Conviction for drunk driving stems from a long process and understanding the steps of the proceedings can be enormously beneficial if you are facing DUI charges.
Arrest
for someone to be arrested for DUI, the police must first have a legitimate reason for stopping their vehicle. At this first tier encounter, the standard is only articulable suspension to stop a vehicle and detain the driver.
Field Sobriety Tests
After the initial stop, there must be probable cause to continue detention. This is what is called a second tier police encounter. In order to continue questioning a suspected DUI driver or to continue his detention, there must be probable cause to believe that the motorist is under the influence of alcohol, illegal drugs, and / or prescription drugs to the extent he is less safe to drive. It can also be any combination of alcohol, illegal drugs, and prescription medications.
Implied Consent
In the event of arrest, the officer must read the Georgia implied consent warning to the driver in custody. If the officer fails to properly read implied consent, such an error can lead to the suppression of the state's breath test. Unless you are warned about your right to an independent test of your blood, breath, or urine, the State of Georgia cannot use the breath test evidence against you.
Arraignment
your initial court date is when your attorney will enter your initial plea of not guilty. Your counselor will then gather up all the evidence against you to formulate the best possible defense.
Trial or Plea Barging
once your legal team reviews the evidence with you, you will decide whether to settle your case with a plea bargain or have your day in court to fight the charges. This is the most important decision you will make in your case, and can make all the difference to your future.
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