When facing DUI charges in Georgia, many people become frustrated with how long their cases take to resolve. During the COVID-19 Pandemic starting in 2020, the frustration level (for everyone) was at its very peak. Next, if you hired a top-shelf DUI attorney near me to FIGHT your case, you should have expected a longer litigation process. Pleading guilty is something every accused person can do alone, although this is almost always one of their biggest lifetime mistakes.
Working with an experienced Atlanta DUI lawyer is essential to understanding why these delays often serve a strategic purpose in building a stronger defense. Statistically, the odds of getting DUI dropped in Georgia tend to increase the longer a case winds its way through the court system.
Next, if you hired a top-shelf DUI attorney near me to FIGHT your case, you should have expected a longer litigation process. Pleading guilty is something every accused person can do alone, although this is almost always one of their biggest lifetime mistakes.
Fighting a case takes longer than just “falling on the sword” and pleading guilty. With top legal counsel defending DUI cases in Georgia this will often extend over many months or possibly over 2 years for several strategic and practical reasons.
By selecting a highly rated law firm, the many extra steps, written motions and hearings that are sometimes required to try to exclude parts of the police officer’s case will demand more time. In addition, the complexity and multi-layered criminal court labyrinth in the Peach State is “one of a kind.” Read more below. DUI cases in Georgia often extend over many months — and even years — for several strategic and practical reasons.
Variations in Court System Factors Determine If the Path of the Case May Take Longer
The Georgia criminal court system is not simple, like in the State of Florida. In Florida, there are 67 counties, and all misdemeanor cases start in the criminal division of the County Court in the county where the crime was committed. For their felony cases, the State has 67 Superior Courts, to process those more serious crime cases.
Each of those county courts have jury trial jurisdiction. That one, single court handles all aspects and dispositions of their cases, from arraignment to jury trial.
In Georgia, the state with the second highest number of counties in the nation with 159 counties, plus well over 600 different non-jury level criminal law courts that may START a misdemeanor traffic case, including a misdemeanor DUI. This includes hundreds of municipal courts, a handful of recorder’s courts, and 72 “State” Courts in larger population counties, that can provide a jury trial, and not be transferred to Superior Court.
A criminal defense attorney is allowed to leave the client’s case in that court to see if a “deal” can be obtained. If not, by simply filing a jury trial “demand” that file must then be transferred to a court with jury trial authority.
Cases typically begin in lower courts like a municipal court of a local Georgia city or (in smaller population areas) from a probate court to their Superior Court, when jury trial is demanded by the accused citizen. In metropolitan areas, high case volumes can often create significant backlogs, while rural counties may only hold court sessions once or twice per year due to limited resources, and any case with a defendant in jail gets put up to the front of the line for trial.
Here are additional reasons why DUI cases in Georgia face several common delays that affect their timeline and resolution:
Court System Delays
Administrative Processes
Scheduling your first court appearance, also called your arraignment, can take several months. State Court processing can add another 6-12 months for next court dates in major cities like Atlanta or Savannah, and the COVID-19 pandemic created significant backlogs still affecting Atlanta-area courts.
Strategic Delays
Case Preparation
Your criminal defense lawyer needs time to gather and analyze evidence (called Discovery), and this process requires thorough review of police reports and test results. Plus, new attorneys entering cases require time to review case details. It is very difficult to switch attorneys before your case comes to an end.
Larry Kohn and Cory Yager have seen it happen a fair number of times, and sometimes the client of another attorney will ask Cory or Larry to take over their case. This is why it is so very important to initially hire the best Atlanta DUI lawyer you can find, which requires online research, checking out client reviews and asking friends and family.
But do not use your divorce attorney or the family business lawyer to handle DUI cases. Drunk driving cases require the expertise and experience of a skilled criminal defense attorney who has taken all the related, special training on field sobriety tests, forensic breath alcohol testing and fighting crime laboratory blood testing.
Even if you don’t hire our criminal defense lawyers, please do a lot of research and interviewing before choosing an attorney from another Firm. You want to win, and winning is very unlikely with many criminal attorneys who lack advanced training.
