I Just Got Arrested for DUI in Gwinnett County, Georgia: What Do I Do First?

If you have just been arrested for DUI in Gwinnett County, you are probably sitting there thinking some version of:

“What the hell do I do now?”

That is understandable.

Maybe you are home after being released from jail. Maybe your car is impounded. Maybe you have a stack of paperwork sitting on the kitchen counter. Maybe your driver's license was taken. Maybe the officer told you something about implied consent, a temporary driving permit, or your license being suspended.

And perhaps you have already made the classic mistake of searching Google at 2:00 in the morning and reading ten different websites that all seem to say something different.

Take a breath.

A DUI arrest is serious. But an arrest is not a conviction. You have not been sentenced merely because an officer arrested you. The State still has to prove its case, and a DUI case can involve a surprising number of separate legal and factual issues.

More importantly, what you do immediately after a DUI arrest can affect what happens later.

That is where The Sherman Law Group comes in.

The Sherman Law Group represents people facing criminal charges and DUI-related matters in Georgia, including cases involving driver's-license issues, chemical testing, traffic stops, field sobriety testing, and the criminal prosecution itself.

This article is designed for the person who is thinking:

“I was just arrested for DUI in Gwinnett County. Tell me what I should do first.”

So let's do exactly that.

The First 10 Things to Do After a Gwinnett County DUI Arrest

If you remember nothing else from this article, remember these ten points:

1. Do not drive if you are not legally permitted to drive.
2. Do not discuss the facts of your case with anyone except your lawyer.
3. Do not post about the arrest on social media.
4. Preserve every piece of paperwork you received.
5. Find out exactly what happened with your driver's license and implied-consent testing.
6. Write down everything you remember about the stop and arrest while your memory is fresh.
7. Preserve evidence—texts, photographs, videos, receipts, GPS information, and surveillance possibilities.
8. Do not assume that a breath, blood, or urine test automatically proves the State's case.
9. Do not simply plead guilty because you are embarrassed or frightened.
10. Speak with a Georgia DUI defense lawyer promptly.

The first few days are not the time to panic.

They are the time to get organized.

1. First: Do Not Drive Until You Know You Are Legally Allowed To

This sounds obvious.

It isn't.

After an arrest, people often assume:

“They gave me a temporary paper, so I'm good.”

Or:

“I still have my physical license, so I can drive.”

Or:

“My license hasn't been suspended yet, so I'm fine.”

Those assumptions can get you into another problem.

Georgia has separate consequences arising from the criminal DUI case and from the driver's-license/administrative process. An Administrative License Suspension, commonly called an ALS, can arise following a DUI arrest involving a qualifying test result or refusal of the state-administered chemical test.

Your paperwork matters.

Keep it.

Do not throw away the citation.

Do not throw away the temporary driving permit.

Do not throw away anything the officer gave you.

Take photographs of everything.

Then have a lawyer review it.

2. Understand the Two Problems You May Be Facing

One of the biggest mistakes people make after a DUI arrest is thinking there is only one case.

There may actually be two separate legal tracks.

Track One: The Criminal DUI Case

This is the prosecution.

The State may accuse you of violating Georgia's DUI statute, O.C.G.A. § 40-6-391.

Depending upon the facts, the allegations may involve:

• DUI alcohol;
• DUI drugs;
• DUI less safe;
• DUI per se;
• reckless driving;
• failure to maintain lane;
• speeding;
• following too closely;
• open container;
• obstruction;
• possession of drugs;
• possession of drug paraphernalia;
• or other traffic or criminal charges.

Track Two: Your Driver's License

The Georgia Department of Driver Services has its own administrative process.

That process can involve an Administrative License Suspension, or ALS.

And here's the important part:

The driver's-license issue does not simply wait around for the criminal case to finish.

Georgia law provides a specific administrative process for certain DUI-related suspensions. Under O.C.G.A. § 40-5-67.1, a qualifying suspension can result after a qualifying test result or refusal of the state-administered chemical test. The statute provides a right to request an administrative hearing within 30 days of the applicable personal or certified/overnight notice, together with the required filing fee.

That deadline deserves enormous respect.

Why?

Because missing a license deadline can create a problem that might have been avoidable.

This is one reason “I'll deal with it later” is a terrible DUI strategy.

