Experienced Fulton County DUI lawyers at Chestney & Sullivan

Suppose you have been arrested in Fulton County for a DUI. In that case, our experienced Fulton County DUI lawyers are available to discuss your Fulton DUI case anytime, including after-hours, weekends, and holidays. Remember that you only have thirty days from the date of your arrest to address an administrative license suspension action. Mr. Sullivan can discuss your DUI criminal case and license suspension action with you today. 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 the blood test refusal in the trial court, and the prosecution appealed the case to the Georgia Supreme Court.  We are happy to discuss your case with you as several pro-defense appellate rulings may impact your trial. Call us today at 404.816.8777

Arrested for a DUI in Fulton County? 

If you were arrested for DUI in Fulton County, call our experienced Fulton County DUI lawyers today. We understand what you are going through. You have questions, we can answer them. Whether you have a DUI in pending in Fulton State Court, Sandy Springs, Roswell, Johns Creek, Alpharetta, or Milton Municipal Court in North Fulton, or in the City of South Fulton in College Park, Fairburn, Union City, East Point, Forest Park, Chattahoochee Hills, or even in the heart of Fulton in the City of Atlanta, our experienced Fulton County DUI lawyers are prepared to go the distance to avoid a DUI conviction in your Fulton County case either in municipal courts or in Fulton County State Court, located in the Fulton County Justice Center. When your DUI case begins in any city court in Fulton County, if you demand a jury trial, the municipal court loses jurisdiction over your case and is transferred to the Fulton County court system for prosecution.  Sometimes, that is the best option if the trial in Municipal Court refuses to negotiate an acceptable resolution in your case.  Some Fulton municipal courts will not allow a DUI case to be tried in their jurisdiction, leaving the only option to try your DUI case in the Fulton County court system.

What is the court process for my Fulton DUI in the Fulton County court system?

If your case is a misdemeanor, the Fulton County Solicitor’s Office prosecutes your Fulton County DUI when you request a jury trial in a municipal court.  The elected Solicitor General of Fulton County is Keith Gammage. Ten elected Fulton County State Court Judges preside over misdemeanor DUI charges.  Your case is randomly assigned to a judge once the solicitor (prosecutor) files your case with the Fulton County Clerk’s Office.  In most cases, the assigned judge will preside over your case until a final resolution is reached. Our Fulton DUI lawyers have years of experience of defending and trying DUI cases in state court.

If your case involves a felony charge, then your case will be transferred to the Fulton County District Attorney’s Office for prosecution.  There are currently twenty elected Fulton County Superior Court Judges and five Superior Court Senior Judges.  The Fulton County Superior Court Clerk’s Office handles all court filings associated with your case.  Most DUI cases our Fulton County DUI lawyers bind over for jury trial are handled in Fulton County State Court.

Each judge handles their caseloads differently, so your Fulton DUI lawyer must know how each judge runs their courtrooms.  Our Fulton DUI lawyers try DUI cases in Fulton County regularly.  Because we frequently contest DUI cases in Fulton County State Court, we know the judges and prosecutors representing the State of Georgia in prosecuting your case.  Even though your case may have been sent to Fulton County to preserve your right to a jury trial, sometimes the facts of a particular DUI may be best suited for a “bench trial” (a trial where the judge decides the case instead of a jury).  Sometimes, a “bench trial” is a sound strategy; sometimes, it is not.  There are many times when a jury trial is the best possible option to avoid a DUI conviction on your Fulton DUI case if the prosecution refuses to negotiate an acceptable resolution in your case. In Fulton State Court, the prosecutor must consent to a bench trial, if you request one. 

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

When our Fulton County DUI lawyers prepare your case, we wait to decide on whether to have a bench trial or a jury trial until we have a complete investigation into the facts of your Fulton County DUI case.  Additional factors may come into play once we know which judge will preside over your case when deciding whether to have a bench or jury trial.  When evaluating your case, our firm investigates the facts of your Fulton DUI arrest as if your case is going to trial.  Once an investigation is complete, Mr. Sullivan reviews the case for defenses and strategies.  We then put together a comprehensive plan for proceeding with the best possible defense.  Chestney & Sullivan is well known for trying cases, and our Fulton DUI lawyers are prepared to go to trial if that is what it takes to avoid a conviction for your Fulton County DUI.

To build a strong DUI defense in Georgia, our Fulton County DUI lawyers start by meeting with you about your case and learning as much as possible about what happened.  Using this core information, we 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 DUI defense in your case.  Our Fulton County 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 best 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 Fulton DUI.  

Can I represent myself and avoid hiring Fulton County DUI lawyers?

