Georgia DUI Arrest
Being arrested for any crime is difficult and confusing. A DUI arrest is no exception. Below are the several steps you will have to go through if arrested for drunk driving in Georgia.
After you are arrested, you must post bond to get out of jail. There are three ways that you can do this: post cash for the full amount, post a property bond, or pay a commercial bondsman.
If you post the cash bond, the entire amount will be returned to you after the case is over.
If you post a property bond, your property acts as a security. After your case is over, your property will be released.
If you had a commercial bondsman post your bond, he will keep a percentage of the amount of the bond. You will not get that money back after the case. If you did pay any collateral over that percentage, you get that money back after the case.
After your release from jail, you must attend your arraignment. The information about the arraignment is normally at the bottom of your traffic citation. During the arraignment, you will either enter a plea of not guilty or guilty. If you plead not guilty, the court will tell you when your trial date is. If you plead guilty, you will be sentenced immediately.
Next, your attorney must file pre-trial motions. Anything that your attorney feels should be suppressed will be discussed during a pre-trial hearing. The judge will then decide what is admissible or inadmissible. At this point, the judge could throw out your case if it is determined that the officer had no reasonable suspicion to stop and/or arrest you.
If you crime was a misdemeanor, you will have a six-person jury hear your case. If it was a felony, you will have a twelve-person jury. At a bench trial, only the judge will hear your case.
It is important to have witnesses to testify on your behalf. You may also have an expert witness come in to deal with the evidence in your case. These experts charge fees that are separate from the fees that you pay your attorney.
If you are acquitted at the trial, you are done with all court proceedings. If you are convicted, the judge will then conduct a sentencing hearing. The prosecutor and your attorney may introduce evidence to influence your sentence, but in the end, the judge makes the final decision.
If you have recently been arrested for DUI in Georgia, you need to hire an attorney who is experienced with the legal system. Gregory A. Willis, one of the top DUI attorneys in the state, is ready to help you. To contact him, fill out our online form today.