What Happens at an Arraignment for DUI in Georgia?

Appear Before Judge

The first step in the arraignment process in Georgia is for the person accused of DUI to be called to appear before the judge. The defendant is named and the charges against him or her are formally read for the record.

The judge at the arraignment hearing will ask the defendant whether he or she has an attorney. Getting legal advice is a right guaranteed by the U.S. Constitution. If the defendant is unable to afford to hire an attorney directly, the court will appoint a legal practitioner to represent him or her in the proceedings. The court-appointed attorney has a duty to vigorously defend his or her client against the criminal charges.

The next thing that happens at an arraignment for DUI in Georgia is the defendant is asked how he or she pleads to the charges. The defendant may choose to plead guilty, not guilty or no contest. Under Georgia law, the defendant may also choose to "stand mute" and refuse to enter a plea. When this option is used, the court interprets it in the same way as pleading not guilty.

Pleading no contest means the defendant does not admit committing the act, but also does not refute the charges against him or her. This option may be used if the defendant is or may be facing a civil lawsuit relating to the events leading up to the charges.

If the defendant chooses to plead guilty or no contest to the charges, no trial is held. The judge may hear submissions by the prosecution and the defense before sentencing the defendant. The court may also consider mitigating circumstances when making sentencing decisions.

When the defendant in a DUI case pleads not guilty, the court will decide whether he or she should be released from custody while awaiting trial. The judge may set bail at a fixed amount or order that the defendant remain in jail until the trial date. The third option is to release the defendant on his or her own recognizance.

Once the matters of entering a plea and deciding about bail have been dealt with, the arraignment for a DUI hearing in Georgia moves into the phase where the judge will set a date for a preliminary hearing and trial of the matter.