Georgia DUI/DWI Preliminary Hearing

The Preliminary Hearing

A preliminary hearing is your first court appearance after your arraignment, if you appear again after arraignment at all. The judge makes up his mind if the evidence in your case is strong enough to support the court’s time and cost for a trial. This hearing is all about the proof against you and whether the detective performed their jobs rightly and within the letter of the law. If the judge discovers that some mistake was made in the process of your arrest, it may be felt that a trial is not the greatest option.

The prosecutor with the district or state legal representative’s office and your legal representative present “arguments” on each side of the case, for and against a trial. Witnesses may be called and proof, such as your official blood-alcohol content results, is offered to the court. Your legal representative attempts to convince the judge that the prosecutor’s evidence against you is weak and undeserving of the court’s time. Your lawyer wants your case discharged by the court. The prosecutor wants to demonstrate evidence that you should stand trial for your alleged crime.

Again, it is focal to understand that most DUI cases go no farther than the arraignment, even if you plead “not guilty.”

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