DUI Trial Preparation

A DUI trial takes a lot of work. There are a lot of considerations when determining if you want to plea bargain or go to trial. Generally speaking, if you are facing an Atlanta DUI charge and can get the case reduced or dismissed, that is what you want to do (or negotiate for) before you consider a jury trial. If your case is in the City of Atlanta Municipal Court initially, you may elect to have a trial before a judge and without a jury. The judge determines guilty or not guilty on the DUI charge and the sentence if he does find you guilty. DUI trials before a judge in Atlanta, or bench trials, can be good if you have a clear cut legal argument. It is usually much faster in Georgia to get a bench trial than to get a jury trial. In Atlanta, if you want a jury trial, the case must be heard in the State or Superior Court of Fulton County. However, a jury trial is usually better for an Atlanta DUI defendant. Judges deal with DUI cases everyday and can seem jaded on the issues. A jury is composed of regular, ordinary citizens from the community.

A good Atlanta DUI lawyer will file motions on your behalf after arraignment if you enter a not guilty plea. This will usually include a discovery motion (which requests all the prosecuting attorneys evidence against you) and a motion to suppress. Before a jury trial, you will be heard on your DUI motion to suppress. This asks the Court to suppress or exlude certain evidence from use at trial. In Atlanta DUI cases, the DUI breath test results are a key piece of evidence that the best Atlanta DUI lawyers will attempt to get thrown out.

At trial, the Atlanta prosecuting attorney has to prove you were DUI beyond a reasonable doubt. This is a very high burden of proof. You can present evidence on your own behalf, testify or remain silent, and cross examine all of the prosecution's witnesses.

If you want to fight your case, call our Atlanta DUI trial lawyers today for a free case analysis.