DUI charges can have a devastating impact on your life. A conviction will stain your record and can seriously hurt your job opportunities in the future.
Your Gwinnett County DUI case will typically start in a municipal or Recorder’s Court. However, your case can be transferred to State Court if you request a jury trial.
Due Process
An individual arrested for DUI in Gwinnett County will likely face a criminal case and an administrative license suspension action. It is vital that a Gwinnett County DUI Lawyer file an appeal in an administrative court within 30 days to preserve the person’s driver’s license.
It is against Georgia law for a police officer to pull a vehicle over on suspicion of DUI without first establishing probable cause. Also, police can only conduct checkpoints advertised in advance by commercials, news, or road signs.
A Gwinnett County DUI Lawyer can help individuals stay informed about the DUI court process and assess a prosecutor’s plea offer to determine whether it is in their best interest to take it. Additionally, experienced lawyers can review an individual’s record to ensure their rights are protected.
Field Sobriety Tests
Law enforcement officers use field sobriety tests to determine whether you have been drinking and driving. These tests involve having you stand up straight and follow an officer’s instructions, such as following a moving object with your eyes or counting backward. These standardized tests have the same questions, tasks, administration procedures, and scoring criteria for everyone who takes them.
However, field sobriety tests are subjective and can be affected by various factors, including nervousness, fatigue, motor skills impairment, and incorrect test administration. For example, if an officer misexplains or administers the instructions incorrectly, you may fail the tests even if you are sober. An experienced Gwinnett County DUI Lawyer can help you fight these findings at trial.
Blood Tests
The results of a Gwinnett County DUI blood test can determine the outcome of your case. A skilled attorney from Yeargan & Kert, LLC will review the details of your case and make sure that all of your rights are protected.
Depending on the circumstances, law enforcement can also use saliva swabs, search your motor vehicle for evidence of prescription drugs, and ask questions about medications you are taking. You mustn’t answer these questions until your Gwinnett County DUI Lawyer is present.
A DUI conviction can have life-changing effects and negatively affect employment opportunities. You can avoid a felony charge by contacting the team of experienced Gwinnett County DUI Lawyers at Yeargan & Kert, LLC today. They can help you navigate the complex legal process of defending yourself against DUI charges.
Arrests
Gwinnett County and its municipalities take the investigation and prevention of DUIs seriously. Therefore, individuals should retain the services of a skilled Gwinnett County DUI lawyer to protect their rights.
Individuals may qualify for a Gwinnett Municipal Court Pretrial Diversion Program. This program allows individuals to accept responsibility for the DUI charge in exchange for a dismissal of the charges. This can prevent the charges from appearing on a person’s permanent record or background checks.
Individuals have ten days from their arrest to request an administrative hearing with the Department of Driver Services to challenge the Gwinnett DUI officer’s decision to suspend their license. However, requesting this hearing is not always the best option for a person’s unique situation.
Trials
When individuals are charged with DUI in Gwinnett County they have the right to a trial. An experienced Gwinnett DUI Lawyer will help individuals ensure their case is litigated correctly at every stage. Oftentimes, when a person demands a jury trial, their case will be transferred from municipal court or Gwinnett Recorder’s Court to the county’s state court system.
This means that the particular judge assigned to their case will play a significant role in resolving the case or negotiating a plea agreement. A Gwinnett County DUI Attorney at Yeargan & Kert, LLC can help individuals understand the state court system and its rules. Individuals often qualify for pretrial diversion programs that allow them to accept responsibility for the DUI charge while keeping it off their record and background checks.