Scheduling Conflicts
Some other reasons for cases tending to drag on include court calendar congestion that causes postponements, attorney scheduling conflicts with other cases, key witnesses not being available to appear in court on your behalf.
Strategic Benefits
Evidence Gathering
The discovery process requires extensive time to collect and analyze:
- The officer’s POST records.
- Police reports, accident reports, roadside videos and arrest videos, plus (where available) the police car interior back-seat videos. Some cities like Athens have body cameras on all officers and these may capture vitally important information.
- Obtaining the chemical test results along with the GBI’s supporting calibration and periodic testing of accuracy information.
- Any witness testimonies and (in some cases) bar or restaurant surveillance videos that might help your client.
- Blood test results
Tactical Advantages
Extended timelines often benefit defendants because:
- Evidence may deteriorate or disappear over time.
- Some clients knew their legal rights at the roadway, and gave the arresting officer little or no “evidence” of lack of sobriety, as described in this video by partner William C. Head.
- Witnesses can become unavailable for a variety of reasons.
- Arresting officers might relocate, be removed from duty for “cause,” or change employment.
Typical Timelines
The DUI process varies by jurisdiction but generally follows this pattern:
Initial Arraignment (First court date): 2- 3 months after arrest
Next Court Date: 6 – 12 months after arraignment
Total Duration (including jury trial): up to 3 years (or more)
How Much Do Most Lawyers Charge for a DUI?
The investment in quality DUI defense varies based on case complexity and attorney experience. While costs may seem high, what a lawyer can do for a DUI case extends far beyond basic representation.
Top-rated, experienced DUI attorneys in Georgia typically charge up to $8,000 to $16,000 for DUI defense cases. Be aware that a DUI arrest almost always will include many attorney hours helping clients handle their related administrative license suspension hearing that takes place long before the criminal DUI case gets underway.
Many times, though, these fees are “staged” in increments, such as an initial retainer followed by additional fees for pre-trial motion hearings. Then, an additional fee for trial might be payable, which is likely in only 5% of our Firm’s cases, due to the work we do to find a non-trial disposition. Far fewer than 1% of our Firm’s cases are appealed after trial, but appeals are a separate cost item entirely.
Fees covering extensive case preparation, evidence analysis, and strategic planning. This investment often proves worthwhile when considering the potential long-term consequences of a drunk driving conviction.
What Is the Best Plea Deal for a DUI?
Securing the optimal plea agreement requires patience and strategic timing. How many times a DUI case can be postponed often depends on the jurisdiction and circumstances, but each continuance can create a new opportunity for negotiation.
The most common outcomes obtained by our attorneys typically will include a reduction of charges to reckless driving. Some cases result in an outright dismissal of the case, due to aggravating factors discovered on video, a missing officer, or a successful pre-trial motion hearing that cripples the Prosecutor’s case.
What Is the Best Defense for a DUI?
Building a strong DUI defense requires thorough investigation and careful analysis of every detail of the case and challenging EVERYTHING. The most effective defense strategies often will include:
- Challenging breathalyzer calibration and maintenance records
- Questioning the Officer’s field sobriety test administration
- Examining reasonable articulable suspicion for the use of blue lights to pull over the vehicle, to then challenge probable cause for the initial stop
- Investigating blood test collection, storage and handling procedures
- Identifying constitutional rights violations
What Are the Chances of Getting a DUI Dismissed?
The slow pace of many DUI cases frustrates defendants, yet patience frequently improves their chances of a positive resolution. While the length of time a DUI case remains open is variable, longer timelines can be advantageous to the defense.
This is because evidence may deteriorate, witnesses may become unavailable, the defendant may opt to complete some beneficial pre-trial programs for which our partner can then try to “broker a deal.” Plus, by undertaking thorough case preparation, your legal warrior will know what “problems” to point out and use for negotiation leverage with the assigned prosecutor.
Why Wait, and Risk Compromising Your Criminal Case?
Contact our experienced defense team today for a no-cost, confidential consultation. In this FREE case review, you can learn more about how we can protect your rights and will seek a non-DUI disposition for your case. Plus, we will discuss payment plans for those who need to spread out the fee payments. Dial us 24 hours a day at 404-567-5515.