Faq

Frequently Asked Questions

Have Any Questions?

Find answers to common legal questions about criminal defense, DUI, and traffic tickets. Learn what to expect and how KDS Legal can help protect your rights.

Remain calm and avoid discussing the details of your case with friends, family members, witnesses, or on social media. Keep all citations, bond paperwork, notices, and other documents you receive. Follow any conditions of your release and do not miss a scheduled court date. Contacting a criminal defense attorney early can provide more time to review the allegations, preserve evidence, and prepare your defense.

It is generally best to contact an attorney as soon as possible. Criminal cases may involve upcoming court dates, evidence that should be preserved, and deadlines that can affect your rights. Georgia court guidance also emphasizes that defendants should have access to counsel with enough time to investigate and provide advice before important stages such as arraignment and trial.

A first offense can still carry significant consequences, including fines, probation, possible jail time, license consequences, employment concerns, and a criminal record. The potential outcome depends on the specific charge and circumstances. An attorney can review the evidence, explain the possible consequences, and help you understand your options.

Under Georgia law, a felony is generally a crime punishable by death, life imprisonment, or more than 12 months of imprisonment. A misdemeanor is a crime that is not classified as a felony. Most misdemeanors can carry up to 12 months in jail and a fine of up to $1,000, although some offenses have different or additional penalties.

An arraignment is a stage of the criminal process where the court formally addresses the charge and receives the defendant’s plea. When a not-guilty plea is entered, the case may then be scheduled for future proceedings or trial. The exact process can vary depending on the court and county handling the case.

Yes. Georgia recognizes a “DUI less safe” charge, which does not require proof that the driver’s alcohol concentration was 0.08 or higher. The state may instead allege that alcohol affected the person to the extent that it was less safe for them to drive.

Yes. A person may face a DUI charge involving prescription medication, marijuana, another drug, or a combination of substances. Having a valid prescription does not automatically prevent a charge if the state alleges that the medication made the person incapable of driving safely.

A Georgia DUI arrest may create two separate matters: the criminal case in court and an administrative driver’s-license matter through the Georgia Department of Driver Services.

An Administrative License Suspension may be initiated when a driver refuses a state-administered test or when testing produces a qualifying result. A request for an ALS hearing generally must be received or postmarked within 30 calendar days after the suspension notice is issued or served. Because missing the appeal period may waive the right to challenge the suspension, the paperwork should be reviewed immediately.

Possibly, but every case is different. The outcome may depend on the legality of the stop, arrest, search, witness statements, video footage, testing procedures, and other evidence. Some cases are resolved through dismissal, reduction, negotiation, or another pretrial outcome, while others proceed to trial. No particular result can be guaranteed without reviewing the individual facts.

The Law Office of Danielle Sewell represents individuals facing DUI and criminal charges in Coweta County, Carroll County, and Heard County, Georgia. Because procedures and scheduling can differ between courts, working with an attorney familiar with the local court system can be helpful.

These FAQs are provided for general informational purposes only and do not constitute legal advice. Reading this information does not create an attorney-client relationship. Every case is different, and past results do not guarantee future outcomes.

I would still have Danielle personally approve the final wording before publishing, especially FAQ 8, since DUI and license procedures can change.

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