What You Need to Know About the DUI Process in Gwinnett County

Consult with a reliable legal expert in Gwinnett County, 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, Think about collaborating with seasoned legal professionals in Gwinnett County.

A skilled legal expert in Gwinnett County can advocate on your behalf, beginning immediately after your arrest and during proceedings at the Gwinnett County State Court.

By partnering with Gwinnett County professionals experienced in DUI cases, you gain access to expert legal counsel and advocacy that might significantly aid in mitigating severe outcomes like a DUI conviction when your case is brought before the Gwinnett County judiciary.

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 as per the Georgia DUI laws. 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 or determining the blood alcohol concentration 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 investigation into whether you are driving under the influence.

What Happens After a DUI Arrest?

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 in city courts 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.

DUI Case Court Hearing

If you are preparing for a court appearance, it’s essential to engage with a knowledgeable and seasoned legal professional in Gwinnett County. Our Gwinnett County legal professional, specializing in DUI matters, has years of experience in the district and is well-versed in all aspects of DUI charges and defense strategies.

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.

However, working with an experienced attorney can expedite the process because your lawyer can suggest you the best possible route to address your case in court, prepare a defense strategy based on factual details and come up with possible outcomes to help you prepare beforehand.

Contact us for working with a skilled lawyer.

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.

To improve your chances of evading DUI convictions, reach out to legal professionals specializing in DUI immediately after 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 legal professional specializing in DUI cases is prepared to collaborate with you on planning the next steps.

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 our Gwinnett County specialist in DUI defense has years of experience, they’ve developed the skills necessary to potentially prevent a DUI conviction. Engaging with a professional in DUI defense offers you the counsel and representation required to navigate your case successfully.

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. Connect with us to get help in your DUI cases.

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.

What are the potential long-term consequences of a DUI conviction in Gwinnett County?

A DUI conviction in Gwinnett County, Georgia, can have severe long-term repercussions that extend beyond immediate penalties. Cases usually start in the Gwinnett County Recorder’s Court or Gwinnett County Municipal Courts for misdemeanor DUI cases. If you plead guilty or are convicted, the DUI will be part of your criminal record, which can be accessed by employers, landlords, and educational institutions.

In terms of legal consequences, a DUI conviction can affect your stanfding in any future court cases, including civil matters. For instance, if you’re involved in a child custody battle in Gwinnett Superior Court, a DUI conviction could be used against you. Your next court date for any unrelated issue could be impacted by a past DUI conviction, whether it’s a bench trial or a jury trial.

The conviction can also have implications for your driving record. Georgia DUI laws are strict, and multiple offenses could lead to the revocation of your driver’s license. Even a single conviction for reckless driving or DUI can result in increased insurance premiums.

Interactions with law enforcement will also be affected. If you’re pulled over by an arresting officer in the future, a prior DUI can set the stage for stricter scrutiny.

In summary, a DUI conviction in Gwinnett County can have a lasting impact on various aspects of your life, from your standing in the Georgia court system to future interactions with Gwinnett County justice and law enforcement.

Conditional Discharge

Another alternative for first-time offenders is 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 terms, community service, random alcohol and drug screens, and payment of fines.

It’s essential not to commit to Pretrial diversion or conditional discharge programs without first seeking advice from a Gwinnett County legal professional experienced in DUI matters. 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.

Frequently Asked Questions About DUI in Gwinnett County

What are my rights during a DUI traffic stop?

You have the right to remain silent and to politely refuse to answer incriminating questions.

Can I refuse a breathalyzer or blood test?

While you can refuse these tests, Georgia’s implied consent law may result in automatic license suspension and potential penalties.

What should I expect in court?

Expect multiple appearances, from arraignment to potential trial, where the specifics of your case will be examined.

What are the potential penalties for a DUI in Gwinnett County?

Penalties can range from fines and license suspension to jail time, depending on the offense history and case specifics.

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Philip Kim Law, P.C.
368 West Pike Street, Suite 203
Lawrenceville, GA 30046
(678) 203-6968
Fax: (678) 273-3501
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