local Considerations in Georgia
DUI cases in Georgia may differ slightly depending on the county or municipality where the arrest took place. For example, Atlanta courts may handle cases differently than smaller suburban courts. Judges may have their own preferences for how hearings proceed. An attorney familiar with local court practices can provide insight that may improve the outcome of your case.
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Long Term Impact of a DUI Conviction
A DUI conviction in Georgia can have lasting effects beyond the courtroom. Insurance rates may rise significantly, and some employers may view a DUI on your record negatively. Certain professional licenses may also be affected. Because of these long term consequences, taking the case seriously from the very beginning is critical.
Why Early Action Matters
Acting quickly after a DUI arrest is important. Georgia law allows you to challenge the automatic suspension of your driver’s license, but you must request a hearing within a limited time. Missing this deadline may result in the loss of your driving privileges even before your case goes to court. Contacting an attorney immediately after your arrest ensures that important deadlines are met and your options remain open.
Protecting a Professional License After a DUI and Refusal of a Blood Test Result: DUI Dismissed with No Jail Time and No Loss of License Challenging Admissibility of a .19 BAC Blood Test and Field Sobriety Evaluation Result: No Jail Time, No DUI on Record, No License SuspensionFeatured Case Results
How Willis Law Firm Can Help
At Willis Law Firm we focus on defending clients charged with DUI in Atlanta and across Georgia. We know the challenges you face when accused of driving under the influence and we fight to protect your rights and your future. Our team understands how the courts operate and we are dedicated to achieving the best possible outcome for every client.
If you have been charged with DUI in Georgia, call Willis Law Firm today for a free consultation. We serve clients in Atlanta and surrounding areas.