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Arrest Process

Immediately following an arrest for a DUI in Atlanta, the person will be taken to the City of Atlanta Pretrial Detention Center. A bond will then be set in the case and the person will be assigned a court date for the next day after the arrest. After the person bonds out in Atlanta, they are given a court date generally the next day.

If you have been arrested for a DUI and are seeking legal representation, consult with an experienced DUI lawyer in Atlanta as soon as possible. A knowledgeable lawyer can assist in properly navigating the arrest process and building a defense to help lessen any potential penalties.

Initial Processes

As part of the Atlanta DUI arrest process, the next day, the person is expected to appear in the morning in court. At that appearance, a judge will preside. The judge will then let the person know what the nature of the charges are against them. That is called a first appearance.

A lawyer can appear on the person’s behalf at that occasion, but the person will have to appear there unless a lawyer has filed an entry of appearance. After that, the person will then have an inquiry calendar date.

At an inquiry calendar, the judge will ask if discovery has been complied with. The court will want to see what status that the case has taken in terms of whether a video has been supplied if the individual was able to see any evidence in the case, and further elements. The person will not have to appear at that if they have a lawyer representing them.

After that, the person will then have what is called a final plea calendar. These final plea calendars take place within six months of the date of the arrest. At the final plea calendar, the person will have to decide whether to enter a plea, try the case in Atlanta, or bind the case over to the state court of Fulton County or DeKalb County.

Refusing a BAC Test

Georgia law, under OCGA 40-5-55, grants its citizens the right to refuse a state-administered chemical test. The police officer can then decide if they want to get a warrant for the person’s blood, breath, or urine, and they can forcibly take the person’s blood from the person if they choose. But the person always has the right to refuse. This is a crucial part of the Atlanta DUI arrest process.

Based upon the refusal to take a test, the person potentially could lose their driver’s license for up to 12 months without a work permit and, in addition, the person also faces the ability for that refusal to be used against them at trial.

Driving Without a License

There is no difference in penalties when someone is charged with a DUI while driving without a license, however, it is important to note the implications involved. The authorities assess the driving without a license as a different charge. Driving without a license is punished on the first offense with up to two days in jail. Driving without a license is not a suspendable offense in Georgia, but it does cause problems for penalty purposes.

Every charge stemming from that incident is heard at the same time. DUI, running a stop light, speeding, and similar charges are heard at the same time. They are not separate.

Suspended license charges carry additional suspensions where driving while unlicensed does not involve any additional suspension. However, the penalties are much the same, including jail time. If an individual gets in trouble for an offense they have already been convicted of, they are often hit harder in terms of penalties. They will often receive more jail time and further suspensions.

Receiving Medical Attention

There are certain types of medical conditions that people suffer from that can mimic alcohol intoxication or impairment, such as diabetes, gait problems, multiple sclerosis, and various inner ear disorders. There are thousands of issues that can mimic impairment. That is why it is so important for a DUI lawyer to know about any health problems their client has.

Most police officers are not well trained to determine if someone needs medical attention during the Atlanta DUI arrest process. They suspect the person is under the influence and generally take them to jail first and ask questions later.

An attorney can use the fact that a person did not receive medical attention during their Stamford DUI arrest as a defense to say that there are other conditions that are not necessarily alcohol impairment. They can help to show that what the person exhibited on the side of the road was mistaken for intoxication when it may have been a medical issue.

A person can refuse medical attention, but a defense lawyer would not recommend that a person refuse medical attention if they are sick or injured.

Contacting an Attorney

A person can contact an attorney during the DUI stop, but it is probably not going to do them any good. They have no legal right to contact an attorney at that point. During the DUI arrest, the person has no right to an attorney. The police officer will probably tell the person to get off the phone. The person is not even read their Miranda Rights in a DUI case. In Georgia, Miranda is not required.

However, immediately after an arrest for a DUI in Atlanta, the person should contact a lawyer. An attorney can start gathering evidence to help defend the case and effectively guide the person through the Atlanta DUI arrest process.

In terms of a bond hearing, an individual can contact an attorney but the person usually does not need one. If it is a misdemeanor case, a bond should be assigned as a matter of law.

Client Reviews
Great lawyer helped me out a lot. Very attentive, made me feel comfortable and at ease!! Really knows his stuff - would use him anytime. M.L.
Mr. Larry Kohn could not have been more helpful. I sent him a message for a free consultation, and unfortunately my case had to be handled in another state. But he completely walked me through everything I needed to do, and even offered to assist the lawyer I did find in Virginia should they need help with my case. Jamie V.
Mr. Kohn is just amazing. He is truthful and realistic when explaining potential outcomes of your case and doesn’t force you to hire him or anything. When I met him, he went through everything about the case and ways to fight it off first before even telling me about his services. He got my case dismissed and kept me out of a lot of potential problems with school applications and future job opportunities. I highly recommend him to anyone. Anurag G.