3. Georgia's Implied Consent Law Is Extremely Important

If you were arrested for DUI in Georgia, you may have heard the officer say something about implied consent.

This is one of the areas where people commonly get confused.

Georgia law provides that the State may require a person arrested for DUI, under circumstances specified by statute, to submit to a state-administered chemical test. The statute establishes different implied-consent notices for different categories of drivers, including drivers age 21 and older, drivers under 21, and commercial motor vehicle operators.

For an adult driver, the statutory warning states that refusal can result in a license suspension of at least one year, while a qualifying test result can also trigger administrative consequences.

This is why the question:

“Did you take the test?”

is not enough.

A lawyer needs to know:

• What test?
• Which test?
• When was it requested?
• When was it administered?
• What did the officer say?
• What implied-consent notice was given?
• Was the notice read correctly?
• Did you agree?
• Did you refuse?
• Did you change your mind?
• Was blood drawn?
• Was urine collected?
• Was breath testing performed?
• Was there a warrant?
• Was there an independent test?
• What exactly does the paperwork say?

The details matter.

4. Do Not Assume That Refusing a Test Automatically Ends the DUI Case

People sometimes say:

“I refused the breath test, so they don't have a case.”

No.

And people sometimes say:

“I took the test, so I'm automatically guilty.”

Also no.

Neither statement is a sound legal conclusion.

A DUI case is a collection of evidence.

The State may have:

• the officer's observations;
• the traffic stop;
• body-camera footage;
• dash-camera footage;
• field sobriety tests;
• statements;
• admissions;
• breath testing;
• blood testing;
• urine testing;
• toxicology;
• photographs;
• accident evidence;
• witness statements;
• driving behavior;
• video from businesses;
• 911 calls;
• and other evidence.

The defense has to examine the entire picture.

5. Write Down Everything You Remember—Now

This is one of the most useful things you can do after a DUI arrest.

Take a piece of paper—or a private document—and write down what happened.

Don't try to make yourself look good.

Don't write what you wish happened.

Write what you remember.

Start with:

Where were you?

For example:

• Lawrenceville;
• Duluth;
• Suwanee;
• Buford;
• Norcross;
• Peachtree Corners;
• Sugar Hill;
• Snellville;
• Lilburn;
• or another Gwinnett County location.

Then write:

Where were you coming from?

Where were you going?

What time was it?

Who was with you?

What did you eat?

What did you drink?

When did you last consume alcohol?

How much did you consume?

Were you taking prescription medication?

Were you taking over-the-counter medication?

Did you use any other substance?

How much sleep did you get?

Were you sick?

Were you tired?

Did you have a medical condition that affected the encounter?

Then reconstruct the driving.

• Where did you enter the roadway?
• What road were you on?
• Did you change lanes?
• Were there traffic lights?
• Was traffic heavy?
• Was it raining?
• Was the road poorly marked?
• Did another vehicle cut you off?
• Did you have any mechanical problem?
• Did the officer say why you were stopped?

Write it all down.

6. Write Down Exactly What the Officer Did

Memory fades.

That's just human nature.

The officer may remember the encounter later by relying upon reports, recordings, and notes.

You should create your own contemporaneous record.

Write down:

• where the officer approached your vehicle;
• what the officer said;
• what you said;
• whether the officer asked where you were coming from;
• whether the officer asked whether you had been drinking;
• whether the officer asked how much you had consumed;
• whether you were asked to perform field sobriety tests;
• what instructions you were given;
• whether the officer demonstrated anything;
• where you performed the tests;
• whether the surface was level;
• whether you were wearing appropriate footwear;
• weather conditions;
• lighting;
• traffic;
• nearby vehicles;
• police lights;
• sirens;
• whether you were nervous;
• whether you were handcuffed;
• whether you were placed in a patrol car;
• whether you were searched;
• whether you were transported;
• and what happened at the jail.

Do not embellish.

Do not minimize.

Just document.

7. Preserve Your Phone

Your phone can contain evidence.

Do not delete anything.

Do not reset your phone.

Do not start deleting text messages.

Do not erase photographs.

Do not destroy location information.

Do not delete social-media posts in a frantic attempt to clean up your digital life.

Talk to your attorney about preservation.

Depending upon the circumstances, potentially relevant evidence could include:

• text messages;
• photographs;
• videos;
• call logs;
• location information;
• rideshare records;
• restaurant receipts;
• credit-card transactions;
• GPS data;
• photographs of road conditions;
• and communications with witnesses.

