DUI

When initially stopped for a DUI, a person does not have the right to an attorney.

A Miranda warning is when police must give suspects in their custody information about their constitutional rights before interrogation. Under Georgia law, an officer does NOT have to give you a Miranda warning unless they question you after an arrest.

If a person refuses a blood, urine, or breath test, they face a one-year suspension of their license. You must 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.

An alternative to jail is a work-release program (in Gwinnett County), under which you work during the day and return to custody at night. Some judges will sentence you to house arrest, where you pay to be monitored at home but usually serve twice as much time. Convictions from DUIs range from $1,000 fines and 10–12 months on a first conviction to $5,000 fines and up to 12 months for second and third convictions.

It is a criminal offense to operate a vehicle 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 for “operating a motor vehicle while intoxicated,” and OUI for “operating under the influence.”

During a field sobriety test, the driver performs simple physical or cognitive tests, such as walking a straight line heel-to-toe, standing on one leg, or following a penlight with the eyes (the “horizontal gaze nystagmus” test). A handheld Breathalyzer unit may also be used to measure the driver’s blood-alcohol concentration (BAC).

You could be released by posting bail or on your own recognizance. With bail, a family member or bail bondsman pays an amount to secure your release, which is essentially a promise that you will return for the following proceedings: an arraignment, a preliminary hearing, pre-trial motions, and the trial. With a bondsman, usually 10% of the bail is paid, and you sign a bond agreeing to appear in court.

A plea bargain is your agreement to plead guilty to a lesser charge than a DUI, such as reckless driving, public intoxication, or an open-container violation. This is coordinated between the prosecuting attorney and your own attorney. The consequences may include attending driving school, completing community service, or paying a fine, depending largely on the severity of the case.