If you or a loved one has been arrested for DUI in Henry County, you may be wondering what will happen next. Upon being arrested for DUI in Henry County (or given a citation if incident occurred during COVID-19), the first matter to focus on is your ability to continue driving. Within 30 days of your arrest, certain decisions must be made in order to preserve your right to drive during the pendency of your DUI case. You will need to either submit what is known as an Administrative License Appeal (“30 day letter”) or opt for an Ignition Interlock Permit. Several factors, including whether or not there was a chemical test taken, go into the decision of which route to go. An experienced DUI defense attorney will guide you to make the best decision for your individual circumstance.

            Your case will begin in either Henry County State Court, or one of the local Municipal Courts (Stockbridge, McDonough, Hampton, or Locust Grove). The first court date that occurs in a Henry County DUI case is your Arraignment date. At your arraignment, you will be given the option to enter a Not Guilty plea to the charges. It is imperative you have a DUI Defense Attorney at this stage as the Arraignment date triggers certain deadlines. Under Georgia law, a Motion to Suppress must be filed within 10 days of Arraignment. This means that in order to preserve arguments of suppressing blood, breath, or urine tests, or incriminating statements made to law enforcement, that a Motion to Suppress must be filed, or the ability to argue it later is waived.

            Following the Arraignment will come the Discovery process where the State will serve its evidence including any police reports, body cam and dash cam footage, and results of any chemical test. The Defense will be doing its own investigation and analysis in the case in preparation for a Motions hearing, Pretrial Negotiations, and Trial. The Law Office of W. Scott Smith will appear at all hearings to protect your rights and defend you. We fight for you and come up with a comprehensive strategy to accomplish your goals in your DUI case in Henry County.

If you or a loved one is facing a Henry County DUI, do not go through it alone. Jail time, license suspension, and lengthy probation sentences are all at stake in a DUI case. A guilty conviction lasts forever in the State of Georgia, and can never be expunged.

Attorney W. Scott Smith is the Founder and Principal of the W. Scott Smith P.C. law firm in Atlanta, Georgia. Scott has been recognized as one of the best criminal defense attorneys in the State and he and his firm are leaders in DUI and Drug related cases. The lawyers of W. Scott Smith routinely are invited to speak to other lawyers on DUI-related topics and have handled hundreds of Henry County DUI cases. Call us today for a FREE CONSULTATION at 404-581-0999.