That does not mean your lawyer automatically needs everything on your phone.

It means:

Don't destroy potential evidence.

8. Find Out Where Your Car Is

This is a surprisingly practical problem.

Your vehicle may have been:

• impounded;
• towed;
• released to another driver;
• taken to a private storage lot;
• or otherwise removed from the scene.

Find out:

1. Who has the vehicle?
2. Where is it?
3. How much are storage fees?
4. What documents are required to retrieve it?
5. Is there evidence in the vehicle?
6. Are there photographs or surveillance possibilities surrounding the vehicle?
7. Was an inventory search conducted?

Do not leave your vehicle sitting at an impound lot indefinitely if storage fees are accumulating.

But before retrieving or moving anything that could potentially matter to the case, speak with your lawyer about evidence preservation.

9. Do Not Give the Internet a Play-by-Play

This is 2026.

Everybody has a camera.

Everybody has social media.

Everybody has opinions.

And screenshots have a funny way of living forever.

Don't post:

“I got a DUI but the cop was totally wrong.”

Don't post:

“I only had two drinks.”

Don't post:

“My BAC was .09.”

Don't post:

“I'm going to beat this thing.”

Don't post a photograph of the night.

Don't post a photograph of your drinks.

Don't identify the officer.

Don't argue with people in the comments.

And don't send your friends a detailed explanation of everything that happened.

Your lawyer needs facts.

The internet doesn't need them.

10. Do Not Call the Police to “Explain”

This is another common mistake.

A person gets home and thinks:

“The officer misunderstood me. I'll just call and straighten it out.”

No.

That's not how you want to handle a criminal case.

If you believe the police report contains an error, tell your lawyer.

If the officer misunderstood something, tell your lawyer.

If there is evidence that contradicts the report, tell your lawyer.

Your lawyer can evaluate how to address it.

You do not need to personally conduct the defense investigation.

Gwinnett County DUI Arrests: Why Location Matters

“Georgia DUI” is a broad term.

A DUI arrest in Gwinnett County can involve different law-enforcement agencies and different courts depending upon where the alleged offense occurred and which agency made the arrest.

You might be dealing with:

• Gwinnett County Police;
• a municipal police department;
• the Georgia State Patrol;
• another law-enforcement agency;
• a city court;
• Gwinnett County State Court;
• or, depending on the charges and circumstances, another court.

That means a lawyer needs to know more than:

“I got a DUI in Gwinnett.”

The actual location and charging documents matter.

Was it:

• Lawrenceville?
• Duluth?
• Suwanee?
• Buford?
• Norcross?
• Peachtree Corners?
• Sugar Hill?
• Snellville?
• Lilburn?
• unincorporated Gwinnett County?

The answer can help determine which court and governmental entities are involved.

What Happens to My License After a Gwinnett DUI Arrest?

This is one of the first questions almost every DUI client asks.

And the honest answer is:

It depends upon what happened during the arrest.

Georgia's DUI license laws are not one-size-fits-all.

Important variables include:

• your age;
• Georgia residency;
• whether you have a Georgia driver's license;
• whether you hold a CDL;
• whether there is a prior DUI history;
• whether there was a qualifying chemical-test result;
• whether there was an alleged refusal;
• whether there was an accident;
• whether anyone was injured;
• and what ultimately happens in the criminal case.

For a first DUI within the relevant period, DDS currently explains that a DUI suspension can be 12 months, with possible reinstatement after 120 days if the applicable requirements are satisfied. DDS also states that a limited driving permit may potentially be available depending upon the circumstances.

But don't make the mistake of looking at a generic DDS chart and deciding what happens to your license.

Your paperwork and history need to be examined.

The 30-Day ALS Deadline Can Be Critical

Let's slow down here.

This is one of the most important practical points in this entire article.

Under O.C.G.A. § 40-5-67.1, a person whose license is subject to the specified administrative suspension process has 30 days from the applicable personal notice or qualifying receipt of notice to request an administrative hearing and pay the required filing fee, or the right to that hearing can be waived.

DDS likewise explains that an ALS hearing request must be submitted within the required appeal period and warns that failure to submit it properly and timely can result in loss of the right to appeal.

This is not the same thing as the DUI criminal case.

That's the distinction people miss.

