Experienced Dunwoody DUI Lawyers at Chestney & Sullivan

If you have been arrested for a Dunwoody DUI, our experienced Dunwoody DUI lawyers at Chestney & Sullivan can discuss your case anytime, including after-hours, weekends, and holidays! Remember that you only have thirty days from your arrest to address an administrative license suspension action. Mr. Sullivan can discuss your DUI criminal case and the possible license suspension action. Also, Mr. Sullivan has a case in front of the Georgia Supreme Court dealing with the admissibility of blood test refusals in a criminal trial.  He won a motion to suppress at the trial court, and the prosecution appealed.  Many pro-defense appellate rulings may impact the prosecution of your case. Call Chestney & Sullivan today at 404.816.8777

Arrested for a DUI in Dunwoody?

Our Dunwoody DUI lawyers understand what you are going through. Being arrested for a Driving Under the Influence charge in Dunwoody is a stressful experience, especially when you are taken to the DeKalb County Jail. Please call our experienced DUI attorneys today to talk about your Driving Under the Influence charges in Dunwoody Municipal Court. Our Dunwoody DUI lawyers can speak with you anytime, including after-hours, weekends, and holidays. We can discuss how we may present a successful defense to your charges and can be reached 24/7 at 404.816.8777.

If you are charged with a DUI in Dunwoody, contact our experienced Dunwoody DUI lawyers today at 404.816.8777 for a free consultation.  Our DUI defense lawyers know Dunwoody Municipal Court and DeKalb County State and Superior courts. Dunwoody Municipal Court is near Perimeter Mall at 4800 Ashford Dunwoody Road, Dunwoody, Georgia 30346. It is in the Dunwoody City Hall building.  The Dunwoody Police Department has also relocated to Dunwoody City Hall.  Our Dunwoody DUI lawyers appear in Dunwoody Municipal Court regularly.  The Chief Judge of Dunwoody Municipal Court is Judge Hugh “Rick” Powell, Jr.  Other judges may sit in from time to time for Judge Powell.  The solicitors (prosecutors) are part of a private law firm with a contract with the City of Dunwoody.  The solicitors are responsible for prosecuting your Dunwoody driving under the influence case in Dunwoody Municipal Court.

Dunwoody Municipal Court is a “limited jurisdiction” court, meaning they do not have jury trials there for DUI cases.  The prosecutor in Dunwoody Municipal Court has a policy of not trying any DUI cases in municipal court.  If your case is not resolved successfully through negotiations with the prosecutor and we need to fight your case, your Dunwoody DUI will need to be transferred to the DeKalb County court system.

If your Dunwoody DUI involves misdemeanor charges, it will be transferred to DeKalb County State Court in the DeKalb County Courthouse.  DeKalb State Court Division A currently has seven state court judges.  Your case will be assigned to one of the seven judges once the DeKalb State Court Solicitor files your case with the DeKalb County State Court Clerk’s Office.  The current elected DeKalb Solicitor General is Donna Coleman-Stribling.  Each judge handles their caseloads differently, so your Dunwoody DUI lawyer must know how each courtroom operates.  Our Dunwoody DUI defense lawyers have tried many cases in DeKalb County State Court.  Because we frequently contest DUI cases in DeKalb County State Court, we are familiar with the judges and solicitors handling your case.

The Dunwoody Police Department has a dedicated group of officers specializing in making DUI arrests.  Like all Dunwoody police officers, these DUI officers have received a minimum of 16 hours of DUI training in the police academy.  The Dunwoody DUI officers have received an additional 24-hour standardized field sobriety course endorsed by the National Highway Traffic Safety Administration (NHTSA).   Some Dunwoody DUI officers have received additional DUI training, such as ARIDE (Advanced Roadside Impaired Driving Enforcement) or DRE (Drug Recognition Expert).  All of the specialized Dunwoody DUI officers are certified by the Georgia Bureau of Investigation to operate the Intoxilyzer 5000.  Most (if not all) of the Dunwoody DUI officers are certified on Georgia’s newest breath testing instrument, the Intoxilyzer 9000.  If you are arrested for DUI in Dunwoody, you could be brought to the DeKalb County Jail or sometimes the Doraville Jail. 

