Do You Need a Lawyer for a DUI?

While its prevalence has declined considerably in the past dozen years, driving while under the influence of alcohol or drugs (DUI) remains one of the most common offenses committed in Georgia. According to the Georgia Department of Driver Services, more than 12,000 drivers were convicted of DUI in the state in 2020, which is just a fraction of the number of people who were arrested and charged with DUI over the same period.

If you’ve been charged with DUI in Georgia, you could be facing penalties, including jail time, fines, and loss of your driver’s license for a year or more. You may be thinking that there’s no point in hiring counsel – after all, is there any legal defense for a DUI? Is there anything for an attorney to do? Do you need a lawyer for a DUI?

Whether it ws poor judgment, a mistake, or poor police procedure that landed you on the wrong side of Georgia’s DUI laws, you will need a lawyer to help you navigate the coming months and help you obtain the best possible outcome for your case.

DUIs Come With Two Separate Sets of Penalties

In Georgia, a DUI arrest prompts two separate sets of actions by the state: the administrative process of suspending your license is started by the Department of Driver Services (DDS), and the criminal prosecution of your DUI case is started by the courts in the county where you were arrested.

Both the administrative license suspension (ALS) and criminal proceedings provide you with an opportunity to argue your case. In order to ensure the best possible outcome, your DUI attorney should guide you through both processes.

Administrative License Suspension

When you are arrested for DUI, the state starts the process of suspending your driver’s license. The moment of your arrest starts a 30-day clock. You have until that clock runs out to file an appeal to prevent the automatic suspension of your license. This appeal is sometimes known as a 30-day letter.

If you fail to obtain counsel and submit a valid 30-day letter within the first thirty days of your arrest, your license will automatically be suspended for 12 months.

When you submit a 30-day letter, you have two options for how to proceed. You may either:

Request a hearing, known as an administrative license hearing, where your case will be heard by the DDS, and a final determination will be made as to whether or not you will retain your driving privileges.
Agree to install an ignition interlock device on your car that requires you to breathe into a special device that ensures you aren’t intoxicated before you can start the vehicle.

By relying on a trusted defense attorney to manage your DUI case, you can rest assured that your 30-day letter is correctly prepared and submitted on time.

If you elect for an administrative license hearing, your DUI lawyer will present the best defense possible to help you retain your driving privileges. If you opt for an interlock device, they can help you locate and contract with a reliable interlock provider, submit your 30-day letter, and help ensure you meet all conditions of your letter.

Criminal Prosecution

In addition to the administrative processes surrounding the suspension of your license, you will also be facing criminal prosecution for the DUI. This process will proceed like any other prosecution:

You will appear before a judge for arraignment, where your charges will be formally read, and you will enter your plea.
Your counsel and the prosecution will file pretrial motions and engage in the discovery process. Your counsel will spend this time examining evidence, talking to witnesses, and preparing your defense.
Your case will come to trial, and your attorney will argue it either before a judge alone (bench trial) or before a jury of your peers (jury trial). You will either be convicted or acquitted of the charges against you.

You will also need an attorney to help you navigate the criminal prosecution. A local DUI attorney will know the courts, their officers, and the prosecutor leading your case. They will also know how to best present your case to maximum effect.

DUI Is Not as Cut-and-Dried as People Think

The laws surrounding DUI are fairly complicated, and officers making a DUI arrest are required to follow a very exact protocol to ensure that the evidence they collect is admissible in court. Failure to follow this protocol to the letter can lead to a complete dismissal of a DUI case.

For instance, what prompted the officer to make a stop in the first place? If they didn’t observe erratic driving or some other specific behavior that indicates intoxication, smell alcohol on your breath, or see an open container in your vehicle, they may not have had probable cause to perform a field sobriety test.

If they gave poor instructions during your field sobriety test or misinterpreted your performance in the field test, they may not have had probable cause to perform a breath test. If they failed to read Georgia’s implied consent warning to you, verbatim and in its entirety, then any pre-arrest or post-arrest test results are inadmissible in court.

There are dozens of other procedural errors that are commonly made during DUI stops that a skilled lawyer knows to be on the lookout for. Your DUI attorney will examine the state’s evidence, question the arresting officer and prosecutors, and determine what, if any, mistakes were made during your arrest.

DUIs Can Sometimes Be Settled With a Plea Agreement

Pleading guilty to or being found guilty of DUI in Georgia comes with a number of consequences:

Fines ranging from $300 to $5,000
Up to a year in jail
Loss of license for 1-5 years
Probation and/or community service
Mandatory clinical evaluation and substance abuse treatment

However, in some cases, the prosecution is willing to accept a guilty plea to a lesser charge, such as reckless driving, that carries fewer long-term consequences than a DUI conviction.

Your DUI lawyer will be able to work with prosecutors. If there is room on the table for a plea agreement, your attorney will know how to negotiate to obtain a plea agreement that gives you the best outcome possible.

Charged with DUI in Georgia? Call Bushway Law Firm: 478-621-4995.

Gregory Bushway is a former prosecutor who has successfully served as a criminal defense attorney in Macon, Georgia, since 2013. He knows DUI prosecutions and has helped hundreds of defendants reach successful outcomes for their cases. Tell us about your case today: 478-621-4995

Bushway Attorney at Law