You can have:

DUI criminal case

and

license/ALS matter

moving on separate tracks.

That is why someone arrested on Saturday night shouldn't necessarily wait until the next court date to talk to a lawyer.

What If I Was Given a 45-Day Temporary Driving Permit?

Georgia law provides that, in the circumstances covered by O.C.G.A. § 40-5-67.1, the officer may take possession of the driver's license and issue a 45-day temporary driving permit.

That piece of paper is important.

Put it somewhere safe.

Photograph it.

Send a copy to your attorney.

And understand what it means in your particular case.

Do not assume that because you can drive today, you can drive indefinitely.

What If I Refused the State-Administered Test?

This is a major issue.

Georgia's implied-consent law provides that refusal can lead to a one-year suspension in the circumstances covered by the statute. The statute also states that a refusal to submit to a blood or urine test may be offered as evidence at trial.

But a refusal issue should not be analyzed by simply asking:

“Did you refuse?”

A lawyer should investigate how the refusal occurred.

For example:

• What test was requested?
• What exactly did the officer say?
• What exactly did you say?
• Was the implied-consent notice properly given?
• Was the request made after arrest?
• Was the appropriate notice used?
• Did you initially agree?
• Did you later withdraw consent?
• Was there a warrant?
• Was a blood draw ultimately performed?
• Was the alleged refusal accurately documented?

The details can matter enormously.

What If I Took the Breath Test?

Don't panic.

And don't assume that a number on a piece of paper ends the analysis.

Your lawyer may need to examine:

• the machine used;
• calibration;
• maintenance;
• operator qualifications;
• testing procedure;
• timing;
• observation period;
• environmental conditions;
• the chain of evidence;
• the admissibility of the result;
• other chemical testing;
• and the relationship between the chemical evidence and the rest of the case.

A BAC number is evidence.

It is not a magical judicial decree.

What If They Took My Blood?

Blood cases can be scientifically and legally complicated.

The investigation may involve:

• the warrant or consent;
• probable cause;
• collection procedures;
• the person who drew the blood;
• the collection kit;
• preservatives;
• labeling;
• chain of custody;
• laboratory procedures;
• testing methodology;
• quality controls;
• analyst qualifications;
• reporting;
• and interpretation.

A blood result deserves scrutiny just like every other piece of evidence.

What If They Took a Urine Sample?

The same basic principle applies.

Urine testing can raise questions concerning:

• what was tested;
• how it was collected;
• how it was preserved;
• chain of custody;
• laboratory methodology;
• metabolite evidence;
• timing;
• medical issues;
• prescription medications;
• and whether the result actually establishes impairment at the time of driving.

This is particularly important in alleged DUI-drug cases.

“But I Wasn't Drunk.”

That may be important.

But understand what the State may actually be alleging.

Georgia DUI law can involve more than simply proving:

“The driver had a BAC over .08.”

A prosecution may involve allegations that the defendant was less safe to drive because of alcohol, drugs, or a combination of substances.

That means the defense may need to examine the alleged impairment evidence itself.

What did the officer actually observe?

What did the video show?

How did the vehicle move?

How did the driver speak?

What did the field sobriety tests show?

What were the environmental conditions?

What medical explanations might exist?

What did the chemical testing show?

Was the testing reliable?

Was the officer's interpretation reasonable?

These are questions for a defense lawyer.

Field Sobriety Tests: Don't Assume They Are Perfect

Many DUI arrests involve standardized field sobriety tests.

You may have been asked to perform:

• the horizontal gaze nystagmus test;
• the walk-and-turn;
• the one-leg stand;
• or other roadside exercises.

You may think:

“I messed up the tests, so I'm cooked.”

Not necessarily.

Field sobriety testing is an evidence-gathering process.

A defense lawyer can examine:

• whether the instructions were correct;
• whether the officer demonstrated the test;
• whether the surface was appropriate;
• whether the environment was safe;
• whether lighting affected the test;
• whether traffic affected the test;
• whether footwear mattered;
• whether the person's physical condition mattered;
• whether balance problems existed;
• whether the person was nervous;
• whether the officer correctly interpreted the test;
• and, critically, what the actual video shows.

Sometimes the written report sounds terrible.

Then the video tells a more complicated story.

That's why evidence matters.

Ask Your Lawyer About Body-Camera and Dash-Camera Video

This can be enormously important.

