DUI Defense

Do I have a right to an attorney when I am stopped for a DUI?
When initially stopped for a DUI, a person does not have the right to an attorney.

Does an officer have to give me a Miranda Warning?
A Miranda Warning is when police must give suspects (who are in their custody) information on their constitutional rights before they are interrogated. Under Georgia law, an officer does NOT have to give you a Miranda warning unless s(he) questions the suspect after an arrest.

What is the 10 Day Rule?
If a person refuses a blood, urine or breath test, s[he] faces a one year suspension of his/her license. There is a requirement to request a hearing in writing within ten business days of your arrest. If you do take a test and the score is above the legal limit, you also must request a hearing within 10 days.

Are there any alternatives to going to jail?
An alternative to going to jail is a work release program (in Gwinnett County). Under this release, you work during the day and return to the custody of Gwinnett County at night. Some judges will sentence you to house arrest and you have to pay to be monitored at your home. Under this sentence, you usually will have to do twice as much time as when going to jail.

Convictions from DUI’s range from $1,000 fines (1st conviction) and 10-12 months in jail, etc., to $5,000 fines and up to 12 months in jail (2nd and 3rd convictions).

DUI FAQs

Frequently asked questions related to DUIs.

What is considered DUI, DWI, or OMVI and OUI?

It is a criminal offense to operate vehicles while under the influence of legal or illegal drugs. Being under the influence of antihistamines, painkillers, alcohol or drugs is considered “driving under the influence.” DWI stands for “driving while intoxicated,” OMVI is “operating a motor vehicle while intoxicated,” or OUI, “operating under the influence.”

What happens during a traffic stop to test a person for intoxication?

During a field sobriety test, the driver of the vehicle has to perform simple physical or cognitive tests to determine sobriety. One of the tests is walking a straight line heel-to-toe and turning at the end to repeat. Another is standing with his/her feet together and leaning one’s head backwards, or standing on one leg. The officer can move a penlight in front of the driver’s eyes and ask the person to follow the light with his/her eyes [also referred to as “horizontal gaze nystagmus test”]. This test is pretty accurate if administered well. A Breathalyzer unit [a hand-held tool] can be used too, which measures the driver’s blood-alcohol concentration [BAC].

What happens after an arrest?

You could get released in a short period of time by posting bail or being released on “your own recognizance.” With a posting of bail, a family member or bail bondsman pays an amount to get you released, which basically is a promise that you will return to court for the following proceedings: an arraignment, a preliminary hearing, pre-trial motions, and finally, the trial. With a bondsman, usually a 10% portion of the bail is compensated for your discharge, and you are responsible for signing a “bond” that you will appear at court.

What is a plea bargain?

A plea bargain means your approval of pleading guilty to a lesser charge than a DUI. This may be a reckless driving charge, public intoxication, or an open container violation. Your time in prison will be coordinated between the prosecuting attorney and your own attorney without you having to go to court. The consequences may include attending driving school, completing community service, or paying a fine. The consequence depends in large part on the severity of your crime.