The DUI arrest process in Georgia triggers two separate legal processes at the same time: a criminal case and an administrative license suspension. You have only 30 calendar days from the date of your arrest to request a hearing to contest the license suspension. Missing that deadline means an automatic suspension with no exceptions. The criminal case moves separately through different courts depending on who made the arrest.
A DUI arrest in Cobb County can happen fast. A traffic stop, a field sobriety test, and handcuffs. Suddenly you are looking at consequences that could affect your license, your job, and your record for years.
What makes Georgia’s DUI process particularly unforgiving is that the clock starts running the moment you are arrested, not when you appear in court. Kim Keheley Frye and the team at Frye Law Group have defended DUI cases throughout Marietta and Cobb County, with over 50 combined years of experience. Below we walk through exactly what happens after a DUI arrest, step by step.
Initial Traffic Stop
The first stage of a DUI arrest in Georgia typically begins with a traffic stop by a law enforcement officer. This can occur for various reasons, such as erratic driving, speeding, or a routine DUI checkpoint in Georgia. It is essential to remain calm and cooperative during the traffic stop, as any signs of aggression or non-compliance may work against you in subsequent legal proceedings.
It’s also important to note that during this stop, officers may look for violations of Georgia’s open container law, which prohibits having an open container of alcohol in the passenger area of a vehicle.
Field Sobriety Tests (FSTs)
If the officer suspects you may be under the influence, they may ask you to perform field sobriety tests (FSTs) to assess your coordination and cognitive abilities. These tests often include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) test.
It is crucial to note that these tests are subjective and can be influenced by various factors. Consulting with a Cobb County DUI attorney at Frye Law Group can help you understand your rights and potential defenses regarding FST results.
Breathalyzer or Chemical Tests
After the FSTs, the officer may request a breathalyzer or chemical test to measure your blood alcohol concentration (BAC). The legal limit for drivers aged 21 and older is 0.08% in Georgia. Refusing to take the test can lead to an automatic license suspension under Georgia’s implied consent law.
Booking and Release
If you or someone you love is arrested for a DUI, the first step is being taken into custody and brought to the police station for booking. This process involves recording your personal information and fingerprints and taking a mugshot. Depending on the circumstances and jurisdiction, you may be released on bail or required to spend some time in custody before release.
Administrative License Suspension (ALS) Hearing
Following a DUI arrest in Georgia, you have 30 calendar days from the date of your arrest to request an Administrative License Suspension (ALS) hearing. This hearing addresses the potential suspension of your driver’s license.
What Happens in Court After a DUI Arrest in Georgia
The next phase of the legal process involves criminal court proceedings. This includes arraignment, pre-trial motions, negotiations, and, if necessary, a trial.
Having a knowledgeable DUI attorney by your side is essential to navigating the complexities of the court system, building a solid defense strategy, and ensuring the best possible outcome for your case.
Arrested for DUI in Cobb County? The Clock Is Already Running
Most people who call us after a DUI arrest say the same thing: they did not realize how fast the process moves or how quickly their options narrow. The 30-day deadline to protect your license is not a suggestion, and the decisions made in the first days after an arrest can shape everything that follows.
At Frye Law Group, we have spent years on both sides of the courtroom in Cobb County, and that experience changes how we defend these cases. If you or someone you care about has been arrested for DUI in Marietta or the surrounding area, do not wait. Tell Us Your Situation. Schedule a Confidential Consultation Today.
Frequently Asked Questions About The Legal Process After a DUI Arrest
1. How long do I have to request an ALS hearing after a DUI arrest in Georgia?
You have 30 calendar days from the date you receive notice to request an Administrative License Suspension hearing. Missing this deadline means an automatic suspension on the 46th day after your arrest, with no exceptions, regardless of what happens in your criminal case.
2. Will my license be suspended after a DUI arrest in Cobb County?
It depends on whether you request an ALS hearing within 30 days. If you do nothing, your license is automatically suspended on the 46th day. If you request a hearing, your driving privileges are extended while the case is heard. The outcome of the hearing, and ultimately your criminal case, determines what happens to your license long-term.
3. What happens immediately after a DUI arrest in Cobb County, Georgia?
After a DUI arrest in Cobb County, you are taken into custody for booking, which includes fingerprinting, photographs, and recording of your personal information. You will also receive a DDS Form 1205, which acts as a 45-day temporary driving permit and starts the 30-day clock for requesting an administrative license suspension hearing. Depending on the circumstances, you may be released on bond or held for a bond hearing.
4. What courts handle DUI cases in Cobb County, Georgia?
DUI cases in Cobb County are handled in different courts depending on who made the arrest. Marietta Municipal Court handles arrests made by the Marietta Police Department. Cobb County State Court handles cases involving the Cobb County Police Department, the Cobb County Sheriff’s Office, and the Georgia State Patrol.
5. Can field sobriety tests be challenged in a DUI case?
Yes. Field sobriety tests are subjective, and results can be affected by medical conditions, fatigue, nervousness, uneven surfaces, weather conditions, and footwear. An experienced DUI attorney can challenge both the administration of the tests and the officer’s interpretation of the results. Frye Law Group has defended DUI cases throughout Cobb County and knows how to build a strong challenge to FST evidence.
6. What is the legal blood alcohol limit in Georgia?
The legal BAC limit depends on who is driving. For most drivers 21 and older, the limit is 0.08%. Commercial drivers are held to a stricter standard of 0.04%. Drivers under 21 face a limit of just 0.02%, meaning even a small amount of alcohol can trigger a charge. You can also be charged with DUI even if your BAC is below these limits if the officer believes alcohol impaired your ability to drive safely.