Police vehicles and officers may have recordings.

There may also be:

• jail video;
• booking video;
• surveillance video;
• business security footage;
• traffic cameras;
• private doorbell cameras;
• witness cellphone recordings;
• or other recordings.

Video can preserve facts that human memory cannot.

It may show:

• your speech;
• your balance;
• your behavior;
• the field sobriety testing;
• the officer's instructions;
• the officer's demeanor;
• traffic conditions;
• lighting;
• road conditions;
• and what actually happened before, during, and after the arrest.

Your lawyer should consider what evidence needs to be obtained and preserved.

Don't Forget the Hours Before the Arrest

This is an area people sometimes overlook.

Suppose you were at a restaurant.

There may be:

• a receipt;
• credit-card records;
• a server;
• surveillance video;
• photographs;
• timestamps;
• text messages;
• or other evidence.

Suppose you were at a friend's home.

There may be:

• witnesses;
• photographs;
• texts;
• video;
• or other evidence.

Suppose you stopped somewhere shortly before the traffic stop.

Again:

evidence may exist.

Don't assume that the only evidence in a DUI case is the police report.

What If I Had Only One or Two Drinks?

Tell your lawyer the truth.

Exactly what you drank.

How much.

When.

Where.

And whether you consumed anything else.

Don't exaggerate.

Don't minimize.

Don't tell your lawyer what you think sounds good.

Your lawyer cannot properly defend a case based upon fiction.

A good defense attorney would rather hear an uncomfortable fact privately from the client than discover it for the first time when the prosecutor produces evidence in court.

What If I Took Prescription Medication?

Tell your lawyer.

Again, honesty matters.

Some DUI cases involve allegations concerning:

• prescription medication;
• controlled substances;
• over-the-counter medication;
• marijuana;
• or combinations of substances.

The lawyer needs to know what was taken, when it was taken, and why.

Bring medication bottles, prescription information, pharmacy records, or other relevant documentation if your lawyer requests it.

What If I Have a Medical Condition?

Tell your attorney.

Some physical conditions can potentially affect:

• balance;
• speech;
• eye movements;
• coordination;
• walking;
• fatigue;
• or other observations.

The point is not to invent an excuse.

The point is to understand whether there are legitimate alternative explanations for observations the State intends to use.

What If This Is My First DUI?

Do not make the mistake of thinking:

“It's my first DUI, so I'll just plead guilty.”

A first DUI can still have significant consequences.

Potential consequences can include:

• probation;
• fines;
• community service;
• DUI Risk Reduction School;
• license consequences;
• alcohol/drug evaluation;
• treatment conditions;
• ignition-interlock issues in some circumstances;
• insurance consequences;
• employment problems;
• professional-license concerns;
• immigration consequences for some noncitizens;
• and a permanent criminal-record problem.

And the consequences can become much more serious when aggravating facts exist.

First DUI does not mean no big deal.

What If I Have a Prior DUI?

Then the situation may be substantially more serious.

Your lawyer needs to know:

• dates of prior arrests;
• dates of prior convictions;
• jurisdiction;
• exact charges;
• dispositions;
• whether there were pleas;
• whether there were reductions;
• whether there were implied-consent suspensions;
• and what your current driver's-license record shows.

Don't assume you have “one DUI” because that's what you remember.

Get the records.

What If I Have a CDL?

If you hold a commercial driver's license, tell your lawyer immediately.

CDL consequences can be different from ordinary driver's-license consequences.

Georgia's implied-consent notice for commercial motor vehicle drivers specifically addresses disqualification from operating commercial motor vehicles.

A CDL holder may therefore have employment consequences that go far beyond simply:

“Can I drive my personal car?”

If your livelihood depends on driving, your attorney needs to know that from the beginning.

What If I Am Under 21?

Tell your lawyer.

Georgia has separate DUI provisions and license consequences for drivers under 21. DDS explains, for example, that a BAC of .02 or greater can trigger special consequences for drivers under 21.

Don't rely on an adult driver's DUI advice if you're 18, 19, or 20.

The law can be different.

What If There Was an Accident?

This changes the case.

Tell your lawyer:

• where the accident happened;
• whether anyone was injured;
• whether an ambulance came;
• whether anyone went to the hospital;
• whether airbags deployed;
• whether photographs were taken;
• whether insurance companies became involved;
• whether police reconstructed the crash;
• whether there were witnesses;
• and whether another driver was involved.

