When a person is arrested for DUI in Roswell GA, their case will be set for arraignment in the Roswell Municipal Court. However, prior to arraignment, many things need to be done to protect your rights.
Generally, when a person is charged with DUI, the arresting officer will take their license and provide the person arrested a DDS-1205 form that will serve as a temporary license. Many people assume that this temporary license will be in effect until the case is resolved. That assumption is incorrect.
The DDS-1205 form acts as a temporary license for 45 days; however, the accused only has 30 days to file an appeal with the Georgia Department of Driver Services or to install an ignition interlock. If the accused driver does nothing, their license or privilege to drive in Georgia will be suspended on the 46th day. In the event of a refusal, the license suspension is for 12-months. That is why even if your arraignment is several months away, you need to hire a Roswell GA DUI Lawyer as soon as possible.
The next step in the process is to do a full investigation of the case, including a review of the incident report, any scientific tests, the field sobriety tests performed and the video. After a review of the evidence, your Roswell DUI Lawyer will help you make the decision whether to enter into plea negotiations in the municipal court or to take the case to trial in the Fulton County State Court. (as there are no jury trials in Georgia's municipal courts)
Many people call our office after they have already made the decision to send to case to state court. That means that they attended their initial arraignment without counsel. This is a mistake. Many times, a favorable plea bargain can be reached in Roswell Municipal Court, including a potential reduction of the case to Reckless Driving. Failure to have a Roswell DUI Attorney from the very beginning could end of forfeiting this potential opportunity. Attending court at the municipal level never limits your right to a jury trial in Georgia; it gives you an effective two bites at the apple.
As the top-rated DUI Defense firm in Georgia, we are here to help. We are available 24 hours a day, 7 days a week. Your best defense begins here!