Timeline of a DUI case

In Georgia, a typical DUI case follows a structured legal process, but the timeline can vary significantly depending on the jurisdiction. Some cases may be resolved in just a few months, while others can take 24 months or more before they reach a conclusion, particularly when there are delays. Below is a general timeline for a DUI case in Georgia, from the arrest to trial and everything in between:

Arrest and Initial Stages

DUI Arrest: The process begins when an individual is arrested for DUI, typically after being stopped by law enforcement on suspicion of impaired driving. The arrest usually involves taking the individual into custody, performing sobriety tests (including breathalyzer or blood tests), and booking the individual at a police station. The actual arrest and booking process may take several hours, depending on if there was a blood draw or a breathalyzer used at the police station.

 Bond Hearing

After the arrest, you (the defendant) will usually be given the opportunity to post bond. In some cases, the bond may be set during a first appearance, often within 48 hours of the arrest. If the defendant cannot post bond, they may remain in custody until they can appear in court. However, most DUI arrests have a pre-set bond and a bond hearing may not be held. For example, you may be offered a $1,000 bond immediately after being booked. REMEMBER: If you are out on bond you CANNOT break any laws or bond conditions set forth in the bond condition agreement. In DUI cases, this may mean something as simple as a moving violation could potentially put you back in custody.

Municipal Court

Your case first begins in Municipal court. This occurs in the city in which you were arrested. For example, if you were arrested for DUI by an Atlanta Police Officer within the city of Atlanta, your case will begin in the Municipal Court of Atlanta. There are several opportunities for your attorney to discuss and negotiate the case with the city solicitor. There are several court dates that may happen while your case is in municipal court. Municipal court is more casual than state court, where each court date is an arraignment. In other words, there are typically no specially set plea dates and other hearings in municipal court. Your attorney will negotiate with the city solicitor to try and dismiss the charge, reduce the charge, reduce the fines, or any other potential negotiating points your attorney deems critical.

If the city solicitor is not willing to negotiate to a charge or certain conditions you and your attorney think are valuable, then do not worry! Remember, municipal court solicitors are not in the business of reducing or dismissing charges, especially in jurisdictions where every penny from your fine counts.

After receiving an offer from the city solicitor, you and your attorney will review it and decide next steps. If the offer is not something you want to take, or something your attorney may be able to negotiate down with more flexible State Court solicitors, then the case will be bound over and transferred to State Court.

• REMEMBER: municipal courts do not hold jury trials! You may request a bench trial, in which the judge decides and adjudicates the case using his or her own discretion and application of the law. We do not typically recommend bench trials except under very exceptional and unusual circumstances.

Binding the Case Over to State Court

Binding Over to State Court: If you do not accept the city solicitor’s offer in municipal court, the case is bound over to state court, which has jurisdiction over DUI cases. This is the critical step that moves the case out of the municipal or magistrate court and into the state court system, which can handle more complex criminal cases, including DUI. For example, if your case was originally in Municipal Court of Atlanta, then the corresponding State Court would be the State Court of Fulton County.

Time Frame for Binding Over: The time between arrest and binding over can vary widely depending on the jurisdiction. In some areas, cases may be bound over in just a few months, but in many counties or judicial circuits, it can take anywhere from **3 months to 24 months or more** for the case to be bound over to state court. Larger counties or busy jurisdictions with a backlog of cases may experience longer delays. Our office will continue to monitor any movement or updates in the case.

State Court Proceedings

Arraignment in State Court: Once the case is bound over to state court, you will have an arraignment. During this hearing, the charges are formally read, and you will enter a plea (guilty, not guilty, or nolo contendere). It is commonplace for attorneys to file what is called a “waiver of arraignment.” This particular filing lets the court know that we are retaining our innocence. The case has to be arraigned in State Court before any sort of discovery exchanges hands or negotiations can begin between your attorney and the State Court solicitor.

Pre-Trial Motions and Discovery**: After arraignment, both the prosecution and defense will exchange evidence, known as discovery. This process can take several months, as the defense attorney will often file motions to suppress evidence (e.g., challenging breathalyzer results or the legality of the stop). This is an important process in which your attorney can potentially dismiss the case based on legal issues. If your attorney sees a potential legal issue when going through the provided discovery, there will be a hearing called a “motions hearing.” Motions hearings take place in front of the judge without any jurors. The judge will then decide the issue raised in the motions after hearing arguments from both the solicitor and your attorney.

Negotiations or Trial: Your attorney will negotiate with the State solicitor after arraignment. Just like in municipal court, your attorney will receive a negotiated plea offer from the State solicitor.

Calendar Call: Calendar call is sometimes the last court date before your case ends. During a calendar call, your attorney will inform the Judge and solicitor how you plan on proceeding with the case whether it be by a plea or an announcement stating that you are ready for trial. In some courtrooms, your trial could begin as soon as that same day. In other courtrooms they could be set for several weeks after the calendar call date. Your attorney will usually have an opportunity to negotiate the case further at calendar call in what is known as an informal “pre-trial.” REMEMBER: solicitors have the right to withdraw any plea offers or recommendations and are generally withdrawn if a plea is not accepted by calendar call.

If a plea agreement is not reached, the case will proceed to trial. DUI trials are often complex, requiring expert testimony about the science of alcohol testing, field sobriety tests, and the circumstances surrounding the arrest.

Trial

Jury Trial:

If the case goes to trial, a jury will be selected, and the case will proceed with both sides presenting evidence and arguments. DUI cases in Georgia are typically heard before a jury, although the defendant can waive a jury trial and have the case heard by a judge alone.

Sentencing: 

If convicted, you will receive sentencing from the judge immediately after trial. In DUI cases, sentences can include fines, mandatory DUI education classes, community service, probation, or even jail time, depending on the severity of the offense and whether it is a first offense or a repeat offense.

Throughout the process, various motions, plea negotiations, and court scheduling can contribute to the length of time the case takes to reach trial or settlement. The court’s schedule and the case’s complexity are key factors in determining how long a DUI case may last. Keep in mind that it is a tedious process and both attorneys for the state and the defense are often at the mercy of the court’s scheduling.