An ordinary DUI case and a DUI involving serious injury or death are obviously not the same legal problem.

What If the Police Found Drugs in My Car?

Tell your lawyer immediately.

Don't hide it.

Don't throw anything away.

Don't attempt to “clean up” the car after the arrest.

A DUI investigation can become substantially more complicated if officers allege:

• marijuana possession;
• prescription-drug possession;
• controlled-substance possession;
• drug paraphernalia;
• or other offenses.

The legality of the search may also become important.

Can I Just Plead Guilty at My First Court Date?

You have the right to have your case evaluated before making that decision.

Your first court appearance is not necessarily the moment when you should walk into court and say:

“Guilty.”

You need to understand:

• the exact charges;
• the evidence;
• the license consequences;
• possible defenses;
• potential negotiated resolutions;
• collateral consequences;
• and what you are giving up by entering a plea.

A lawyer can help you evaluate those issues.

What Does a Gwinnett County DUI Lawyer Actually Do?

A good DUI defense lawyer isn't simply there to stand next to you and say:

“Your Honor, my client is a good person.”

That's not enough.

A serious DUI defense requires investigation.

Your lawyer may need to examine:

The Traffic Stop

Was there a lawful basis for the stop?

What did the officer observe?

Was the stop properly conducted?

The Driving

What did the officer actually see?

Was there a legitimate explanation for the driving behavior?

The Initial Contact

What happened when the officer approached?

Field Sobriety Testing

Were the tests properly administered?

Chemical Testing

What test was performed?

How?

When?

By whom?

With what equipment?

Implied Consent

Was the appropriate notice given?

What exactly happened?

Arrest

Was the arrest legally supported?

Search and Seizure

Was the vehicle searched?

Was the search lawful?

Statements

What did the defendant say?

Were there Miranda issues?

Were statements voluntary?

Video

What does the actual video show?

Witnesses

Who saw what?

License

What happened with the ALS process?

Court

Which court has jurisdiction?

What are the next procedural steps?

That is the work.

A Simple Gwinnett County DUI Timeline

Here is the big picture.

The Biggest Mistakes People Make After a Gwinnett DUI Arrest

Mistake No. 1: Waiting

People wait because they're embarrassed.

Don't.

A DUI does not become easier to defend because you ignored it for three weeks.

Mistake No. 2: Assuming the BAC Ends the Case

It doesn't necessarily.

The chemical evidence is important, but it is one component of the case.

Mistake No. 3: Assuming Refusal Ends the Case

It doesn't.

The State may still pursue the criminal DUI case, and refusal itself can create administrative-license consequences.

Mistake No. 4: Missing the License Deadline

This can be especially painful because the administrative process has its own deadlines.

Under current Georgia law, the applicable ALS hearing request deadline is generally 30 days from the statutory triggering notice.

Mistake No. 5: Talking Too Much

Don't explain your case to:

• friends;
• coworkers;
• neighbors;
• social-media followers;
• insurance investigators;
• or anybody else who doesn't need to know.

Tell your lawyer.

Mistake No. 6: Deleting Evidence

Don't.

Mistake No. 7: Ignoring the Court Date

This one can create a completely new problem.

A DUI citation or court paperwork may contain important information.

Put the court date in multiple calendars.

What Should I Bring to My DUI Lawyer?

Bring as much relevant information as you can locate.

Bring:

• DUI citation;
• arrest paperwork;
• temporary driving permit;
• driver's-license information;
• bond paperwork;
• towing/impound paperwork;
• receipts;
• photographs;
• relevant texts;
• insurance information;
• medical information relevant to the arrest;
• medication information;
• names of witnesses;
• prior DUI records if available;
• and anything else you believe may matter.

Don't worry about organizing it perfectly.

Your lawyer can help with that.

A Practical “First 24 Hours” Checklist

If you were arrested last night, here's a simple checklist.

Tonight

1. Do not drive unless you know you are legally permitted to drive.

2. Put all arrest paperwork in one folder.

3. Photograph the paperwork.

4. Write down everything you remember.

5. Write down the names of anyone who witnessed relevant events.

6. Preserve your phone and potential evidence.

7. Do not post about the arrest.

8. Do not discuss the facts publicly.

9. Identify where your vehicle is.

10. Contact a DUI defense lawyer.

Tomorrow

Your lawyer can begin determining:

• what court is involved;
• what charges were filed;
• whether an ALS issue exists;
• whether a hearing deadline is approaching;
• what evidence should be preserved;
• what records need to be obtained;
• and what defense strategy makes sense.