Our DUI defense attorneys know how to challenge a Dunwoody DUI.  We are trained in Standardized Field Sobriety Evaluations.  Mr. Sullivan was certified in Standardized Field Sobriety evaluations by SFST instructors with the Conyers Police Department and Rockdale County Sheriff’s Office.  One of the benefits of investigating and contesting a Dunwoody DUI is that most of the Dunwoody patrol vehicles are equipped with video and audio.  Their video equipment has features similar to those of a DVR or TVO, which many people have at home for their TVs.   Their equipment continuously records but will not preserve anything until the officer manually activates the recording or activates his emergency equipment (lights).  Then, the video will be preserved between 30 and 60 seconds before activation, and typically, the Dunwoody DUI officers will run their video until it is turned off when they reach the DeKalb County Jail or their final destination.  Videos can be obtained or viewed through the court process.  

How our skilled Dunwoody DUI lawyers build a successful defense in your DUI case:

To build a strong DUI defense in your Dunwoody Driving Under the Influence case, your Dunwoody DUI lawyer starts by meeting with you about your case and learning as much as possible about what happened.  Using this core information, we can look for more evidence to help our defense by using specialized resources to determine if your arrest’s testing and other details were accurate and legal.  We gather information, videos, 911 calls, possible surveillance videos, police reports, documents, and road/scene conditions.  There are also times when we use the services of toxicologists, accident reconstructionists, private investigators, breath test/field sobriety experts, medical professionals, and video illustrators, to name a few, to help build a solid defense in your Dunwoody DUI case.  Our Dunwoody DUI lawyers then analyze your case, starting with whether the initial stop or reason why the police were involved was legal.  We also look for suppression issues with the admissibility of field sobriety tests or state chemical tests (breath, blood, or urine).  Our DUI attorneys then develop strategies to conduct the license suspension hearings, preliminary/committal hearings, motion hearings, and trials.  This approach is an effective way to ensure we are prepared to defend your Dunwoody DUI charges.  

Can I enter a guilty plea and avoid hiring an experienced DUI defense lawyer?

There is a saying that “a person who represents himself has a fool for a client.”  DUI cases are one of the most severe cases prosecuted in Dunwoody Municipal Court or DeKalb County State Court.  Even if you think you are guilty and may not want to fight your case all the way, there are matters that a skilled Dunwoody DUI lawyer is better able to handle than someone representing him or herself.  Here are some reasons why you may consider hiring our experienced Dunwoody DUI lawyers rather than representing yourself:

• You can jeopardize your driving privileges if you go to court in Dunwoody and enter a guilty plea to Driving Under the Influence by yourself, especially if you have DUI Child Endangerment charges in addition to your DUI.  If you have been arrested by a Dunwoody DUI officer (or any Georgia police officer), you should have been notified of an administrative license suspension action.  Enter a guilty plea without adequately addressing the administrative license suspension action. You will not be able to get a limited permit to drive (if you are eligible to get one at all) until and unless the administrative action is conducted properly.
• If your license is administratively suspended for refusing the Dunwoody DUI officer’s chemical test from losing an administrative hearing or failing to address a license suspension action within 30 days from the date of your arrest, your Georgia driver’s license or driving privileges will be suspended for a year with NO PERMIT.  Properly coordinating and handling the criminal case and the administrative license suspension action can improve your chances of being able to drive. If you enter a guilty plea to DUI in your Dunwoody case during that time of suspension, you still cannot get a permit to drive or reinstate your license until the administrative suspension is lifted.
• Other charges besides your Dunwoody DUI charge may be more severe and carry more punishment than the DUI charge itself, like Vehicular Homicide, Fleeing and Attempting to Elude, Hit and Run, or felony drug charges.
• Sometimes, the prosecutor gives a bad plea offer.  Even if you decide not to contest your case, an experienced DUI attorney who is familiar with Dunwoody Municipal Court, as well as DeKalb County State Court or Superior Court, can assess a plea offer to determine if it is worth taking or moving your case to state court, or you may decide to take your case to trial.
• A nolo contendere plea will not save a license suspension and still counts as a conviction – the same as a guilty plea or guilty verdict after trial. 
• If you decide to represent yourself at trial, the Georgia Rules of Evidence still apply.  Lawyers go to law school for years to learn these rules, and you will be at the mercy of a skilled prosecutor and judge if you are not careful.

