Arrested for DUI in Gwinnett? Here’s What Happens Next

If you are arrested for a DUI in Gwinnett County, Georgia, it is helpful to understand how the court process works. Our office can guide you through general procedure for a court case in Gwinnett County, but this is basically what you should expect after an arrest.

Initial Court Appearance/Arraignment

The first court appearance is held within a few days or weeks after a DUI arrest. If you are arrested within the limits of a municipal city, you will appear in the court of that city. A case from anywhere else in Gwinnett County is held at Gwinnett County Recorders Court.

At this court appearance, your charges will be explained to you, and you decide how to plea. If you hire an attorney, they can appear with you or for you. If not, you will be instructed to do so.

Pre-Trial Motions

In this portion of the process, defense lawyers investigate if a defendant’s rights were violated, an arrest was unlawful, or if the prosecution has evidence that is not admissible in court. Your attorney can make motions for evidence to be excluded from the case, or sometimes, for an entire case to be thrown out.

Trial

After pre-trial motions, there are a few different ways your case can proceed. In many cases, a prosecutor and defense attorney can negotiate a favorable plea bargain. If you do reach an agreement, your case may not go to trial. If you decide to go forward with trial, you could have a bench trial, a case overseen by a judge, or a jury trial. Your legal council can provide important information and advice on which option would be best for you. In a bench or jury trial, lawyers will present evidence in your case and the judge or jury will decide if there is enough evidence for a conviction.

Sentencing

If you are found guilty, you will also attend a sentencing hearing. In this hearing, you will find out what penalties you must serve for a guilty verdict, such as jail time, fines, probation and more.

Appeal

If you believe errors are made at trial, you have the option to appeal your case to the Georgia Court of Appeals. There are time limits involved with the appeal process and your attorney can guide you as you navigate the appropriate timeline.

This process can be confusing and frustrating, but it is easy to see why an experienced DUI lawyer can help you every step of the way.