Parts of Buford are located within Gwinnett and Hall County. If you have been charged with DUI in Buford, you need to speak with an experienced Georgia DUI lawyer about your case. You may be able to save your driver's license and you may have many defenses to your DUI case.
Our office will send a free 30-day letter for you if you have been arrested for DUI. You only have 30 days from the date of your arrest to send in a letter requesting a hearing on the administrative suspension of your license based on your refusal to take the state administered test of your blood, breath or urine. You may also be eligible for an Ignition Interlock Device Limited Permit. You may be subject to an administrative suspension based on any result of a breath test, blood test or urine test, or for refusing any of these tests. A key point to remember is that your hearing on the administrative suspension of your license is a very important part of your criminal case. It gives your attorney a chance to meet with your arresting officer to learn of of the facts and circumstances of your case. Your administrative license suspension hearing also may be an opportunity to enter into an agreement called a "Joint Motion To Withdraw." If you and your attorney agree that you will enter a plea of guilty to a DUI charge, entering into this agreement can save your driver's license if the arresting officer is willing to withdraw the administrative license suspension based on your agreement to plead guilty in the criminal case. If you and your attorney determine that you do not want to enter a guilty plea to DUI, then you will have the opportunity to conduct your administrative license suspension. This is an important point in your case because your attorney will be able to cross examine the officer under oath about all of the facts on the date of your DUI arrest. Further, you attorney will be able to get a transcript of this hearing. This transcript is important because it can be used to cross-examine the officer at trial. If the arresting officer in your case gives inconsistent testimony at trial, then your attorney will be able to use the transcript from this hearing to show the jury that the officer has changed his version of the facts at trial. These license suspension hearings are held at the Gwinnett County Courthouse and are conducted by the Georgia Office of State Administrative Hearings Court.
Typically, your first appearance in your DUI case will be an arraignment hearing. The purpose of your arraignment is for you to enter a plea of guilty, not guilty or no contest. The purpose of arraignment is legally to put the defendant on notice as to the charge against which he (she) must defend. You have the right to have the charges against you formally read aloud in court. If you have an attorney he/she may waive arraignment so that the charges are not read aloud in court. Your attorney should file a formal discovery request which should include a copy of the accusation that includes every charge against you. If your attorney has not received the discovery responses from the State, then he/she may enter a plea of not guilty based on the fact that all of the evidence pending against you has not yet been received.
After your attorney receives all of the evidence in your case, you will be faced with the decision of whether or not to go to trial. If you decide that you do not want to go to trial, then your attorney should put forth his/her best efforts to make a negotiated plea which means that he/she will negotiate an agreement with the prosecutor to obtain the most favorable agreement in terms of punishment in return for your agreement to plead guilty in the case.
If you do not want to enter a guilty plea in your case, then you will have two options. The first option is that you can have a bench trial in front of the judge in your case. In a bench trial, the judge will determine the facts and the law and make a determination as to your guilt of innocence in your case. The second option is to have a jury trial. If you have been charged with a DUI (usually misdemeanor) in the state of Georgia, then you are entitled to a jury of 6 people. Your case will be heard by the jury and the jury will determine whether you are guilty or not guilty.
If you have any questions about your DUI arrest in Buford, GA, submit a DUI inquiry form by clicking the button below. By entering some facts about your case, we will be able to answer your questions about your case. Every DUI case is different and every fact is important. If you cannot answer the questions about your case, you may enter your information below and someone from our office will call you for a free consultation about your DUI case.