We serve clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County.
When you understand the process, you can help your DUI attorney
Understanding the DUI litigation process is important, especially if you’re facing a DUI charge in Gwinnett County. The DUI litigation process is complicated and involves several different procedural steps and requirements. Whether you’re charged with a first-time DUI or a second or multiple DUI, you will need to navigate the legal process.
If you’ve been charged with a DUI, you will benefit greatly from working with an experienced DUI defense lawyer.
At Banks, Stubbs & McFarland LLP, we have a track record of success when it comes to DUI representation. We will develop a legal strategy to help you achieve the best outcome possible in your DUI case. Contact our DUI litigation lawyers today to schedule an initial consultation to begin protecting your constitutional rights.
The first step in the DUI litigation process is the arrest. Your case will begin when a law enforcement officer pulls you over in your vehicle. The officer may have asked you to perform a field sobriety test. Officers can ask you to take a breath or blood alcohol test. Law enforcement must follow specific constitutional procedures when it comes to performing a blood or breath alcohol test.
They must have probable cause to believe that you’ve been driving while intoxicated by drugs or alcohol. Additionally, they must ensure that the breathalyzer machine is working properly and that they’ve calibrated it correctly. Your DUI defense lawyer will be able to use any mistakes that occur during the arrest process as part of your legal strategy.
Many Gwinnett County DUI cases follow a similar pattern of events. However, DUI cases may begin in different courts. DUI cases can begin in the municipal, recorder, probate, state, or superior court. Regardless of where your case originated, defending against your DUI charges will require multiple court procedures and appearances. Navigating the DUI process involves a confusing amount of statutes, rules, and deadlines that can affect your case. Understanding the basic legal process can help you ease the stress involved in facing DUI charges. The DUI process in Georgia involves the following:
Your lawyer will be able to advise you as to whether you should accept a plea bargain or proceed to court. If you proceed to court, your Georgia DUI litigation lawyer will prepare your case for the motions and trial process. Your lawyer will likely submit motions on your behalf, and the judge will decide on the motions. Your lawyer will also be able to present legal arguments in an attempt to get your case dismissed or to get evidence against you excluded because it is unconstitutional.
The trial process looks different depending on which court will be trying your case. Regardless of your trial location, the prosecutor will present evidence against you, and your attorney will present evidence in your defense. At the end of the trial process, the judge or jury will decide whether you’re guilty or not guilty of the DUI charges. If the court determines you’re guilty, you do have the right to appeal the decision.
When law enforcement officials believe they have enough evidence to charge you with a DUI, they will issue a citation at a Georgia jail. At this point, the prosecutors at the Solicitor-General or District Attorney offices will begin to compile a court case against you.
Your citation will typically list your initial court date, also known as your arraignment date. At the arraignment, you will be asked to enter a plea of guilty or not guilty. Most defendants enter a plea of not guilty, allowing their defense lawyers to access and review all the evidence against them.
Depending on the evidence in your case, you may decide to accept a plea bargain with the prosecutor. The prosecution will offer you a less serious charge in exchange for you pleading guilty in a plea bargain.
At Banks, Stubbs & McFarland LLP, we understand that the DUI litigation process starts as soon as a police officer pulls over a suspect for drunk driving. Suspects have constitutional protections from the moment they are pulled over in their vehicle. We work hard to ensure that law enforcement officials and prosecutors do not violate our clients’ constitutional rights from the beginning of the process to the end of the process. We investigate our clients’ cases to determine whether law enforcement officers had a reasonable suspicion that our clients were engaged in illegal activity when they pulled our clients over.
We made sure that law enforcement officials didn’t administer an unconstitutional breathalyzer or blood alcohol test. We also ensure that the officer administering the test did so according to testing regulations. Should our team discover any constitutional violations, we will immediately request that the court reject any evidence gathered by unconstitutional search and seizures.
In some cases, the court will dismiss the charge outright. Once the prosecution loses the ability to present evidence from a breathalyzer or blood alcohol test, they may not have the evidence to prove DUI charges. The sooner our clients contact us, the better. We will ensure their rights are protected throughout the entire DUI litigation process, beginning with their arrest.
If you’re facing DUI charges in Gwinnett County, you need a skilled criminal defense lawyer on your side. At Banks, Stubbs & McFarland LLP, our skilled Georgia DUI lawyers can help you navigate the DUI litigation process. We have a proven track record of securing the best results possible in our clients’ DUI cases. Our legal team will investigate your case and develop a compelling DUI defense strategy. Contact us today to schedule your initial consultation to learn how to protect your legal rights throughout the DUI litigation process.
We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Atlanta law firm as soon as possible to learn how we advocate for your best interests.