How to Handle DUI Charges Under Georgia’s Criminal Law

Facing DUI charges in Georgia can be a daunting experience, with significant legal consequences and potential impacts on your personal and professional life. Understanding the state's criminal law regarding DUI is crucial for navigating your case effectively.

The first step in handling DUI charges is to comprehend the specifics of Georgia's DUI law. Under Georgia Code § 40-6-391, a person can be charged with DUI for various reasons, including having a blood alcohol concentration (BAC) of 0.08% or higher, driving under the influence of drugs, or being visibly impaired regardless of BAC. Knowing these definitions and the criteria for impairment is essential for anyone facing a DUI.

Once charged, it’s vital to engage the services of a qualified attorney who specializes in DUI cases. An experienced lawyer will analyze the details of your arrest, review police procedures, and determine whether your rights were violated during the stop or arrest. This analysis is critical as improper procedure can impact the charges against you.

After hiring an attorney, the next step is to prepare for your arraignment. During this hearing, you will be formally charged, and you can enter a plea. Depending on the circumstances of your case and your attorney's advice, a plea of "not guilty" is often recommended to contest the charges effectively.

Additionally, it’s important to be aware of the administrative aspects that accompany a DUI charge, such as the potential suspension of your driving privileges. In Georgia, you can request an administrative hearing within 30 days of your arrest to challenge the suspension of your driver's license. This is a critical step that can often help in retaining your driving privileges while your case is pending.

The next phase involves preparing your defense strategy. Common defenses for DUI charges include challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer or field sobriety tests, and presenting evidence of your sobriety at the time of the arrest. Your attorney will help develop the best strategy based on the unique facts of your case.

Depending on your situation, you may also explore plea bargain options. Accepting a plea deal might be beneficial if the evidence against you is strong. A plea can sometimes result in reduced charges or lesser penalties, helping you avoid severe consequences like a lengthy jail sentence or a significant fine.

It’s also pivotal to understand the potential penalties associated with a DUI conviction in Georgia. Penalties can vary widely based on whether it’s your first, second, or subsequent offense. First-time offenders may face fines, community service, and even probation, while repeat offenders might contend with harsher penalties, including mandatory imprisonment and longer license suspensions.

Finally, if your case goes to trial, being prepared for court is paramount. Your attorney will guide you through every step, including gathering evidence, prepping witnesses, and creating compelling arguments to present your case effectively to the jury.

Handling DUI charges under Georgia’s criminal law requires knowledge, preparation, and often the assistance of a legal professional. Understanding the laws, knowing your rights, and having a solid defense strategy can significantly influence the outcome of your case.