City and State prosecutors are responsible for prosecuting DUI crimes in Georgia. If the DUI charge is a misdemeanor, the charge will be prosecuted by either the city or county solicitor’s office. For example, a DUI driver arrested by the Alpharetta Police Department will be first prosecuted by the Alpharetta Solicitor. If that driver invokes their right to a jury trial, the Fulton County Solicitor General’s Office will then pickup the prosecution. It should be noted that in Georgia, anyone charged with a DUI- misdemeanor or felony- is entitled to a jury trial. Some states do not automatically allow for DUI jury trials, forcing drivers to have trials in front of judges only.
A DUI prosecution does not impact any claims you may have against a DUI driver involved in an accident. Your case does not depend on that DUI driver being convicted or pleading guilty, though it can strengthen your case if the driver is found guilty or enters a guilty plea. Often, your lawyer will follow the progress of the criminal dui prosecution and may even write the prosecutor or provide a victim impact statement detailing how the accident affected you.
If you have been involved in a DUI accident and would like to know more about how the other driver’s DUI case can impact your own claims, give me a call or use the contact form to touch base and discuss your case.