Traffic Stop & Arrest

What Happens:

• Officer stops you for suspected impairment (erratic driving, accident, roadblock, etc.).
• Field Sobriety Tests may be administered.
• Breath, blood, or urine testing may be requested under Georgia’s Implied Consent Law.
• If probable cause exists, you are arrested and taken to jail.

Important:

• Your driver’s license may be confiscated.
• You will receive a temporary driving permit (typically valid for 30 days).

Immediate Action Required

You have 30 days from the date of arrest to:

• Request an ALS hearing to challenge your license suspension
• OR
• Install an ignition interlock device (for eligible first offenders)

If you do nothing, your license will be automatically suspended after 30 days.

Contact Willis Law Firm Immediately

As soon as possible after your arrest:

• Contact Willis Law Firm to review your case.
• An experienced DUI attorney can:
• File your ALS hearing request
• Preserve evidence
• Begin investigating the traffic stop
• Identify possible defenses
• Advise you on protecting your driving privileges

Early legal intervention significantly improves outcomes.

First Court Appearance: Arraignment

What Happens:

• You appear in court (State Court or Municipal Court depending on location).

• Charges are formally read.

• You enter a plea: Guilty, Not Guilty, or Nolo Contendere.

If represented by Willis Law Firm:

• Your attorney may appear on your behalf in many cases.

• A not guilty plea is typically entered to preserve your rights.

Discovery & Case Investigation

During this phase:

• Your attorney requests evidence from the prosecutor, including:

  • Police reports

  • Body cam and dash cam footage

  • Breath or blood test results

  • Calibration and maintenance records

  • Officer training records

Willis Law Firm will analyze:

• Whether the traffic stop was lawful

• Whether field sobriety tests were administered correctly

• Whether chemical testing procedures were valid

• Any constitutional violations

Motions & Hearings

Your attorney may file:

• Motions to suppress evidence

• Motions to exclude breath/blood results

• Constitutional challenges

If successful, charges may be:

• Reduced

• Dismissed

• Significantly weakened

Negotiations

Many DUI cases resolve through negotiation.

Possible outcomes:

• Reduced charge (e.g., Reckless Driving)

• Entry into diversion program (if eligible)

• Plea agreement with reduced penalties

Willis Law Firm will evaluate:

• Strength of evidence

• Prosecutor’s position

• Your prior record

• Long-term consequences

Trial

If the case proceeds to trial:

Jury Trial (State Court DUI)

• 6 jurors in misdemeanor DUI cases

• State must prove guilt beyond a reasonable doubt

OR

Bench Trial

• Judge decides the case

Possible outcomes:

• Not Guilty

• Guilty

• Mistrial

Sentencing

For a First DUI in Georgia (typical penalties):

• 24 hours to 12 months in jail (often probation for first offense)

• $300–$1,000 fine plus surcharges

• DUI Risk Reduction Program (DUI School)

• Community service (minimum 40 hours)

• License suspension (12 months, limited permit possible)

• Possible ignition interlock requirement

Penalties increase significantly for:

• High BAC (.08+; enhanced penalties at .15+)

• Accidents

• Child passenger

• Prior DUI convictions

License Reinstatement

After suspension period:

• Complete DUI School

• Pay reinstatement fees

• Provide required documentation

• Install ignition interlock if required

Your attorney can guide you through the reinstatement process.