DUI Lawyer in Atlanta

Understanding the DUI Process

Each DUI case has a specific sequence of events that take place and an Atlanta DUI lawyer should guide you through the process. A DUI case can be frightening and overwhelming without legal counsel aggressively defending you from the moment of your arrest. At the Law Offices of Richard S. Lawson, the legal team is prepared to take charge of the situation and assist you in defending your DUI case. The process moves through certain stages as follows:

The Stop

The stop could be at a traffic stop where you may have been pulled over due to some action in your driving that has caused law enforcement to suspect that you are driving under the influence. At the stop, you will likely be asked to perform certain field sobriety tests for more evidence of your intoxication. You do not have to perform field sobriety tests. In fact, they are designed to make you look impaired on video in order to build a case against you. Alternatively, you may have been stopped at a road-side DUI checkpoint. In this case, no poor driving has been observed. The police have to establish probable cause to arrest you. Such probable cause is usually the result of field sobriety tests that you do not have to take.

The Arrest

You will be arrested and taken to the police station. At the station you will be asked to submit to either a blood test, breath test, or both. Then you will be “booked." This includes fingerprinting and a photograph, and you may have you driver’s license confiscated. You may be released on your own recognizance or you may be asked to post bail. The citation you receive will have your first court date indicated on it. Your court date may also be listed on your bonding paperwork.

The Arraignment

This is the first official court hearing, and it is when you are formally charged with DUI. At this hearing, you will enter a plea of guilty or not guilty. Many individuals give up and plead guilty, while others choose to enlist the help of the Law Offices of Richard S. Lawson to fight the charge. The attorney from the firm can represent you at this hearing and it can be arranged that you do not even attend. If you plead guilty at this hearing, your license will be suspended. If you plead not guilty, you must file your motions to suppress at or before the arraignment.These motions form the basis of your defense. It is vital to have representation before arraignment so you don't waive your right to file the motions in your case. Finally, at arraignment your trial date will be set.

Preliminary Motion Hearings

A motion is a legal challenge to the evidence against you. The purpose of a motion is to try to prevent the admission of evidence against you at your trial. The motions in your case form the basis of your defense and must be filed at or before the arraignment (the first court date). Motions are designed to make sure that a person's rights are not violated from an unlawful arrest and they are designed to prevent an unlawful seizure of evidence during an arrest. Richard Lawson will bring those issues to the court’s attention for the purpose of keeping the evidence out of the case against you. In cases in which the challenge to the evidence filed by your attorney is successful, the case may be dismissed or a deal for a plea will be offered by the prosecutor. This is why motions are so important.

The Trial

There are two types of trials possible in DUI cases, a jury trial with six jurors, or a bench trial in which the judge is essentially both judge and jury. In some cases it may be better to have a bench trial, as the public at large may not be able to fully comprehend the details of the evidence and science behind the defense of your case. This decision can be discussed with your attorney and will be based on the evidence in your case.

At trial, the prosecutor must prove your guilt beyond a reasonable doubt. The defense lawyer has the opportunity to have expert witnesses and other witnesses provide evidence on your behalf. The police officers who were involved in the arrest can also be cross-examined. You will either be found guilty or not guilty. If you are found guilty, you can appeal the judgment.

Contact an Atlanta DUI Lawyer from the firm to guide you through the process and fight relentlessly for your defense.