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 municipal courts or Fulton County State Court.  It is not a good idea to represent yourself and fight your charges or enter a guilty plea.  Even if you think you are guilty and may not want to fight your case all the way, there are matters that a skilled Fulton County DUI lawyer is better able to handle than someone representing him or herself.  Here are some reasons why you may consider hiring us rather than representing yourself:

• You might have a defensible case! If you represent yourself and are not properly trained in DUI defense, you will have no idea what to look for. Experienced Fulton County DUI lawyers are better able to identify and exploit defenses in your case.
• You can jeopardize your driving privileges if you go to court and enter a guilty plea to DUI or DUI Child Endangerment charges by yourself..  If you have been arrested by a Fulton County DUI officer (or any Georgia police officer), you should have been notified of a license suspension action.  Enter a guilty plea without adequately addressing the license suspension action. You will not be able to get a limited permit (if you are eligible to get one at all) until and unless the license suspension action is conducted correctly.
• If your license is suspended for refusing the State’s chemical test from losing a suspension hearing or failing to address a license suspension action within 30 days from 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 license suspension action can improve your chances of being able to drive.
• Other charges besides your Fulton 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 Fulton DUI attorney who is familiar with the municipal courts in Fulton County, as well as Fulton 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 and 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. 
• Some Fulton County DUI officers will seek blood search warrants. You will not be able to know how to effectively challenge the admissibility of your blood test results.
• 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 and your Fulton DUI

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

Besides your DUI criminal case pending in Fulton County, you are likely facing an administrative license suspension.  It is critical that you consult with an experienced Fulton County DUI lawyer when facing a license suspension action. There is only a limited time to request this separate hearing that the Office of State Administrative Hearing conducts to preserve your driving privileges.  Whether you refused the State’s chemical test or the breath test results indicated an alcohol concentration above the legal limit, Georgia law requires your Fulton County DUI officer to serve you notice of an administrative license suspension.  If a Fulton DUI Task Force Officer has arrested you, you can be sure they initiated a license suspension action against you.  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).

• Our Fulton County DUI lawyers 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 Fulton DUI lawyer]:

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

   In most cases, our Fulton County DUI lawyers do not recommend that you do nothing within 30 days of your Fulton DUI arrest. If you do nothing and your officer initiates an administrative license suspension action, then on the 46th day after your arrest, the Georgia Department of Driver Services will automatically suspend your driving privileges for one year with no driving permit.  Even if you did not receive the DDS-1205 form due to your Fulton DUI arrest, we 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 hearing:

   This is the traditional track that has been the law for many years now, except now there are thirty days instead of ten business days to take action.  This track is where a request for an administrative hearing is submitted to the Georgia Department of Driver Services challenging the Fulton 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 Fulton 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 and have an ignition interlock installed:

   This track came into effect July 1, 2017.  This allows you to properly waive your right to an administrative hearing and have an ignition interlock installed. If this is your first DUI arrest in five years, this option will allow you to be able to drive in the state of Georgia and fight your Fulton 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 Fulton 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, requiring 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 Fulton 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 Fulton 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 Fulton 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 Fulton 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 Fulton 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 Fulton DUI charge.    

Successful maintenance of the ignition interlock device must be evidenced by the permit holder to DDS by producing satisfactory monthly monitoring reports before DDS removes 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 to discuss your Fulton DUI case with our dedicated Fulton DUI lawyers at 404.816.8777.  Our DUI defense lawyers are experienced in handling license suspension actions. We can review your case and prepare a strategy for your Fulton County DUI criminal case and your license suspension action.

So, I made a proper request for a license suspension hearing; what happens next?

The license suspension action is a civil action separate from your criminal case and only deals with your license or privilege to drive in this state.  The administrative license suspension action is litigated by a separate court from your criminal case.  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.  Typically, a hearing date is set roughly 60 days from your Fulton 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 is minimal:

At a hearing, the OSAH judge has a minimal role in deciding your 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 your Fulton 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 Fulton 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?

Like other court proceedings, the judge will enforce the Georgia Rules of Evidence at the OSAH license hearing.  Because the burden is on the Fulton DUI officer to establish that the statutory factors were met, the Fulton 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 Fulton DUI officer is then subject to cross-examination.  Sometimes, our Fulton County DUI lawyers 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 Fulton County DUI case?

Suppose the judge finds that one or more of the applicable statutory factors above were not met. 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 Fulton DUI criminal case is being dismissed, but an OSAH hearing can be a great tool to gain an advantage in your Fulton County DUI criminal case.

What happens if I lose my hearing?

Suppose the judge finds that all applicable statutory factors were met by a preponderance of the evidence (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 Fulton DUI officer is so low to meet in these license suspension hearings, there is a good possibility that your license may be suspended. However, our Fulton County DUI lawyers still may be able to 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 the ruling.  Also, if your Fulton 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 myself in my Fulton DUI case?

Because a license suspension action from a Georgia DUI arrest is a complex subject that even many lawyers don’t understand, we strongly encourage you to contact us immediately to discuss your Fulton County 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 enforces sober driving campaigns throughout the year, including its Drive Sober or Get Pulled Over program.  Georgia State Patrol and other Fulton County law enforcement agencies implement its 100 Days of Summer H.E.A.T campaign from mid-May through Labor Day every year. This year, 100 Days of Summer H.E.A.T. ran from mid-May through September 2.  Operation Zero Tolerance ran from June  24 through the Fourth of July. The Click It or Ticket campaign ran from May 13 through Memorial Day until June 2 and just completed its campaign over the Thanksgiving holiday weekend. The Drive Sober or Get Pulled Over campaign ran from August 14 through Labor Day and will again run from mid-December through New Year’s Day. Here are recent posts by the Governor’s Office of Highway Safety (Georgia GOHS) to never drink and drive and to plan on a sober ride home. The Thunder Task Force campaign is currently running:

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

Call our experienced Fulton County DUI lawyers today:

If you are facing a Fulton DUI charge or license suspension action or have been ticketed for a serious traffic offense, contact our experienced Fulton County 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, Four where your case will be heard.  Call us at 404.816.8777.

Map of the Fulton County Justice Center location: