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Atlanta DUI Lawyers

1. Yeargen & Associates: Driving Under the Influence (DUI) is the Number One crime in the United States. For many people, a DUI arrest is their first exposure to the legal system. Being charged with a DUI is a harrowing and anxious time for anyone. A DUI is a misdemeanor, but the financial, emotional, and social implications can be overwhelming. The thought of having to go to court and answer these charges alone is a terrifying thought. YouÕre not alone. James Yeargan is a former prosecutor who is dedicated to defending your rights, and guiding you through this difficult time. People have many concerns about how a DUI charge may affect their job, right to drive, insurance rates, and daily life.
2. Williams, Elyssa: 3 Secret Weapons in Fighting Your DUI Charge Ń ItÕs not too late!!! An arrest for DUI (driving under the influence) can wreck your life in several ways. In fact, if you are arrested and either refuse to take the breath test or fail it, your license will be revoked for a period of 1 to 3 years beginning 30 days from your arrest. Your only hope to keep your license is to ŅappealÓ or request a hearing within 10 days of your arrest, and win the hearing. This hearing is with the Georgia Department of Motor Vehicle Safety and has nothing to do with the court date for your criminal case. Obviously, if you can keep from being arrested by avoiding actions that cause the police to stop you, you'll save yourself a lot of grief. And here are the most common reasons the police will stop you: „ Speeding „ Weaving or Swerving „ Making wide or illegal turns „ Crossing or straddling the centerline „ Following too close „ Braking on and off without cause „ Almost hitting an object or another car „ Driving at night without headlights „ Driving at a slow speed - more than 10 miles under the speed limit „ Coming out from a local tavern „ Expired license tag or safety inspection problems Should you take the breath test? GA law requires that you submit to either a breath (or blood or urine) test. If you refuse to do so, the refusal will be used against you in Court. But, is this really all bad? 4 Things to help you decide what to do: „ Simply having an unlawful blood-alcohol level (.08) while driving is enough for the State to prove your DUI charge, even if your driving is absolutely fine. „ If you refuse the test, the state wonÕt have any actual or real evidence of blood-alcohol level. (They will have to ask the jury to ŅinferÓ or assume that you would have flunked the test if you took it -- and we all know what happens when you assume). „ If you refuse the test, your refusal will cause your driverÕs license to be suspended by the Department of Public Safety and you wonÕt qualify for a limited driving permit for work. If you flunk the breath test by blowing a .08 or above, your license is still suspended, but you can qualify for a work permit if it is your 1st DUI in 5 years. If you win your DUI case, a license suspension goes away. „ If you are under 21, the laws are even harsher Š the legal limit for you is only .02. Most lawyers agree that you generally have a much better chance of winning your DUI case if you refuse the breath test (and an even better chance if you also refuse the field sobriety tests). If your DUI charge is dismissed or reduced to a less serious charge, you automatically get your license back. 3 Things you SHOULD NOT do when the police stop you: 1. You should not refuse to be video taped. You cannot refuse to be video taped, but you can and should not take the field sobriety tests. 2. You should REFUSE the field sobriety tests. You are not required to do so and even if the officer tries to use your refusal against you later in court, it is not conclusive because many people who are totally sober cannot pass these tests. In these tests, the police ask you to perform certain physical tasks (watching a pen move across your eyes, touching finger to nose) which the police will use to justify your arrest. The police officer can claim to the jury that you refused the tests because you were afraid you would flunk, but the police officers are not qualified to properly interpret these tests. Your refusal to take any of the field sobriety tests has no effect on your driver's license. You are not sure the police officer will accurately report the results anyway. 3. You should NOT become argumentative or rude to the officers. Being disrespectful only causes your problems to escalate. People rarely win physical or verbal fights with officers. Police routinely look only for and report only signs of intoxication, not sobriety, so they overlook signs of sobriety, may fail to report them, and then may not even remember them because that is not what they were concentrating on, not what they cared about at the time. How could they remember such observations weeks or months later after 99 more arrests if no mention was made in their report? Okay, you're thinking "Gee, it's too late for me. I've already been arrested and charged. There's nothing I can do.Ó ÉWrong! I know of several "secret weapons" to fight your charge and here are just 4 of them: 1. The Breath testing machine itself has to be tested to make sure that it is working properly. 2. The Breath testing machine can be tampered with. 3. The Breath testing machine can and does malfunction, producing erroneous results. 4. Arresting officers often exaggerate results of field sobriety tests or donÕt know the proper way to give the tests. So you see, even if you failed the breath or field sobriety tests, all is not necessarily lost, but you must have an experienced and capable attorney representing you who knows the ins and outs of your kind of case. Here are some strong reasons for being very careful in your choice: In Georgia, even if it is your first time and you cooperate and plead guilty to a DUI, you are required to spend time in jail. Just think about how this will affect your life... what kind of hardship and embarrassment it will cause for you and your family.... what it will do for your ability to keep your job when you have to explain to your employer why you wonÕt be at work. A DUI conviction stays on your criminal history forever. A criminal record, including a DUI, will compromise your future job prospects. Even if you move out of state, your DUI conviction will follow you. If your license is revoked or suspended, your insurance rates will go through the ceiling! Now you may be starting to appreciate how serious the situation is and how important it is to get the right attorney---- and why shopping for the lowest priced attorney can be a big mistake. Just think of how much it can cost you in the long run if you lose your job, or can't get the same kind of job or one that pays as well in the future. Can you imagine how you'll feel if you have to depend on family, friends or the bus to drive you around? Plus the fact that when you do get your license back, you'll be paying through the nose for a long time just to get insurance. While no lawyer can guarantee an outcome, the lawyer you choose does make a difference to your case and your future.
3. Lail, Raymond: DUI - Driving Under the Influence In order to be convicted of DUI, it must be shown that you were driving or in actual physical control of a moving vehicle. The burden is on the State to show that the officer had a reasonable, articulable suspicion for stopping or approaching the vehicle. If you were stopped at a roadblock, the prosecutor must show that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution. These issues are somewhat complex. Lawyers who only handle the occasional DUI will not be aware of the latest cases that affect your rights. The next stop in a DUI case is the officerÕs roadside determination that there is probable cause to arrest you for DUI. The State must show that it is likely that you were a less safe driver as a result of drinking alcohol. Many cases involve the use of field sobriety tests. These tests can help an officer make up his mind about whether you should be arrested OR bolster his previously formed opinion that you are DUI. After you are arrested, the officer MUST read at the time of arrest the correct Implied Consent warnings. These warnings must be read in substantial compliance with the statute. There are three different warnings, and the officer must read the correct warning. This warning gives you the option of either taking a State test (or tests) or refusing the test. The officer chooses the test. The officer also must advise you that you have the right to an independent chemical test of your own choosing. Occasionally an officer will not read the Implied Consent warning at the time of arrest or refuses a request for an independent test. This may be grounds for the exclusion of the State test. You do not have the right to have an attorney present at this point in time. In most DUIÕs the final part of the case is the State administered test or lack of a test. If a test is given, the State must prove that the test was done properly and on a machine that was working properly. DUI/DWI cases stem from the arrest of an individual for operating a motor vehicle while having a Blood Alcohol Concentration (BAC) over the limit prescribed by law. Penalties can include fines, driver's license suspension or revocation, mandatory attendance at DUI schools, community service, probation, installation of a breath alcohol ignition interlock device, or a term of imprisonment. Additionally, individuals who refuse to submit to blood alcohol or field sobriety tests may also face criminal liability.
4. Willis, Greg: There are many consequences that go along with a DUI (driving under the influence) conviction in Georgia. You will be ordered to spend time in jail, and pay expensive fines. Your license will also be suspended. In addition to these penalties, the judge may order you to have an ignition interlock device installed in your vehicle. You will be responsible for the costs associated with the installation and maintenance of the device. The monthly rental and maintenance fees typically cost $60. An ignition interlock is a machine that tests the driverÕs breath for alcohol. It consists of a small device that is attached to the vehicleÕs dashboard. To use it, the driver blows into the handheld alcohol sensor. If the driverÕs BAC (blood alcohol content) is over a certain limit, usually from .02 percent to .04 percent, the car will not start. Ignition interlock devices that meet the National Highway Traffic and Safety AdministrationÕs standards require a rolling test in addition to the initial test. A rolling test, or running retest, is a test that is taken while the vehicle is running. This prevents the driver from having a friend blow into the device to start the car so the impaired driver can take the wheel. If the rolling test is failed, the lights will flash on and off or an alarm will sound until the vehicle is turned off. The device is equipped with safeguards to keep people from cheating the test. For example, the driver may have to hum while taking the test to prove that the breath sample is human. An ignition interlock device keeps a record of activity. This record is printed out and downloaded every time the vehicle is taken in for maintenance, often at 30, 60, or 90 days intervals. If the driver has a BAC over the legal limit, or tried to circumvent the test, this will show up on the logs and be reported to the court. If you have recently been arrested for DUI in Georgia, you need an attorney who is knowledgeable about drunk-driving defense.
5. McNally, Matthew: 1. Will I go to jail? If you are convicted of a DUI, yes. The law demands that a person who is convicted of just one DUI serve at least 24 hours in jail. For this reason alone, it is imperative that you have an attorney in your corner that specializes in DUI. 2. Will I be allowed to drive a car? Every DUI conviction will result in a license suspension. However, depending on your circumstances, you might be able to obtain a temporary and limited permit. You need to act fast, you have 10 days from the day of your arrest to apply for a limited driving permit; or else your driving privileges will be suspended. The 10 day letter begins a very important Administrative License Suspension Action that takes place before an Office of State Administrative Hearings. 3. How do I get my regular license back? You need to have your license reinstated by the Georgia Department of DriverÕs Services. This usually occurs when your suspension period has expired and you have completed a driverÕs risk reduction course and paid a reinstatement fee of $210.00. 4. How will a DUI affect my insurance? A DUI conviction will never help your automobile premiums, and now, more than ever, a conviction will impact your health insurance premiums. The possible increase in your auto insurance alone makes hiring an attorney cost effective. If your insurance plan includes family members, be prepared to take a big hit.
6. Muhammad Law Firm: If you face a DUI or DWI charge and do not request a hearing within 10 days of the arrest, you risk automatic suspension or revocation of your driver's license. In addition, you may face imprisonment and the loss of your vehicle.
7. Yeargan & Yarbrough: Driving Under the Influence (DUI) is the Number One crime in the United States. For many people, a DUI arrest is their first exposure to the legal system. Being charged with a DUI is a harrowing and anxious time for anyone. A DUI is a misdemeanor, but the financial, emotional, and social implications can be overwhelming. The thought of having to go to court and answer these charges alone is a terrifying thought. You’re not alone.
8. Maragahan, Villines and Honis: A DUI conviction stays on your driving record forever. In Georgia, a DUI does not come off after five years. That's why you should think twice before pleading guilty to a DUI charge, and why you need to find a DUI Lawyer with a proven record of defeating DUI charges in Georgia and metro Atlanta! THE MOST FREQUENTLY ASKED QUESTIONS ABOUT DUI WHAT ARE THE LEGAL LIMITS OF ALCOHOL IN GEORGIA? * A reading of 0.08 within 3 hours of driving is considered DUI if you are 21 or over. * A reading of 0.02 within 3 hours of driving is considered DUI if you are under 21. * A reading of 0.04 within 3 hours of driving is considered DUI if you are in a commercial vehicle. * The "less safe" provision of Georgia DUI statutes says that the State must prove alcohol and/or other intoxicants caused the driver to be less safe. Being at/over the the limit of 0.08 raises the presumption of intoxication. WHAT IF I HAVE A COMMERCIAL DRIVER'S LICENSE? (A CDL) * If you have a CDL, tested at 0.04 or above and were in a commercial vehicle, you are subject to the 10 Day Rule and must file an appeal to request a special hearing within 10 days to contest the suspension of your driver's license. * If you have a CDL, tested at 0.04 or above, and were driving a commercial vehicle, or tested at 0.08 or above and were driving a private vehicle, or refused to take the test, your CDL was probably suspended at the time of your arrest. This is because Federal Regulations require you to have your CDL physically with you when driving a commercial vehicle. If your CDL was taken by the law enforcement officer you may not drive a commercial vehicle until your CDL is in your possession. You may still be able to drive your personal vehicle, but should contact MVH Lawyers so we can ascertain the details of your suspension. WHAT IS THE 10 DAY RULE? * The 10 Day Rule states that you must file an appeal to request a special hearing in front of the an Administrative Law Judge within 10 business days of your arrest in order to contest the suspension of your driver's license. * This hearing is separate from and different than your criminal case, and you probably were not told about it during your arrest. This is often a point of confusion. DON'T LOSE YOUR LICENSE! Contact MVH Lawyers immediately so we can request this hearing on your behalf. * Are you required to file for this hearing? Click here to see. * If you fall under the jurisdiction of the 10 Day Rule, we need to take immediate action. Click here for contact information. We will file for this hearing immediately and do everything in our power to ensure that you retain your license. We will need you to fax your suspension notice, sometimes refered to by law enforcement as your "temporary driving permit." The lower left hand corner should say DMVS Form 1205. WHAT ARE THE PENALTIES FOR DUI IN GEORGIA? * DUI is one of the toughest convictions in Georgia. Judges do not go easy on guilty verdicts. The punishment can be extreme and usually includes suspension of license, jail time, probation, community service, driving school, and treatment. Additionally, there is a permanent scar on your record that will raise your insurance rates, and will make it difficult to get a license, rent a car, and obtain jobs with certain employers. * To mitigate or altogether circumvent these multiple undesirable outcomes, contact MVH Lawyers. Our attorneys possess the knowledge and expertise to keep this from happening to you. SENTENCING REQUIREMENTS FOR DUI Statute in effect as of July 1, 2001 1st DUI CONVICTION IN 5 YEARS No 1st offender treatment * Jail Time - MUST SERVE 24 HOURS 10-day minimum/12-month maximum * Fine - $300 minimum/$1,000 maximum * Community Service - not less than 40 hours * Risk Reduction/DUI School * License suspended for 12 months, limited driving permit allowed * Probation - 12 months' reporting, regardless of paying fine early # 2nd DUI CONVICTION IN 5 YEARS * Jail Time- MUST SERVE 72 HOURS 90-day minimum/12-month maximum * Fine - $600 minimum/$1,000 maximum * Community Service - not less than 240 hours * Risk Reduction/DUI School * Mandatory Alcohol Evaluation and/or treatment * License suspended for 3 years; no permit for 12 months; 6 month permit follows. * Probation - 12 months' reporting, regardless of paying fine early * Picture in Paper - photograph of Defendant must be published in newspaper * Ignition Interlock Device mandatory on all cars you own or operate for 6 more months after first 12 months with no permit; may obtain limited driving permit for 6 months. # 3rd DUI CONVICTION IN 5 YEARS * Jail Time - MUST SERVE 15 DAYS 120-day minimum/12-month maximum * Fine - $1000 Minimum/$5,000 Maximum - Court may suspend fine if Defendant ordered into treatment program * Community Service - not less than 240 hours * Risk Reduction/DUI School * Mandatory Alcohol Evaluation and/or treatment * License revoked for 5 years as Habitual Violator * Probation - 12 months' reporting, regardless of paying fine early * Picture in Paper - photograph of Defendant must be published in newspaper * Habitual violators lose license for 5 years. Probationary license available after 24 months. # Defendant <21: * DriverÕs license suspended. 1st violation - 6 months; 2nd violation - 1 year If BAC> 0.08, then license suspended 1 year for 1st violation * Defendant may be segregated from general population and serve weekends for 1st conviction * Subsequent convictions cannot be segregated or weekends ¤ 17-10-3.1 # Child Endangerment: # If Defendant had child < 14 in car, then sentenced according to ¤16-12-1; # $1,000 fine and up to 12 months. * License Plate: ¤ 40-2-136 * If Defendant is a Habitual Violator, then Defendant must surrender the license plate of the vehicle he was driving, and if it was not his, the license plate of any vehicle he owns * The COURT must: * 1) Notify the Department of Public Safety within 10 days * 2) Give the Defendant a receipt * 3) Forward the tag to the local tag agent WHAT IF I AM UNDER 21? * A blood alcohol level of just 0.02 within three hours of driving is sufficient for a DUI conviction * Your license is SUSPENDED; therefore it is necessary to go through the ENTIRE PROCESS of obtaining a license again * If your blood alcohol level is less than 0.08, then your revocation is for 6 months * If your blood alcohol level is greater than 0.08, then your revocation is for 1 year
9. Belli, Weil, Grozbean & Davis: WHO CAN ARREST ME? All law enforcement officers - such as police officers, county sheriff officers, investigators in a district attorney's or an attorney general's offices and highway patrol officers - can arrest you whether they are on or off duty, in most cases. A probation or parole officer also can arrest you. They can arrest you - even if they do not have an arrest warrant - if they have probable cause or good reason to believe you committed a felony, such as armed robbery. (A felony is a crime of a more serious nature than a misdemeanor, usually punishable by imprisonment for more than a year.) They do not have to see you commit a felony in order to arrest you. They do, however, have to see you commit a misdemeanor in order to arrest you. If you commit an infraction, instead of taking you into custody, they may ask to sign a citation or notice. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody. 1. WHAT RIGHTS DO I HAVE? Answer: Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions you, he or she should tell you that: You have the right to remain silent. Anything you say may be used against you. You have a right to have a lawyer present while you are questioned. If you cannot afford a lawyer, one will be appointed for you. These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police. 2. ONCE I AM TOLD MY RIGHTS, CAN I BE QUESTIONED? Answer: You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, questioning must stop as soon as you say that you want a lawyer. If the questioning continues after you request a lawyer and you continue to talk, your answers can be used against you if you testify to something different. You may be required to give certain physical evidence. For example, if you are suspected of driving under the influence of alcohol you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver's license will be suspended and the refusal will be used against you in court. Once you are booked, meaning your arrest is written into official police records and you are fingerprinted and photographed, you have a right to make and complete three telephone calls that are free within the local dialing area. 3. WHEN SHOULD I SEE A LAWYER? Answer: If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer also can advise you or your family or friends on the bail process. There is no substitute for a good Georgia criminal defense lawyer. 4. WHO CAN ARREST ME? Answer: All law enforcement officers - such as police officers, county sheriff officers, investigators in a district attorney's or an attorney general's offices and highway patrol officers - can arrest you whether they are on or off duty, in most cases. A probation or parole officer also can arrest you. They can arrest you - even if they do not have an arrest warrant - if they have probable cause or good reason to believe you committed a felony, such as armed robbery. (A felony is a crime of a more serious nature than a misdemeanor, usually punishable by imprisonment for more than a year.) They do not have to see you commit a felony in order to arrest you. They do, however, have to see you commit a misdemeanor in order to arrest you. If you commit an infraction, instead of taking you into custody, they may ask to sign a citation or notice. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody. 5. CAN SOMEONE OTHER THAN A POLICE OFFICER ARREST ME? Answer: Any person, such as a private security guard, can make a citizen's arrest if they see a misdemeanor being attempted or committed. (A misdemeanor is a criminal offense, usually punishable with a fine or short jail term.) They also can make a legal arrest for a felony as long as it actually was committed and they have good reason to believe you did it. They must take you to a police officer or judge who is required by law to take you into custody. 