Can they give you extra charges after your arrest?

Yes, the prosecutor has charging decision power and can modify or add charges based on the facts as presented to them. You are definitely going to need the assistance of a well qualified DUI trial attorney for your case. I do not work in Hall and Gwinnett where you are from, but I am happy to help you find someone. Some other attorneys may also answer this post that work exclusively in that area. Please see an attorney and share the facts of your arrest and the pending charges with them. Good Luck on your case.

The prosecutor has the right to add any charges that are supported by the evidence not only after your are arrested, but up until trial. From the little you've said here, it sounds like there might be some good arguments that could help you in your case. You should get in touch with a DUI defense attorney ASAP to discuss your case in full detail. Our office is located on the square in Lawrenceville near the Gwinnett County Courthouse and we specialize in DUI defense. If you'd like to speak with us, we'd be happy to help.

I hear this question at least once per week. The short answer is -- YES. The DA (felonies) or Solicitor (misdemeanors) has the discretion to add any additional charges that they believe are appropriate based on the "facts" of the case as documented by law enforcement. Based on the info in your question, you should contact an experienced and qualified DUI defense attorney ASAP. DUI - 0.24 is 3 times the legal limit for DUI in Georgia. You should take these charges seriously and retain the best DUI attorney that is available to you!!! Good Luck!!

Yes, a prosecutor can add additional charges up until the time of trial. However, you can request formal arraignment anytime he does and get an extra seven days as arraignment notice must be sent out 7 days in advance. Prosecutors often correct and add additional charges after they read the police report. Some Police officers will intentionally not charge you with everything they could so it will be less expensive for you to bond out of jail. The opposite happens sometimes as well. A prosecutor can also choose not to accuse or prosecute a charge a police officer has brought to court. As to the specific facts of your case, it doesn't matter how drunk you were if they can not prove you were driving or in actual physical control of a moving vehicle! The vehicle must move or there must be circumstantial evidence that you drove. That may be the reason they added reckless conduct as they don't want you walking out of the courthouse "scott free" or with what we DUI lawyers call a "walk-away."