Administrative License Suspension in Your Dunwoody DUI Case

IMPORTANT INFORMATION CONCERNING YOUR DRIVER’S LICENSE WHILE YOUR DUNWOODY DUI CRIMINAL CHARGES ARE PENDING IN COURT

Besides your DUI criminal case pending in Dunwoody, you are likely facing an administrative license suspension.  There is only a limited time to request this separate hearing that the Office of State Administrative Hearings conducts to preserve your driving privileges.  Whether you refused the Dunwoody DUI officer’s chemical test or the breath test results indicated an alcohol concentration above the legal limit, Georgia law requires your Dunwoody DUI officer to serve you notice of an administrative license suspension.  The notice that is used is called a DDS-1205 form.  This form is either yellow or white; the officer may have had you sign it.  Sometimes, this paperwork gets lost (you may have received it, but it may have been misplaced, or it may have been lost at the jail).

• We strongly suggest that you set up an online account with the Georgia Department of Driver Services to monitor the status of your driver’s license: https://dds.georgia.gov/online-services

Regardless of whether you have received a DDS-1205 form, you must understand that you only have 30 days to request a hearing to preserve your driving privileges or waive your hearing through the Georgia Department of Driver Services by opting for an ignition interlock device permit.

Three tracks you can take [beware of choosing without the advice of an experienced DUI lawyer]:

1. Do nothing within 30 days of your DUI arrest date:

   In most cases, we do not recommend this path. If you do nothing and your Dunwoody DUI officer initiates an administrative license suspension action, then on the 46^th day after the date of your Dunwoody DUI arrest, the Georgia Department of Driver Services will automatically suspend your driving privileges for one year with no permit to drive.  Even if you did not receive the DDS-1205 form as a result of your DUI arrest, our Dunwoody DUI lawyers still recommend that you take some action instead of doing nothing.  However, there are limited circumstances where we recommend our clients do nothing regarding a license suspension action, but those circumstances are rare.

2. Request an administrative license suspension hearing in your Dunwoody DUI case:

   This is the traditional track that has been the law for many years now, except there are thirty days instead of ten business days to take action.  This track is where a request for an administrative license suspension hearing in your Dunwoody DUI case is submitted to the Georgia Department of Driver Services challenging the Dunwoody DUI officer’s decision to administratively suspend your driver’s license for testing above Georgia’s “per se” legal limit for alcohol concentration or for refusing your Dunwoody DUI officer’s request for a state-administered chemical test of your breath, blood, urine, or other bodily substances.  A $150 filing fee is made payable to the Dept. of Driver Services for DDS to process the hearing request. 

3. Properly waive your right to an administrative hearing in your Dunwoody DUi case and install an ignition interlock:

   This track came into effect July 1, 2017.  This allows the first DUI arrest in five years for drivers to be able to drive in the state of Georgia and fight their Dunwoody DUI criminal case without losing the privilege to drive.  It comes with a cost, of course.  It involves waiving your right to an administrative hearing through the Georgia Department of Driver Services. You would need to install an ignition interlock device on your vehicle for a minimum of 120 days if you tested over the “per se” legal limit or one solid year of having the ignition interlock device installed in your vehicle (and driving under the confines of an ignition interlock permit) if you refused the Dunwoody DUI officer’s request for a state-administered chemical test.  If you choose this track, we highly advise installing the ignition interlock first and then going to DDS within 30 days from the date of arrest to obtain the permit.  There are obvious concerns and pitfalls in choosing this track.  For many, the stigma of having the ignition interlock device installed in their vehicle is not worth it.  The ignition interlock device is also expensive: it requires installation and monthly monitoring fees.   And if you remove it while under your ignition interlock permit, tamper with it, or it tests positive, your permit to drive may be revoked for six months – meaning no driving at all.  In addition to waiving your right to an administrative hearing and having an ignition interlock device installed on your  vehicle, you must also meet the following conditions:

• An application for the permit must be made with DDS within 30 days of the person being served notice of the administrative license suspension (ALS) by the Dunwoody DUI arresting officer through the DDS-1205 form (usually 30 days from the date of arrest), or—in the event of a DDS-1205S form—within 30 days of receiving such notice of the ALS from DDS (from a blood test result that was not procured by a search warrant);
• The ALS cannot stem from a motor vehicle accident involving fatalities or serious injuries;
• The person must be licensed in Georgia and not have any other suspensions, cancellations, or revocations against their Georgia driver’s license;
• If the person holds a Georgia commercial driver’s license (CDL), they must downgrade to a non-commercial Georgia driver’s license to obtain and maintain the permit;
• The person cannot have any convictions for DUI in the 5 years preceding application for the permit.  If there is a DUI arrest with a DUI conviction within 5 years of the current Dunwoody DUI arrest, the person can still opt for track 2 – requesting an administrative hearing, or track 1 – do nothing at all;
• The person must surrender their Georgia driver’s license, either to the Dunwoody DUI officer at the time of arrest or to DDS before issuance of the permit; and,
• The person must pay a $25.00 permit fee to the Georgia Department of Driver Services. 

