New Year’s celebrations in Atlanta are often filled with excitement, but unfortunately, they can also lead to unfortunate events such as DUI arrests. If you find yourself arrested for driving under the influence during the festive season, it’s important to understand the legal timeline that unfolds within the first 72 hours after your arrest. This guide will walk you through what happens during this critical time, what to expect at each stage, and how an experienced DUI attorney can help you navigate the legal system to protect your rights.
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The First 24 Hours: What to Expect After Your Arrest 
The moment you are arrested for DUI in Atlanta, the legal clock begins ticking. During the first 24 hours, several important steps take place that set the foundation for your legal proceedings. These steps involve initial processing, testing, and the possibility of bail.
Booking and Processing at the Police Station
After your DUI arrest, you’ll be taken to a local police station for booking. The booking process is a routine procedure that includes fingerprinting, a mugshot, and the collection of your personal information. You will also be asked to provide information about your arrest and any previous criminal history. This process typically takes a couple of hours but can feel stressful as you face the reality of the situation.
Sobriety Testing and the Breathalyzer
If you were not given a breathalyzer or blood test at the scene of the arrest, you will likely be asked to provide one at the police station. In Georgia, refusing to take a breathalyzer test can result in an automatic suspension of your driver’s license, which can have serious consequences. It’s important to note that the law assumes that you’ve consented to such testing by driving in Georgia, so a refusal could lead to an automatic suspension. Your DUI attorney can help challenge any test results if they are flawed or improperly administered.
Greg Willis has been successful at defending DUI cases (over 93.1% without a conviction)
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 years
Bail and Release
Once booked, you will have the opportunity to post bail if eligible. This can allow you to leave jail temporarily while awaiting further legal proceedings. The bail amount depends on several factors, including the severity of the arrest, your criminal history, and whether you pose any flight risk. If you are not granted bail, you will remain in custody until your first court appearance. In any case, contacting an experienced DUI attorney as soon as possible is crucial to help manage the legal process.
24–48 Hours: License Suspension and Temporary Permits
Between 24 and 48 hours following your DUI arrest, there are several significant developments related to your driver’s license and the continuation of your legal proceedings.
Automatic License Suspension
One of the first consequences you may face after being arrested for DUI is the suspension of your driver’s license. In Georgia, an automatic license suspension occurs if you fail a breathalyzer test or refuse to take one. If you have been arrested for DUI and your blood alcohol concentration (BAC) exceeds the legal limit, your license can be suspended. This suspension can range from a few months to a year, depending on the circumstances of your arrest and any prior DUI offenses.
However, Georgia law gives you the right to contest your license suspension. You can request an administrative hearing with the Department of Driver Services (DDS) within 10 days of your arrest. If you miss this window, you may face a longer license suspension. An experienced DUI attorney can help you navigate the complexities of this process and potentially minimize the length of your suspension or even avoid it altogether.
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
Temporary Driving Permit
In certain circumstances, Georgia law allows you to apply for a temporary driving permit while your license is suspended. This permit allows you to continue driving for specific purposes, such as commuting to work or attending court-ordered programs. Your attorney can help you file the necessary paperwork to request a temporary permit and ensure you comply with the legal requirements.
Preparation for Court
By the second day after your arrest, your DUI attorney should be investigating the details of your case. This includes reviewing any available police reports, sobriety test results, and evidence. Your lawyer will also be strategizing for the upcoming court proceedings and determining whether there are grounds to challenge the charges.
48–72 Hours: Court Appearance and Legal Strategy
The third day following your DUI arrest in Atlanta is when you will likely face your first court appearance or arraignment. This is a crucial moment in your legal journey. During this appearance, you will formally face the DUI charges, and your lawyer will represent you in front of the judge.
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What Happens at Arraignment
At your arraignment, you will be required to enter a plea—guilty, not guilty, or no contest. Most individuals who are arrested for DUI will plead not guilty at this stage. This plea allows your attorney time to review all of the evidence, assess any potential weaknesses in the prosecution’s case, and explore all possible legal defenses. It also gives you time to gather more information and prepare for future hearings or a trial.
It’s essential to understand that your not guilty plea does not mean you will necessarily go to trial immediately. In many cases, your attorney can negotiate a plea deal or dismissal, depending on the strength of the evidence and other factors.
Bail and Additional Hearings
At this stage, the court may also revisit the issue of bail. Depending on the nature of the charges and any past offenses, the court may choose to release you on bail or set additional conditions for your release. You may also learn whether the prosecution is pursuing additional charges, such as reckless driving, which could complicate your case.
Driver’s License Suspension Hearing
If you’ve requested a hearing to contest your driver’s license suspension, this will be scheduled during this period. Your attorney will argue on your behalf, presenting any evidence that can help mitigate the consequences of the suspension, such as the failure of the breathalyzer test or issues with the way the test was administered.
Featured Case Results
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 Suspension
Next Steps in the Legal Process
Once the initial court appearance is over, your attorney will work to gather evidence, consult with expert witnesses if necessary, and start preparing for your trial (if applicable). They will also continue communicating with the prosecution to see if a plea agreement can be reached or if the charges should be reduced.
Why Hiring a Skilled DUI Attorney is Crucial
If you’ve been arrested for DUI in Atlanta during the New Year’s festivities, your best course of action is to hire a skilled DUI defense attorney as soon as possible. A skilled lawyer, such as those at Willis Law Firm, can make all the difference in the outcome of your case.
Here are just a few reasons why legal representation is so important:
- Challenge Evidence: Your attorney will review all evidence related to your arrest, including breathalyzer results, sobriety tests, and any video footage, to determine whether the evidence against you is reliable.
- Defend Your Rights: An experienced lawyer knows how to protect your constitutional rights, ensuring that any mistakes made by law enforcement don’t result in a conviction.
- Minimize Consequences: If you are convicted, a DUI attorney can work to reduce the penalties you face. This might include negotiating for lesser fines, reduced license suspension periods, or alternatives to jail time, such as probation or community service.
- Courtroom Representation: Navigating the courtroom and understanding the complexities of DUI law can be intimidating. Your attorney will advocate on your behalf, ensuring you have the best possible chance of a favorable outcome.
The Willis Law Firm specializes in DUI defense in Atlanta and throughout Georgia. If you’ve been arrested for DUI, you need a trusted legal expert who understands the nuances of DUI law and how to build a compelling defense. Contact Willis Law Firm for a free consultation. We will take the time to understand your case and provide the legal support you need during this challenging time.