Mistakes to Avoid After a DUI Arrest in Georgia

Knowing the mistakes to avoid after a DUI arrest in Georgia can be the difference between a manageable outcome and lasting legal consequences. Certain actions after an arrest can significantly worsen your case. It’s only natural to panic or become afraid if you are arrested, but thinking rationally is crucial so you don’t harm your defense.

Georgia takes DUI very seriously, and the penalties are steep. Fines, jail, and license suspension are all possible for a first-time offender. It’s important to take quick and informed action. In many ways, knowing what not to do is just as important as knowing your legal rights and responsibilities.

Hire a DUI Lawyer

Jarrett Maillet J.D., P.C., provides top-tier DUI defense. We have been protecting the rights of Georgia citizens since our founding. As a former prosecutor, Jarrett Maillet is well-versed in the investigation, prosecution, and courtroom defense of DUI cases.

We utilize our in-depth knowledge of the system and our experience to provide the most effective DUI defense possible. From fighting a traffic stop to a license hearing, we can tailor a defense to the unique circumstances of your case. We are trusted throughout Georgia for our commitment to providing the highest level of integrity, experience, and client-centered representation in all aspects of DUI defense.

Mistakes to Avoid After a DUI Arrest in Georgia

If you are arrested for DUI, it is critical that you avoid taking certain actions or saying certain things. These include:

Talking Too Much to the Police or Admitting Fault

Georgia DUI laws permit the prosecution to use statements made during and after a traffic stop against you in a DUI charge. Any explanations you make, admissions to drinking, or excuses can hurt your case. Officers can use statements as evidence of impairment or intent. Politely remain silent when stopped for a possible DUI.

Ask for a lawyer before submitting to questioning, field sobriety tests, and chemical testing. Avoid making voluntary statements when stopped; saying as little as possible can preserve your legal rights and limit the prosecution’s advantage. Keep your answers brief and to the point. The court can use your words against you as evidence during a trial.

Missing the Deadline for License Appeals

Georgia gives you limited time from the date of your arrest to request an administrative license hearing to keep your license. If you do not act within the window, your license will be suspended automatically without regard to the disposition of your DUI case.

Your DUI attorney can make this request in time and advise you on whether it is more beneficial to you to contest the suspension or just apply for a limited permit. You do not want to be forced to decide at the conclusion of the criminal process how to deal with your license, so it is better to take measures to protect your license right away.

Ignoring Court Dates or Legal Notices

In Georgia, missing a court date can significantly disadvantage you in a DUI case. The court may issue a bench warrant for your arrest, press additional charges, or restrict your ability to negotiate for diversion or lesser sentences. Absences can also result in faster proceedings without your knowledge. Georgia courts take attendance seriously.

By monitoring legal communications, verifying rescheduling, and attending required hearings, you can better maintain control over your defense strategy. Accepting responsibility in advance avoids needless penalties and maintains your standing in court.

Delaying Legal Representation

Delaying the decision to hire a DUI attorney narrows the options available for your defense. Seek legal advice immediately by securing a DUI attorney at the earliest opportunity. They can immediately start to review dash cam video, the police report, and the data from any field sobriety tests to preserve evidence that might otherwise be lost.

Georgia DUI laws provide specific timing and procedural opportunities, including challenging probable cause or the legality of chemical testing. The sooner an attorney is involved, the more they can safeguard your rights and work toward case dismissal, reduced charges, and plea deals.

FAQs

Q: Can I Refuse a Breathalyzer or Blood Test?

A: Georgia has an implied consent law, meaning you can automatically lose your license for refusing a post-arrest breath, blood, or urine test. While you can legally refuse a roadside breathalyzer, refusing the official test at the station or hospital carries serious consequences. Refusal won’t prevent DUI charges, and prosecutors may use it to imply guilt. You may also face harsher penalties. A lawyer can advise whether refusal in your specific situation will help or hurt your defense.

Q: How Common Are Alcohol-Related Fatalities in Georgia?

A: DUI enforcement in Georgia remains aggressive due to the high number of impaired driving deaths. In 2022, there were 507 alcohol-impaired driving fatalities statewide. Prosecutors can and will likely recommend a steep punishment for those involved, regardless of whether an accident happened or not. This is done to discourage repeat offenses. If you understand the risk and the law behind it, you will be in a better position to make informed choices following a DUI arrest.

Q: Will a DUI Conviction Permanently Affect My Driving Record?

A: Yes, a DUI conviction in Georgia remains on your driving record permanently. The conviction will not be expunged or sealed, although the points assessed may eventually fall off after several years. The information is available to insurance companies, potential employers, and future courts.

Repeat offenders face much stiffer penalties, making it important to protect your driving record. An attorney might successfully reduce the charge or prevent a conviction when engaged early during the legal proceedings.

Q: Can a DUI Charge Be Reduced or Dismissed in Georgia?

A: DUI charges in Georgia could sometimes be reduced to another offense, such as reckless driving, or even dismissed completely. This may be possible if there was a problem with the traffic stop, breath test, or arrest itself. Most reductions are made early in the DUI process with a strong legal defense.

Contact a Georgia DUI Lawyer From Jarrett Maillet J.D., P.C.

A DUI arrest can carry long-term ramifications. By avoiding critical errors, you can safeguard your future. At Jarrett Maillet J.D., P.C., we understand this and provide sound and strategic defense, working to lessen potential penalties and better preserve your rights. Contact our office today to speak with an experienced Georgia DUI attorney about your case.