Georgia DUI Timeline

Arrest, ALS, DDS Hearing, Arraignment, Discovery, Motions, and Trial

Being arrested for DUI in Georgia can feel like a whirlwind of confusion, uncertainty, and stress. From the moment you’re pulled over to the final trial, there are many crucial steps that determine the outcome of your case. Understanding this process and knowing what to expect can make all the difference. At Willis Law Firm, we’re here to walk you through each stage of the DUI timeline and help you navigate this challenging situation with confidence.

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1. DUI Arrest: The Beginning of the Legal Process

A DUI arrest in Georgia typically begins with a traffic stop. A police officer may pull you over due to suspected impaired driving. Signs such as swerving, erratic behavior, or speeding could prompt the officer to administer field sobriety tests (FSTs). If the officer believes you are intoxicated, they may arrest you and request that you take a breath, blood, or urine test to measure your blood alcohol concentration (BAC).

It’s important to note that Georgia follows an implied consent law, meaning that if you refuse to take a chemical test, you could face a one-year license suspension. If you do take the test and your BAC is above 0.08%, you will face the possibility of an Administrative License Suspension (ALS). However, before this suspension can take effect, you have the right to request a hearing with the Georgia Department of Driver Services (DDS).

2. Administrative License Suspension (ALS) and Your Hearing

One of the first things to understand in the DUI process is the ALS, which is an automatic suspension of your driver’s license if you refuse a chemical test or fail it. This suspension is separate from any criminal penalties you may face. If your BAC is over 0.08% or you refuse to take the test, the police will issue you a 45-day temporary driving permit.

To contest the ALS and avoid losing your license, you must request a hearing with the DDS within 30 days of your arrest. If you miss this deadline, your license will be automatically suspended. The hearing is an opportunity to challenge the suspension based on factors like improper procedure during the arrest, invalid test results, or any other mitigating circumstances.

At Willis Law Firm, our experienced DUI attorneys can help you file the request on time and represent you at the DDS hearing to protect your right to drive.

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

3. DDS Hearing: What to Expect

The DDS hearing is crucial because it allows you to challenge the administrative suspension of your driver’s license. After you’ve requested the hearing, it will typically take place within 30 to 60 days of your arrest. Unlike the criminal court case, the DDS hearing focuses only on the administrative issues surrounding your arrest and license suspension.

At the hearing, an administrative law judge will review evidence, which may include the arresting officer’s testimony, the results of your BAC test, and any other relevant documentation. Based on this review, the judge will determine whether your license should be suspended or reinstated. If the judge rules in your favor, you will not face a suspension. If you lose the hearing, your license may be suspended, but you will still have the opportunity to challenge the criminal charges in court.

4. Arraignment: The Court Appearance

The next step in the Georgia DUI process is the arraignment, which is your first appearance in court. This hearing typically occurs within a few weeks of your arrest. At the arraignment, the charges against you will be read aloud, and you will have the opportunity to enter a plea. The typical plea options are:

• Guilty: Accepting responsibility for the offense and its consequences.
• Not Guilty: Denying the charges and requesting a trial.
• No Contest: Not admitting guilt but accepting the consequences.

At the arraignment, you will also receive information about future hearings and deadlines for filing motions. If you are represented by a DUI lawyer, they will handle the legal matters for you, ensuring you understand the process and helping you make informed decisions.

5. Discovery: Gathering Evidence for Your Defense

After the arraignment, the discovery phase of your case begins. Discovery is the process by which both the defense and prosecution exchange information and evidence. This may include police reports, breathalyzer or blood test results, dashcam footage, and any witness statements. Discovery allows your defense attorney to review all the evidence against you and decide on the best course of action.

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

During this phase, your attorney will assess the strength of the prosecution’s case. If there are issues with the evidence, such as improperly administered tests, inaccurate readings, or faulty equipment, your attorney may be able to challenge the admissibility of certain evidence. At Willis Law Firm, we thoroughly examine all the evidence to build a robust defense strategy that gives you the best chance of a favorable outcome.

6. Pre-Trial Motions: Strengthening Your Defense

Once the discovery phase is complete, your attorney may file pre-trial motions with the court. These motions are formal requests to the judge that could help strengthen your defense. Some common pre-trial motions in DUI cases include:

• Motion to Suppress Evidence: This motion asks the court to exclude evidence that was obtained illegally or improperly. For example, if a breathalyzer test was not properly calibrated, the results may be challenged and excluded.
• Motion to Dismiss Charges: If the prosecution’s evidence is insufficient or the arrest was made without probable cause, your attorney may request that the charges be dismissed.
• Motion for Discovery: If there is missing evidence, your attorney may request that the prosecution provide it before trial.

These motions can be pivotal in getting charges reduced or dismissed, and skilled representation is essential in this phase of the case.

7. Trial: The Final Stage

If your case progresses to trial, both the prosecution and defense will present their arguments before a judge or jury. During the trial, the prosecution will attempt to prove that you were driving under the influence, while your attorney will present evidence to dispute the charges.

At trial, your attorney may challenge the validity of field sobriety tests, question the reliability of breathalyzer results, or demonstrate that the officer did not have probable cause to arrest you. A DUI trial is complex and requires expert legal representation. At Willis Law Firm, our team is committed to fighting for your rights and working toward the best possible outcome.

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How Willis Law Firm Can Help

Facing DUI charges in Georgia is a serious matter, and it’s essential to have an experienced attorney by your side. At Willis Law Firm, we understand the DUI process and the importance of timely action to protect your rights. From the ALS hearing to the final trial, we provide comprehensive legal representation to help you navigate each step with confidence.

If you’ve been arrested for DUI, don’t wait—contact Willis Law Firm today for a consultation and let us guide you through this challenging process.