The period a person must successfully maintain the ignition interlock device on their vehicle will be based on whether they consent to or refuse the state-administered chemical test requested by the Dunwoody DUI arresting officer.  A person who consents to the state-administered chemical test and opts for the new permit will be required to successfully maintain the ignition interlock device on their vehicle for 4 months.  If they are subsequently acquitted of the underlying Dunwoody DUI charge or the underlying DUI charge is dismissed or reduced, the ignition interlock device may be removed at no cost, and the driver’s license may be replaced.  A person who refuses the state-administered chemical test and opts for the new permit will be required to successfully maintain the ignition interlock device on their vehicle for 12 months, regardless of the outcome of the underlying Dunwoody DUI charge.    

Successful maintenance of the ignition interlock device must be evidenced by the permit holder to DDS through the production of satisfactory monthly monitoring reports before DDS removing the ignition interlock restriction from the permit.  A permit may be renewed for a fee of $5.00 if additional time is needed for the permit holder to comply with the terms of the ignition interlock device. Still, it may only be renewed one time once the permit holder becomes eligible to reinstate their driver’s license.  Following the designated term of successful compliance, the ignition interlock device restriction may be removed from the limited driving permit in person at a DDS customer service center for a fee of $100.00 (or $90.00 if removal of the restriction is requested by mail or other approved alternate means).  The removal fee is in addition to any reinstatement fee that may be required.

As the title of the ignition interlock device limited permit suggests, there are limitations on where you can drive while on the IID permit:

• Going to their place of employment or performing the regular duties of their occupation;
• Receiving scheduled medical care or obtaining prescription drugs;
• Attending a college or school at which they are regularly enrolled as a student;
• Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have an addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;
• Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver’s license or by the commissioner;
• Attending court, reporting to community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice probation officer, or probation officer serving under Article 6 of Chapter 8 of Title 42, or performing community service;
• Transporting an immediate family member who does not hold a valid driver’s license for work, to obtain medical care or prescriptions, or to school;
• Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18; or
• Conduct monthly monitoring visits with the permit holder’s ignition interlock device service provider.

Contact us today at 404.816.8777 to discuss your DUI case with our dedicated Dunwoody DUI lawyers. Our DUI defense lawyers are experienced in handling license suspension actions. We can review your case and prepare a strategy for your Dunwoody DUI criminal case and your license suspension action.

I properly requested a license suspension hearing in my Dunwoody DUI case. What will happen next?

The license suspension action is a civil action separate from your Dunwoody DUI criminal case and only deals with your license or privilege to drive in this state.  A separate court from your Dunwoody DUI criminal case litigates the administrative license suspension action. Once the Georgia Department of Driver Services processes your request for a hearing, your case is sent to the Georgia Office of State Administrative Hearings (OSAH), where a hearing will be scheduled in front of a judge from that agency.  A hearing date is typically set roughly 60 days from your Dunwoody DUI arrest date.  Once a hearing is requested, the Department of Driver Services will extend your driving privileges until an order is entered from an OSAH judge.

The scope of the license suspension hearing in your Dunwoody DUI case is minimal:

At a license suspension hearing, the OSAH judge has a minimal role in deciding your Dunwoody DUI case.  The judge is bound by law to only look at certain statutory factors to determine whether those factors were met based on the evidence presented at the hearing.  That is it.  The judge does not look at your criminal or driver’s history.  The judge is not concerned about your job, transportation issues with your children’s school or daycare, or any other hardship you may have if your license is suspended.  The judge’s only role in a license suspension hearing is to determine if the following factors were met:

• Whether the Dunwoody DUI law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391 (the DUI statute); or
• Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality and
• Whether at the time of the request for the test or tests the Dunwoody DUI officer informed the person of the person’s Implied Consent rights and the consequences of submitting or refusing to submit to such test; and
• Whether the person refused the test; or whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and
• Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all of its electronic and operating components prescribed by its manufacturer correctly attached and in good working order, which shall be required.  A copy of the operator’s permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.

