The Legal Process Of A DUI Arrest In Georgia

by | Jul 3, 2023

At Frye Law Group, we understand that being arrested for a DUI (Driving Under the Influence) in Georgia can be a distressing and overwhelming experience. Understanding the legal process involved in a DUI arrest is crucial to ensure your rights are protected, and you can navigate the system effectively. In this blog post, we will guide you through the various stages of the DUI legal process in Georgia, providing valuable insights from our experienced attorneys.


The first stage of a DUI arrest in Georgia typically begins with a traffic stop by a law enforcement officer. This can occur for various reasons, such as erratic driving, speeding, or a routine checkpoint. It is essential to remain calm and cooperative during the traffic stop, as any signs of aggression or non-compliance may work against you in subsequent legal proceedings. It’s also important to note that during this stop, officers may look for violations of Georgia’s open container law, which prohibits having an open container of alcohol in the passenger area of a vehicle.


If the officer suspects you may be under the influence, they may ask you to perform field sobriety tests (FSTs) to assess your coordination and cognitive abilities. These tests often include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) test. It is crucial to note that these tests are subjective and can be influenced by various factors. Consulting with a DUI attorney at Frye Law Group can help you understand your rights and potential defenses regarding FST results.


After the FSTs, the officer may request a breathalyzer or chemical test to measure your blood alcohol concentration (BAC). The legal limit for drivers aged 21 and older is 0.08% in Georgia. Refusing to take the test can lead to an automatic license suspension under Georgia’s implied consent law. However, it is essential to consult with an attorney at Frye Law Group to understand the potential consequences of submitting or refusing these tests in your case.


If you are arrested for a DUI, you will be taken into custody and brought to the police station for booking. This process involves recording your personal information, fingerprints and taking a mugshot. Depending on the circumstances and jurisdiction, you may be released on bail or required to spend some time in custody before release.


Following a DUI arrest in Georgia, you can request an Administrative License Suspension (ALS) hearing within ten business days. This hearing addresses the potential suspension of your driver’s license. During this hearing, you must have legal representation from Frye Law Group to present your case and protect your driving privileges.


The next phase of the legal process involves criminal court proceedings. This includes arraignment, pre-trial motions, negotiations, and, if necessary, a trial. Having a knowledgeable DUI attorney from Frye Law Group by your side is essential to navigating the complexities of the court system, building a solid defense strategy, and ensuring the best possible outcome for your case.


Facing a DUI arrest in Georgia can be a daunting experience. However, understanding the legal process and having the proper legal representation can significantly affect your case’s outcome. At Frye Law Group, our experienced DUI attorneys are dedicated to protecting your rights, providing expert guidance, and mounting a robust defense.

Contact Frye Law Group if you or a loved one has been arrested for a DUI!