6. WHEN IS AN ARREST WARRANT USED? Answer: Usually a warrant is required before you can be taken into custody in your home. But you can be arrested at home without a warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone's life or seriously damaging property. The warrant must be signed by a magistrate or judge, who must have good reason to believe that you, whom the warrant names, committed a crime. If your name is unknown, "John Doe" can be used on the warrant - along with your description. Once an arrest warrant is issued, any law enforcement officer in the state can arrest you - even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest. Before entering your home, a law enforcement officer must knock and identify himself or herself and tell you that you are going to be arrested. If you refuse to open the door - or if there is another good reason - the officer can break in through a door or window. If the police have an arrest warrant, you should be allowed to see it. If they don't have the warrant with them, you should be allowed to see it as soon as practical. The police may search the area within your reach. If you are arrested outdoors, they may not search your home or car. Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape. The officer can even use deadly force if it appears you will use force to cause great bodily injury. 7. WHEN CAN I BE RELEASED? Answer: If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release. Your arrest then will be considered a detention and not recorded as an arrest. 8. WHAT IS BAIL AND HOW IS IT SET? Answer: The amount of bail - money or other security deposited with the court to insure that you will appear - is set by a schedule in each county. You may be notified that you can forfeit or give up bail instead of appearing in court if you receive a traffic citation. However, if you have any doubt, go to court so a warrant is not issued for your arrest for failing to appear. Bail forfeiture does not apply to misdemeanors or felonies. Forfeiting bail does not mean that the charges are dropped and usually works as a conviction for a traffic offense. A Magistrate at the jail will usually set bail or you maybe held for a Judge to set bail. If you cannot post or put up the bail, you will be kept in custody. Depending on where you are arrested, you may have the opportunity to request a bail reduction from a Judge. When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense you are charged with, any prior failures to appear (even for traffic tickets), any previous record, your connections to the community, as well as the probability that you will appear in court. The amount of bail is set according to a written schedule based on your charges. The law presumes you are guilty of the charges for purposes of setting bail or release. Instead of paying bail, you might be released on your own recognizance or "O.R." (or supervised O.R.). This means that you do not have to pay bail because the judge believes that you will show up for court appearances without bail. 9. WHO MAINTAINS ARREST RECORDS AND WHAT DO THEY INCLUDE? Answer: Local police departments and the Judiciary keep arrest records. Your past criminal record maybe in a national data bank. The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges, and the subsequent sentence imposed. Both pleading guilty and being found guilty after a trial count as convictions. If you are convicted of committing a misdemeanor, placed on probation and stay out of trouble, you are able to have the conviction removed from your record for such purposes as employment background checks. This is often called "probation before verdict". 10. WHAT HAPPENS AT AN ARRAIGNMENT? Answer: You have a right to be arraigned without unnecessary delay - usually within a short period of time- after being arrested. You will appear before a judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on P.R., even if bail was previously set. If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest to the charges. Legally this is the same as a guilty plea, but it cannot be used against you in a non-criminal case, unless the charge can be punished as a felony. Before pleading guilty to some first-time offenses, such as drug use or possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling. If misdemeanor charges are not dropped, a trial will be held later in municipal court. If you are charged with a felony, however, and the charges are not dropped, the next step is a preliminary hearing. 11. WHAT HAPPENS AT A PRELIMINARY HEARING? Answer: During the preliminary inquiry or hearing, usually within a short period after arrest, the States Attorney's office must present evidence showing a reasonable suspicion that a felony was committed and that you did it to convince the judge that you should be brought to trial. In lesser offenses in the District Court of Georgia the preliminary inquiry is only to find out if you have an attorney and understand the charge. This hearing is often waived if your attorney enters his appearance in your case. If you are charged with a crime and unable to understand English, you have a right to an interpreter throughout the proceedings. When you have been charged in Georgia with a drunk driving dwi or other criminal matter you need an experienced criminal defense lawyer.