What You Need to Know About the DUI Process in Gwinnett County
Speak with a trusted Gwinnett County DUI Lawyer in Georgia
Understanding the DUI process can be confusing and overwhelming. Philip Kim Law answers your questions and helps you understand what to expect.
Author: Philip Kim, Founder, Philip Kim Law, P.C.
Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.
Published on April 28, 2022.
How to Navigate the Gwinnett County DUI Process
The consequences of a Gwinnett County driving under the influence (DUI) charge can be severe and far-reaching. Since a Gwinnett County DUI could significantly impact your future, consider working with experienced Gwinnett County DUI lawyers.
An experienced Gwinnett County DUI Lawyer can fight for you starting right from your arrest and arrangement at the Gwinnett County State Court.
By working with Gwinnett County DUI attorneys on your case, you will have access to professional legal advice and representation that could potentially help you avoid severe consequences such as a DUI conviction.
What Are the Stages of the DUI Process in Gwinnett County?
Gwinnett County and its various municipalities take the prevention, investigation, and prosecution of DUI very seriously. Within the county, county police as well as several local municipal police departments may establish DUI and reckless driving checkpoints with the goal of spotting and stopping impaired drivers.
Local police officers are trained in field sobriety tests and are responsible for detaining and arresting anyone suspected of driving under the influence.
Many drivers are arrested for driving over the fog line or centerline when an officer is nearby. Officers can also pull someone over for speeding or other minor infractions such as a headlight or tag light out or a seat belt violation.
Once you are pulled over, the police officer can begin their investigations into whether you are driving under the influence.
Once you are arrested, it is critical to understand what to expect at each stage, as this can give you the confidence to know that your case is being handled in the proper manner. A defense against a DUI charge will usually require several court appearances, and you stand a better chance of getting acquitted if you understand the court processes.
If you were arrested for DUI in a Gwinnett County incorporated city, the case will be heard at the city’s municipal court. These usually have jurisdiction over traffic offenses, misdemeanor cases, and other local ordinance violations. These usually hold sessions once a month or several times a week.
If you were arrested by a Gwinnett County police officer, County Sheriff’s Deputy, or a Georgia Department of Public Safety official, or you were arrested in an unincorporated area of Gwinnett County, your case will be heard in the Gwinnett County Recorders Court.
If you are arrested by a Gwinnett County officer, you will have to attend the Gwinnett County Recorder’s Court on a date several months following the stop. You should note that you will have to go to court for the DUI offense you have been charged with.
If you are awaiting a court appearance, it is critical to work with a skilled and experienced Gwinnett County DUI lawyer. Our Gwinnett County DUI attorney has been working in the district for years and understands anything to do with DUI charges and DUI defense.
Contact our Gwinnett County Criminal Lawyers today to establish an attorney-client relationship. If this is your first time working with us, our team will review your drunk driving case free of charge. Once we are done with the investigations, we can then begin assembling a strong DUI defense.
How Long Does a DUI Take to Process?
A Gwinnett County DUI case can take up to two weeks to process.
The first step is the arrest by the police officer, who will take your information, including your name, address, and phone number.
This is followed by a mandatory breath test which usually takes around 10 minutes to complete. If the test comes back positive, you will be charged with a DUI and have to attend a court date at the DMV to get your driving privileges back or have them suspended for 90 days.
If you are arrested for any other offense that requires fingerprinting, like criminal assault or drug possession, then this will be done before processing the DUI arrest.
What Are the Types of DUI in Gwinnett County?
Gwinnett County DUI cases may also take longer to process depending on the type of DUI charge being brought against you. You should note that a DUI in Gwinnett county may be charged as a misdemeanor or as a felony crime.
Misdemeanor DUI cases tend to take much less time to process as compared to criminal cases. You also need to take into account that under DUI law, offenders with previous DUI convictions may be subjected to longer processes such as having to go to traffic court for jury trials or attending a DUI court program.
For a better chance of avoiding DUI convictions, contact DUI attorneys immediately following your arrest. At Philip Kim Law, we work to help clients avoid the most severe consequences of DUI convictions. Along with fines and jail time, possible penalties include license suspension, revocation of driver’s license, community service, DUI school, and the installation of an ignition interlock device on your vehicle.