What Not to Say to Your Friends After a DUI Arrest

This may sound almost comical, but it happens constantly.

Don't send a group text saying:

“Guys, I got arrested. I blew a .11 but the machine was wrong.”

Don't send:

“The cop said he smelled alcohol.”

Don't send:

“I told him I only had two drinks.”

Don't send:

“My lawyer says we're going to beat it.”

You don't know who might eventually see those messages.

Talk to your lawyer.

What You Should Tell Your Lawyer

Ironically, the rule is the opposite with your lawyer.

Tell your lawyer everything.

If you had six drinks, say six.

If you had one drink, say one.

If you smoked marijuana, say so.

If you took medication, say so.

If you vomited, say so.

If you were exhausted, say so.

If you have a medical condition, say so.

If you previously had a DUI, say so.

If you refused the breath test, say so.

If you told the officer something embarrassing, say so.

Your lawyer cannot build an effective strategy around facts that he or she doesn't know.

Your lawyer would much rather hear the truth from you than hear it unexpectedly from the prosecutor.

The Most Important Question: “What Do I Do First?”

Here is the shortest possible answer.

First, protect your license.

Second, preserve your evidence.

Third, stop talking about the case.

Fourth, get the paperwork into the hands of a DUI lawyer.

Fifth, have the entire case investigated before deciding how to resolve it.

That's the sequence.

Not:

“Plead guilty because it's my first offense.”

Not:

“Ignore it and hope it goes away.”

Not:

“The officer said I was definitely going to lose my license.”

Not:

“My buddy had a DUI and he did X.”

Your buddy's case isn't your case.

Your arrest needs to be analyzed based upon your facts, your evidence, your record, your testing, your license, and the applicable Georgia law.

Why Hiring a DUI Lawyer Early Can Matter

A DUI case is evidence.

And evidence can disappear.

People forget.

Video gets overwritten.

Businesses change their surveillance systems.

Witnesses become difficult to locate.

Documents get misplaced.

And administrative deadlines continue to run.

Early legal involvement allows your attorney to start thinking about the case while the events are still relatively fresh.

That does not mean every DUI needs to go to trial.

It means you should understand the case before you decide what to do with it.

The Sherman Law Group: Gwinnett County DUI Defense

At The Sherman Law Group, we understand that a DUI arrest can make a person feel as though the entire world has suddenly tilted sideways.

Your driver's license may be at risk.

Your job may depend upon driving.

Your insurance may be affected.

Your family may be angry.

You may be embarrassed.

You may be frightened.

And you may have absolutely no idea what happens next.

That is precisely when you need someone to slow the situation down and look at it logically.

The goal is not to tell you what you want to hear.

The goal is to determine what actually happened and then develop the strongest lawful defense available.

That can mean examining:

• the traffic stop;
• the officer's observations;
• field sobriety testing;
• body-camera footage;
• dash-camera footage;
• breath testing;
• blood testing;
• urine testing;
• implied consent;
• the ALS process;
• the arrest;
• searches;
• statements;
• witnesses;
• medical explanations;
• prior driving history;
• and the exact charges filed against you.

Frequently Asked Questions About a Gwinnett County DUI Arrest

1. I was just arrested for DUI in Gwinnett County. Am I automatically convicted?

No. An arrest is an accusation, not a conviction. The State still has to prove the charged offense.

2. Do I need a lawyer if this is my first DUI?

You are not legally required to hire a private lawyer, but you should seriously consider obtaining legal advice before making decisions about your case.

3. How quickly should I call a DUI lawyer?

As soon as reasonably possible, particularly because Georgia's administrative-license process can involve strict deadlines.

4. Can I drive after a DUI arrest?

That depends upon your license status and the paperwork issued to you. Do not assume you are permitted to drive.

5. What is ALS?

ALS generally refers to the Administrative License Suspension process associated with certain DUI arrests.

6. How long do I have to request an ALS hearing?

Under O.C.G.A. § 40-5-67.1, the statutory deadline is generally 30 days from the applicable notice.

