What Should You Do After a DUI Arrest?

Thurston Lopes • Nov 15, 2019

Countless people are arrested for DUI in the United States each year. Each DUI arrest is unique, but many of the steps that follow the arrest are the same. Knowing those steps and how to conduct yourself can be essential if you're arrested for a DUI in Georgia.


DO NOT COOPERATE WITH AUTHORITIES

Surely it is correct and often a matter of your personal safety to be polite when dealing with police. However, it is not your job as a citizen to cooperate with the police before and after your arrest. Police officers trick the general public into believing that at a vehicle stop, you have to take field sobriety tests. Under Georgia law no driver is ever required to give field sobriety tests, but the police have no duty to inform citizens of this fact. The police may request that you take a breath alcohol test following an arrest for DUI, assuming the police officer gives you implied consent warnings. You have a right to refuse such a test, as the Georgia Supreme Court has recently ruled in 2018 that such tests are inadmissible and coercive. However, the Georgia Supreme Court has not likewise ruled that blood alcohol tests are inadmissible. If you refuse the test, your driver's license may be suspended for a year. Moreover, if your reading is above the legal limit — .08 percent in Georgia — your driver's license may also be suspended for a year. Accordingly, if you know that you might be intoxicated it is not in your best interest to cooperate with police. Though you'll be arrested and taken to jail, an experienced attorney like Attorney Lopes, who has handled countless DUI and administrative license suspension hearings can provide you excellent representation.


CONTACT A LAWYER

A DUI lawyer who handles cases in Cobb County and all municipal courts near Marietta, GA, can help you. Contact Attorney Lopes, an experienced in DUI lawyer, and not a general lawyer. DUI laws can be complicated, and they change often. A good DUI lawyer can let you know what to expect and what you need to do.


POST BAIL

You may be required to post bail for your release. You pay a fee to a bail bondsman, who guarantees you'll show up for court. If you don't show, the bail bondsman will come looking for you. In some cases, you may be released on your own recognizance, meaning you promise to show up for a hearing and don't have to pay any money.


REQUEST AN ADMINISTRATIVE LICENSE SUSPENSION HEARING

Police officers frequently fail to provide license suspension documents, as required by law if you refuse the State Administer Chemical Test of your Breath, Blood or Urine or your reading is above the legal limit. Make no mistake, several officers do this on purpose, as though citizens are called to cooperate with them, they are not fair to us. You have a certain amount of time — 30 days in Georgia — to request a hearing to the Georgia Department of Driver Services along with a payment of $150.00, to determine if you'll be allowed to keep your license. If you don't request a hearing within the time allowed, your license will be suspended for a year in Georgia. Accordingly, every DUI case not only has a criminal component, but it also has a civil component in Georgia involving your continued right to drive on the roadways of Georgia. If you fail to request this hearing and fight for your driver's license it will be suspended, it is nearly impossible to have your license reinstated after the suspension period begins unless the matter can be overcome in the criminal traffic court.


MAKE NOTES

While the event is fresh in your mind, jot down things like what you were doing before the DUI arrest, what happened at the scene of the arrest, what you said to the police, and whether there were any witnesses.


UNDERSTAND YOUR ARRAIGNMENT AND PLEA AND OPTION FOR TRIAL

At your arraignment it is never a good idea to not have an experienced DUI lawyer, like Attorney Lopes at your side. At the arraignment, an experienced DUI lawyer will file motions to preserve your rights and place the State on the defense to prove its case to be sound. Accordingly, if you don't have an experienced attorney yet, consider calling The Lopes Law Firm at (404) 589-9000, or if you must appear in court without an attorney always ask the Judge for time to hire your own attorney. You should always plea “not guilty,” so you have the opportunity to fight the charges of DUI. Once you do hire competent counsel, your attorney may request the State's file, find and discuss weaknesses with the prosecution, work out a plea bargain, or get ready to present legal motions that may challenge the validity of the stop of your vehicle or the validity of the officer's actions and get ready for the trial of your case.


If you decide to plead guilty to the charges, an experienced DUI lawyer, like Attorney Lopes may be able to reduce the charges in your case or provide you the option of receiving a reduced sentence. It is not uncommon for an experienced DUI lawyer to be able to preserve your rights to drive on a limited basis even if you enter a guilty plea to the charge of DUI in Georgia. 


APPEAR FOR COURT

Be professional at your court appearances. Show up on time, keep your composure, and show respect for the court. Dress appropriately. If you're a female, wear a skirt or pants with a blouse. If you're a male, wear a shirt, tie, and pants. Bring family members or others to support you, and make sure they act and dress in a professional manner.


If you're arrested for DUI, call The Lopes Law Firm at (404) 589-9000 and request a case evaluation from Attorney Lopes. You will be glad you did.

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Driving under the influence (DUI) is a serious offense that can have lasting consequences on your life. If you have been charged with a DUI in Georgia, it is crucial to hire an experienced DUI attorney to help navigate the legal process and protect your rights. In this blog post, we will discuss the importance of hiring a DUI attorney in Georgia and how they can assist you in achieving the best possible outcome for your case.  Expertise and Experience: A DUI attorney specializes in defending individuals charged with DUI offenses and has extensive experience handling these types of cases. They are familiar with the laws and procedures specific to Georgia, which can help them build a strong defense strategy on your behalf. An experienced attorney will know how to challenge evidence, negotiate with prosecutors, and advocate for reduced charges or penalties. Protection of Rights: When facing a DUI charge, it is imperative to have someone who will protect your rights throughout the legal process. A DUI attorney will ensure that law enforcement officials followed proper protocol during your arrest and that any evidence against you was obtained legally. They will also advise you on what to say (and not say) to avoid self-incrimination during questioning. Minimization of Penalties: A DUI conviction can result in significant penalties such as fines, license suspension, mandatory ignition interlock device installation, community service, or even jail time. By hiring a DUI attorney, you increase your chances of minimizing these penalties or potentially having the charges dismissed altogether. Your attorney may be able to negotiate for a plea deal or alternative sentencing options that could lessen the impact on your life. Courtroom Representation: Navigating the courtroom can be overwhelming, especially if you are unfamiliar with legal proceedings. A DUI attorney will represent you in court hearings and trials, presenting evidence and arguments on your behalf. They have experience dealing with judges and prosecutors and know how to effectively communicate your case to achieve the best possible outcome. Peace of Mind: Dealing with a DUI charge can be stressful and emotionally draining. By hiring a skilled DUI attorney, you can rest assured knowing that someone is fighting for your rights and working towards resolving your case favorably. Your attorney will handle all aspects of your defense, allowing you to focus on moving forward from this difficult chapter in your life. Hiring a DUI attorney in Georgia is crucial if you want to protect your rights and secure the best possible outcome for your case. From expertise and experience to protection of rights and minimization of penalties, an experienced attorney can provide invaluable support every step of the way. Don't face a DUI charge alone – reach out to a reputable DUI attorney today for guidance and representation.

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