How is the OSAH license suspension hearing conducted in my Dunwoody Dui case?

Like other court proceedings, the judge will enforce the Georgia Rules of Evidence at a license suspension hearing in your Dunwoody DUI case.  Because the burden is on the Dunwoody DUI officer to establish that the statutory factors were met, the Dunwoody DUI officer testifies first.  Some jurisdictions allow the officer to get help from the prosecutor’s office, or if the officer is a Georgia State Trooper, an attorney paid by the State of Georgia assists the officer in direct examination.  The Dunwoody DUI officer is then subject to cross-examination.  Sometimes, we may decide to place our clients or other witnesses on the stand for direct examination.  Our witnesses would then be subject to cross-examination from the other side.  Once the testimony and presentation of the evidence are finished, each side can make a closing argument.  The judge will then typically decide within five business days and transmit that decision to the parties and the Georgia Department of Driver Services.  If there is an error in how the judge ruled, an appellate process is available to review the court’s decision.

What happens if I win the license suspension hearing in my Dunwoody DUI case?

Suppose the judge finds that one or more of the applicable statutory factors above are not met at your Dunwoody DUI  license suspension hearing. In that case, the judge will issue an order reversing the suspension action and transmit it to the Georgia Department of Driver Services. Then, the Georgia DDS will delete the license suspension action from your driver’s history (no administrative license suspension).  This does not mean that the Dunwoody DUI criminal charges are being dismissed, but an OSAH hearing can be a great tool to gain an advantage in your Dunwoody DUI criminal case.

What happens if I lose my license suspension hearing?

Suppose the judge finds that all applicable statutory factors were met by a preponderance of the evidence at your license suspension hearing (a lower standard of proof than beyond a reasonable doubt). In that case, the judge will issue an order affirming the license suspension action and transmit the order to the Georgia Department of Driver Services, which will then impose the license suspension.  Again, because the burden on the Dunwoody DUI officer is so low to meet in these license suspension hearings, there is a good possibility that your license may be suspended. However, we may still gain an advantage in the criminal case based on testimony from the license suspension hearing.  The decision can be appealed if the judge committed an error in a ruling.  Also, if your Dunwoody DUI charge is reduced or dismissed, or you are found not guilty, the suspension is lifted and deleted from your driver’s history as a matter of law.

Can I handle the license suspension hearing in my DUI case myself?

Because an administrative license suspension from a Dunwoody DUI arrest is a very complex subject that even many lawyers don’t understand, we strongly encourage you to call immediately to discuss your case.  It is not a good idea to handle the license suspension hearing yourself in your Dunwoody DUI case. Too many variables can impact your driving privileges, which are to be discussed here without knowing the specific facts of your case and your prior criminal history.  Remember, you only have 30 days to request a license suspension hearing through the Georgia Department of Driver Services.

Warning to drivers:

As a warning to drivers, the Governor’s Office of Highway Safety annually mobilizes sober driving campaigns, including its 100 Days of Summer H.E.A.T. and Click It or Ticket campaigns.  Georgia State Patrol, along with the Dunwoody Police Department, enforces various sober driving campaigns throughout the year.  Operation Zero Tolerance ran from June 24 through the Fourth of July. The Drive Sober or Get Pulled Over campaign ran from August 14 through Labor Day, September 2, and will again run from mid-December through New Year’s Day. The Dunwoody Police and Georgia State Patrol are stepping up concentrated patrols, aggressive traffic enforcement, and multi-jurisdictional DUI sobriety checkpoints (roadblocks).  Here are posts from the Georgia Governor’s Office of Highway Safety (Georgia GOHS) to  Never drive under the influence of alcohol or drugs, and to use a sober driver: 

Drinking and driving should never be on the agenda. Call a sober friend, taxi, or ride share to get you home safely. #BuzzedDriving is drunk driving pic.twitter.com/TddnARYPGk

— Georgia Governor’s Office of Highway Safety (@gohsgeorgia) November 30, 2024

Map of the Dunwoody Clerk of Court location:

Call our experienced Dunwoody DUI lawyers today:

If you are facing a Dunwoody DUI charge or license suspension action or have been ticketed for a serious traffic offense, contact our experienced Dunwoody DUI lawyers today.  We will meet with you free of charge to discuss your options and provide advice based on our experience in the court, where your case will be heard.  Call us today at 404.816.8777