Contact us for a free consultation on your case in Gwinnett County State Court. Our Gwinnett County DUI lawyer is ready to work with you on how to go forward.
What Are the Steps to a DUI Investigation?
A Gwinnett County DUI arrest may result in a serious charge. Given the seriousness of a DUI charge, a DUI investigation is an important step in the process. Here are the steps involved in DUI investigations.
The first step of the DUI investigation is to determine if there was alcohol or drugs involved.
If alcohol or drugs are found, then the police officer will do a field sobriety test to see if the person is impaired. If they fail, then they will be arrested for DUI and taken into custody for further questioning.
If no alcohol or drugs were found, then Gwinnett Police Department officers will ask questions about where and when you were drinking or using drugs before driving.
Officers may also use urine, blood, and breathalyzer tests to determine if there was alcohol or drugs present in their system at that time.
If all of these tests are negative, an aggressive DUI officer may ask if you habitually use over-the-counter sedatives such as Nyquil or Benadryl.
Given that our Gwinnett County DUI lawyer has been working on DUI cases for years, he has attained the skills and experience to avoid a DUI conviction. By working with a DUI lawyer, you may get the advice and representation you need to beat your case.
What Are the Steps to a DUI Trial in Gwinnett County?
In the United States, DUI is a crime that can lead to jail time, fines, and other penalties. To help combat this problem, Gwinnett County created the DUI trial process. The process is meant to provide fair treatment for defendants who are accused of driving under the influence.
If you are charged with a DUI in Gwinnett County, you will be given a date for your trial. The date will be set by your attorney and the DUI prosecutor after both parties have had a chance to review all of the evidence against you.
If you are found guilty at your trial, then you may face jail time or fines as well as other penalties depending on your case.
As an experienced law office in Gwinnett County, we have a good understanding of Georgia law on DUI and have helped many of our clients through this difficult situation.
Our criminal lawyers have experience with DUI defense and will work to help you get the best possible outcome in your case.
What Happens After a DUI Arrest in Gwinnett County?
While a DUI offense is taken very seriously in Gwinnett County, you will usually have thirty days to request an ignition interlock device or to file for an Administrative License Suspension. Once you have been arrested, you should hire a Gwinnett County DUI Lawyer.
To get a hearing you will have to pay a $150 filing fee to Georgia. Our Gwinnett County DUI lawyer will typically help in the filing of the letter that will protect your license from suspension.
In instances where you have refused the urine, blood, or breath test, you may face a license suspension of up to a year. In such instances, you will typically be slapped with a hard suspension, which means suspension without a limited permit or restricted license.
As such, you should consider working with a Gwinnett County DUI attorney within the first 30 days after you are charged with a DUI in Gwinnett County. Working with a DUI lawyer, you can send the important letter to protect your license in time.
What Happens When You Get a DUI for the First Time in Georgia?
Most municipal courts in Gwinnett County have programs that are more lenient to first-time offenders. If you are a first-time offender, you will have to successfully complete certain requirements under a Pretrial Diversion Program to get your charges dismissed.
In many instances, you can get the charge expunged if it is ultimately dismissed. However, failure to meet the requirements or getting removed from the program for committing new offenses will result in prosecution to the fullest extent of the law.
Some of the most common requirements include drug use and alcohol reduction course, payment of a program fee, drug or alcohol awareness courses, community service, counseling, and random alcohol and drug screens.
Another alternative for first-time offenders is the Conditional Discharge, which allows a judge to dismiss alcohol or drug-related charges when one completes certain conditions. Some of the conditions for such a discharge include risk reduction courses, probation term, community service, random alcohol and drug screens, and payment of fines.
You should never enter into the Pretrial diversion or conditional discharge programs without consulting a Gwinnett County DUI attorney. Our lawyers may be able to explain the requirements and options available so that you can be able to successfully complete the program you decide on and increase the chances of your charges getting dismissed.
We have attorneys with years of experience defending drivers charged with DUI offenses. Because of our experience, we bring perspective and knowledge to each case.
Contact us today to get a free consultation on your DUI case.
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Philip Kim Law, P.C.