7. What happens if I miss the ALS deadline?

You can lose the statutory right to the administrative hearing.

8. What if I refused the breath test?

Tell your lawyer exactly what happened. A refusal can create administrative consequences and may also be relevant to the criminal prosecution.

9. What if I took the breath test?

The result should be evaluated as evidence. Don't assume that the number alone resolves every legal question.

10. What if the officer said I failed the field sobriety tests?

Your lawyer can review how the tests were administered and, where available, what the video actually shows.

11. Can police video help me?

Potentially, yes.

12. Should I delete embarrassing texts?

No.

13. Should I delete social-media posts?

Do not take steps to destroy potential evidence. Speak with your attorney.

14. Should I talk to the prosecutor myself?

Generally, you should discuss communications about your criminal case with your lawyer first.

15. What if the officer's report is wrong?

Tell your lawyer precisely what is wrong and why.

16. What if I wasn't actually drunk?

Tell your lawyer exactly what happened. The legal issue may involve impairment, testing, driving behavior, and other evidence.

17. What if my BAC was below .08?

That does not necessarily mean there is no DUI case. Georgia DUI law includes theories other than simply proving a BAC at or above .08.

18. What if my BAC was above .08?

That can create significant evidence against you, but the defense should still evaluate how the test was obtained, administered, documented, and interpreted.

19. What if I was taking prescription medication?

Tell your lawyer.

20. What if there were drugs in the car?

Tell your lawyer immediately and do not destroy or alter potential evidence.

21. What if I was in an accident?

Tell your lawyer everything about the accident, including injuries, witnesses, photographs, and insurance involvement.

22. What if I have a CDL?

Tell your lawyer immediately. Commercial driving privileges can involve separate consequences.

23. What if I am under 21?

Tell your lawyer. Georgia has special rules affecting drivers under 21.

24. Can I get a limited driving permit?

Potentially, depending upon the type of suspension, your record, and the circumstances. DDS specifically lists circumstances in which limited driving permits may be available.

25. Is a DUI always a misdemeanor?

Not necessarily. The exact circumstances and prior history matter.

26. Can a DUI affect my employment?

It can, particularly where driving, professional licensing, security clearances, or other requirements are involved.

27. Can a DUI affect insurance?

It can.

28. Can I get the DUI dismissed?

Potentially, depending upon the evidence and legal issues. No responsible lawyer should promise a particular result without reviewing the case.

29. Should I just plead guilty to get it over with?

Not before understanding what you're giving up and what consequences will follow.

30. What should I do right now?

Preserve the paperwork, protect your driving privileges, preserve evidence, stop discussing the case publicly, and contact a Georgia DUI defense lawyer.

Final Word: If You Were Just Arrested for DUI in Gwinnett County, Don't Make the Next Mistake

A DUI arrest is a bad night.

It does not have to become a bad decade.

The first instinct of many people is to panic. The second is to call a friend. The third is to search the internet until 3:00 a.m. and convince themselves that either everything is fine or their life is over.

Neither approach is particularly useful.

Instead, get systematic.

Look at the paperwork.

Protect the driver's license.

Understand the ALS issue.

Preserve evidence.

Don't talk unnecessarily about the case.

Don't destroy anything.

Don't assume the police report is the final word.

And don't assume that because you were arrested, the only option is to walk into court and plead guilty.

At The Sherman Law Group, we believe a person facing a DUI charge deserves more than a quick glance at a citation and a generic recommendation to “just plead it out.”

A DUI defense should begin with questions.

Why was the vehicle stopped?

What did the officer actually observe?

What does the video show?

Were the field sobriety tests properly administered?

What chemical testing was performed?

Was the testing reliable and legally admissible?

What happened with implied consent?

Is there an ALS issue?

Was the driver's license properly handled?

What evidence exists outside the police report?

What does the State actually have?

And, perhaps most importantly, what does the State not have?

Those questions can matter.

If you have just been arrested for DUI in Gwinnett County, Georgia, don't wait until the day before court to begin figuring out what happened.

Get the case in the hands of an experienced Georgia criminal defense lawyer.

The Sherman Law Group can investigate the arrest, examine the evidence, address the driver's-license issues, and help you understand your options before you make a decision that could follow you for years.

A DUI arrest is serious.

But serious does not mean hopeless.

The next move matters.

Make it a smart one.