Posted by duijim in on June 13, 2023

Atlanta, GA: First Steps After a DUI Arrest

An arrest for DUI can serve as a wake-up call and prompt positive changes in your life, so having a skilled and dedicated criminal attorney on your side increases your odds of victory in court.

Documenting everything from the time you were arrested until your release may be crucial in helping your attorney defend you, such as whether police provided adequate warning of their Miranda rights to you.

Arranging an Arraignment

Many individuals are unfamiliar with the criminal justice system and arrest for DUI can be an intimidating experience. If arrested in Georgia for a DUI charge, several court appearances will need to be attended including an arraignment, preliminary hearing and calendar call hearing – it is critical that an experienced Atlanta DUI attorney represents you during these proceedings.

At your arraignment, a judge will inform you of the charges brought against you and ask how you plan to plead. Your options include either pleading guilty or not guilty – in either case your case will either proceed through pre-trial or trial before a Court judge depending on its circumstances; or it could continue towards jury trial depending on its particulars.

At a preliminary hearing (commonly referred to as a “bindover or probable cause hearing”), a magistrate judge will listen to evidence presented by the prosecution and determine if there is sufficient evidence that you were driving under the influence of alcohol or drugs at the time of offense. If no probable cause can be proven by the magistrate judge, your case will be dismissed; otherwise if bail cannot be met within an appropriate amount of time then bail hearings will be scheduled as necessary.

Requesting an Administrative License Suspension Hearing

As soon as a driver is arrested for DUI, their license will be taken and sent directly to the Department of Driver Services for processing. At that point, they’ll also receive a pink piece of paper as their temporary driving permit until their court hearing date. They have 10 business days within which to request an Administrative License Suspension hearing (ALS).

If a hearing is not requested within 14 days of being charged with DUI offenses, their driver’s license will automatically be suspended automatically, regardless of how the case goes in court. This is because the Administrative Licensing System process (ALS) has nothing to do with whether you will ultimately be found guilty for these offenses.

An administrative law judge (ALJ) hearing can help determine your ability to keep driving. At this hearing, your attorney can challenge allegations from arresting officers that you were driving under the influence and refused a blood or breath test.

At the conclusion of your hearing, an administrative law judge will issue their ruling and publish their order online and to all parties involved (including Driver Services ). If you disagree with their ruling, within 30 days from receipt of their decision to uphold your suspension order you can file either an appeal or motion for reconsideration with them.

Obtaining a Temporary Driving Permit

If this is your first DUI arrest, you may qualify for a Georgia limited driving permit. A judge must fill out Department of Driver Services form 1126 or sign a court affidavit to grant one and allow you to drive with someone at least 21 years old present.

Within 10 days after being arrested, you must complete an alcohol and drug awareness course and receive a certificate of completion from your local DMV office. Call ahead if there are any requirements or fee schedules; bring both photo driver’s licenses and proof of insurance with you for verification purposes.

Pay the appropriate fees in cash, personal check or credit card – depending on your age you may also need to take a vision test and submit an Eye Test Report (MV-619).

As part of your application, you will also need to pass a written test administered by the DMV. If successful, an interim license will be provided immediately with permanent copies arriving shortly thereafter in the mail. If unsuccessful, an emergency learner’s permit will be issued until your permanent license arrives in the mail.

Getting an Ignition Interlock Permit

At the conclusion of a DUI driver’s license suspension period, a court may order them to only operate vehicles equipped with ignition interlock devices (IID). This restriction often acts as an alternative to impounding their driving privileges. An IID is essentially a breathalyzer which measures blood alcohol content before starting their vehicle; an invaluable device for those convicted of drunk driving as it serves to deter future drinking and driving incidents.

Georgia law mandates that anyone found guilty of DUI must have an IID installed for at least 12 months – regardless of whether their case was dismissed or found guilty – before seeking to have it removed by a district court judge for good cause shown.

Each state establishes their own ignition interlock program, which determines when and how you can obtain a restricted permit, the type of IID required, driving times permitted during the daytime hours and other details. Your attorney can advise on specifics related to your case as well as how to obtain the appropriate permit from state-approved IID providers such as Intoxalock who offer state-approved IID solutions with staff dedicated specifically for each state that can help determine your requirements.