What to Expect from a DUI Accusation in DeKalb County

Being arrested for a drunk driving offense is a scary experience that requires immediate legal attention. In addition to the potential penalties you may be faced with, you also run the risk of having your driving privileges revoked or suspended.

If you have been accused of drinking and driving, take the time to learn more about what to expect from a DUI accusation in DeKalb County. Doing so may improve your chances of successfully defending yourself in court.

Prosecution’s Attitude Towards DUI Cases

Every county vigorously prosecutes DUI cases. A person should not expect a prosecutor to give them a break. A DUI is the type of case one would expect the prosecutor to take very seriously and do their job.

The prosecution would try a DUI case vigorously. A person who has been charged with this offense should not expect the prosecution to act casually.

Sentencing for Drinking and Driving Charges

Sentencing depends on the facts of the case, the number of DUIs in question, whether this is a first, second, or third offense. Other factors that may be considered include whether there was an accident, any injuries, and whether there was speeding involved or drugs were in the car. Many factors can change the analysis from a prosecutor’s perspective as to how they should prosecute the case. Sentencing is always based on the facts of the case and criminal history as well as mitigation.

Appealing a Drunk Driving Conviction

A person has a right to appeal any conviction. When there is an evidentiary issue, a judge makes an inaccurate ruling, or a reversible error in a trial, the individual has the right to file an appeal of their conviction.

The process for appealing a DUI conviction be very technical and a lawyer must determine if at any point, there was some level of error in the case or a judge made a ruling that is inconsistent with the case law or facts. In any of those capacities, a person could have a right to appeal the court’s ruling, the ruling of the jury, or the procedure by which they were convicted of a DUI.

Options for Sealing a Record

When you are arrested for a DUI offense, your record may be released to the public. In addition, a person’s mug shot may also be made accessible to the general public.

For someone who has been arrested for a DUI offense, there are some legal avenues for having an arrest record restricted from public view. However, this would depend heavily on the specific facts of a case.

If a DUI charge is dismissed, the accused person may automatically have their arrest restricted or removed from public record. Conversely, if a person plead guilty to anything stemming from the case, it is likely that they would not be eligible to have an arrest removed from their criminal history.

Difference Between Record-Sealing and Expungement

Georgia has a record restriction that gives one the right to restrict their arrest record in specific situations depending on how the case is resolved. Restriction involves the removal of an arrest from one’s criminal record. When someone is acquitted of a DUI, they are eligible to have their record restricted. If an individual goes to trial and wins their case, they could also have their arrest history restricted.

Sealing a record is different. When a person’s record is sealed, the general public is prohibited from seeing it. This is highly prevalent in cases involving juveniles where they would often have their record sealed at the end of their sentence.

In addition to sealing a record, one’s mug shot photo may also be removed, their fingerprint card is destroyed, and their arrest information would be deleted from a jail website. Those are additional steps that could be taken under a sealing that are not necessarily part of a restriction.

Schedule a Consultation Today

A drinking and driving charge could have a profound impact on your future if left unhandled. Failure to mitigate the situation may lead to a potential prison sentence, a requirement to fulfill community services hours, and a revocation of driving privileges.

If you are facing such charges and wish to learn more about what to expect from a DUI accusation in DeKalb county, be sure to schedule a consultation today.


Hawkins Spizman

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