When someone is first arrested for a DUI in Atlanta, they will be taken to the City of Atlanta Pretrial Detention Center. If there are other attendant charges that are not misdemeanors, then they take it to the Fulton County Jail on Rica Street. Most people are there for municipal ordinances.
People are expected to submit to breath tests right after arrest when they are driven to the jail. After being arrested, a person can expect to be put into a holding cell with other people and eventually being released. One of the factors of a DUI arrest in Atlanta to consider is that there are not many medical resources available at the jail. If an individual needs treatment, the can be taken to Grady Hospital but the jail might be a little hesitant and slow to get them medical treatment even if they need it.
An experienced DUI lawyer can work to assure that you get the medical treatment you need, and will advocate for you. If you have been arrested for a DUI, contact a skilled attorney who can build you a solid defense.
An arrest record is stored with the Georgia Crime Information Center and also stored with the FBI at the National Crime Information Center. It is public record. They can also publish the person’s picture on the Internet with their arrest and mugshot.
Even if someone is acquitted of a DUI, their record will still be public. Unless they are acquitted of all charges, including the other traffic violations that took place with it, then the person’s record could be restricted. But it is available for public view.
However, it is important to keep in mind that just because a person is arrested for something does not necessarily mean that the person is convicted. An arrest is not a conviction, which is one of those factors of a DUI arrest in Atlanta that people often forget. Furthermore, on most job applications, they ask if the person has been convicted, not arrested.
Jail Time and Mandatory Minimums
Georgia law on a first lifetime DUI mandates 24 hours in jail. On a second in ten DUI conviction, it is a mandatory 72 hours in jail. On a third in ten years DUI, it is a mandatory 15 days in jail, which is a high and aggravated offense. On a fourth in ten years DUI, potentially, it is a felony if the convictions took place after July 1st, 2008.
The minimum amount of time a person could be held in Atlanta jail would be six hours. The person could be there longer than that. The maximum amount of time someone could be held in jail for is until released and bond is posted. The defendant’s arrest is public record, so it is available to members of the general public in Atlanta.
Expunging and Sealing Records
One of the important factors of a DUI arrest in Atlanta that it is important to think about is whether it is possible to get that arrest expunged from someone’s record or not. Unfortunately, there are not many options when it comes to dealing with someone’s arrest record. If a person has been arrested, the odds of getting their record restricted or expunged are virtually non-existent. Georgia has very strident penalties when it comes to DUIs.
Record-sealing would be that the clerk’s office has sealed the record, but for the purposes of a DUI, it is a silly conversation to have. Georgia law is awful on this topic. They are not going to have the record sealed or expunged on a DUI case unless it is an incredibly unique situation.
The only way that it would be sealed or expunged is that the person would have to win on every charge that the person is charged with as a not-guilty verdict at the trial. The person is not going to have their record sealed or expunged in virtually 99% of the cases. It is not worth spending time talking about a 1% chance.
Car After DUI
Once a person is arrested and charged with a DUI, their car is towed to a towing facility. This is one of those factors of a DUI arrest in Atlanta that is forgotten about when someone is arrested. The person is eligible to go get their car without needing an attorney to get involved. It is a private contract between them and the towing agency so a lawyer would not be involved in that process at all. It is difficult to say what a person should bring when retrieving their car.
It is difficult to say what a person should bring when retrieving their car. Each towing agency has different rules. The person would need to contact the towing agency to find out exactly what to bring. Once a person goes to the tow lot to pick up their car, they will find that their car is stored and hopefully not damaged.
Under What Circumstances Will the Car Be Searched?
After an arrest, the car will be searched incident to the arrest and inventoried to see what exactly is in the vehicle. All items in the vehicle will be confiscated and hopefully stored safely. Unfortunately, in incidents where someone’s car is impounded, a lawyer cannot intervene. If someone’s car is impounded, they will have to work it out with the towing company.
If illegal substances are found inside of the car during the search, the person is going to be charged at that point with additional charges in addition to the DUI. More than likely and depending upon the drugs, it potentially could be a felony charge for anything other than marijuana. At that point, if it is an Atlanta case, the arrest would go to the state court or the superior court of Fulton County, and the person would be taken to the Fulton County Jail instead of the City of Atlanta.
Importance of a Lawyer
A capable attorney is vital when someone is defending themselves from DUI charges. Your lawyer can help you manage all of the factors of a DUI arrest in Atlanta and work through them. An attorney can also help you pursue expungement of your records if you qualify for that option. Most importantly, they can stand by your side and craft a solid defense for your case.