Experienced Roswell DUI Lawyers at Chestney & Sullivan

Our experienced Roswell DUI lawyers can speak with you about your Roswell Driving Under the Influence (DUI) case, including after-hours, weekends, and holidays! This is a reminder that you only have thirty days from your arrest to address an administrative license suspension action. We can discuss strategies to preserve driving privileges and fight your Roswell DUI criminal charges. Call Chestney & Sullivan today at 404.816.8777!

Were you arrested for a DUI in Roswell? 

We understand what you are going through. Suppose you are charged with a DUI in Roswell, Georgia. In that case, our experienced Roswell DUI lawyers are prepared to vigorously defend your Roswell DUI in Roswell Municipal Court (in Roswell City Hall) or Fulton County State Court. Please call us today to speak with an experienced Roswell DUI defense attorney about your case. We offer a free consultation. We can answer your questions and discuss defense strategies for successfully defending your Roswell DUI charges.

Being arrested for a Roswell DUI can be a stressful experience. You may have many questions about your case, including what penalties you may face for a DUI. What is the court process in Roswell Municipal Court or Fulton County State Court? What defenses are there in my case? You may also have concerns about your ability to drive and a possible license suspension. People come to us because we provide the absolute most vigorous defense available to those facing DUI charges in Georgia. And in the majority of cases, we can protect their freedom, ability to drive, and criminal record. You may not feel at this time that you have a solid opportunity to avoid a conviction for the charges you face. But the law provides critical protections to you and may lead to a successful defense in an otherwise seemingly indefensible case!

What happens after an arrest for a DUI in Roswell?

Your Roswell Driving Under the Influence (DUI) charges will start in Roswell Municipal Court once the arrest is processed at the Fulton County North Annex Jail, 2565 Old Milton Parkway, Alpharetta, GA 30009. Roswell Municipal Court is in the Roswell City Hall building at 38 Hill Street, Roswell, Georgia 30075. The Roswell Police Department is across from  City Hall at 39 Hill Street, Roswell, Georgia 30075. 

So, my DUI charges are in Roswell Municipal Court. What is the process there?

Once arrested for DUI in Roswell, your case will be assigned a court date in Roswell Municipal Court. Our DUI defense lawyers appear in Roswell Municipal Court regularly. The current elected Roswell Municipal Court Judge is Judge Brian Hansford. The solicitor (prosecutor) of your Roswell DUI case is Krista Young, a former prosecutor in Cobb County State Court. Roswell Municipal Court is a “limited jurisdiction” court, meaning they do not conduct jury trials there. If you want the Roswell Municipal Court judge to decide your case at a trial instead of a jury, that is called a “bench trial.” At a bench trial, the prosecutor still has the burden to prove each essential element of your Roswell DUI charge beyond a reasonable doubt, and Judge Hansford decides whether the prosecution has met its burden. Sometimes, a “bench trial” is a sound strategy; sometimes, it is not – it just depends upon the facts of your case. The prosecutor is not likely to allow a DUI trial in municipal court. You have a constitutional right to a jury trial, but you do not have a constitutional right to a trial where a judge decides.  The prosecutor can object to a “bench trial” and transfer your case to Fulton State Court for trial. Our Roswell DUI lawyers will meet with the solicitor in Roswell to see if we can negotiate a resolution to avoid a DUI conviction in municipal court. If we can, great! If not, we will often move your DUI case to Fulton State Court.

What if I want a jury trial in my DUI case?

Quite often, a jury trial is the best possible option to avoid a DUI conviction if your Roswell DUI is not successfully resolved through negotiations with the prosecutor. Roswell Municipal Court does not conduct jury trials, so if a jury trial is requested, your case will be transferred to Fulton State Court for trial (located in the Fulton County Justice Center). Our experienced Roswell DUI attorneys take cases to jury trial in Fulton State Court.` Fulton State Court, located in the Fulton County Justice Center, currently has ten state court judges. Your Roswell DUI case will be assigned to one of the ten judges in State Court once the Fulton State Court Solicitor files your case with the Fulton County State Court Clerk’s Office. Because each state court judge handles their caseloads differently, Roswell DUI lawyers must know how each courtroom operates. Our Roswell DUI lawyers try cases in Fulton County regularly. Mr Sullivan has successfully tried jury and bench trials in Fulton State Court for over eighteen years. The Fulton County Solicitor General (prosecutor) is Keith Gammage. Because we frequently contest DUI cases in Fulton County State Court, we are familiar with the judges and prosecutors who will be handling your case.

Does the Roswell Police Department have a DUI Task Force?

Yes, the Roswell Police Department has a dedicated group of officers in their Traffic Enforcement Unit that comprise a DUI Task Force. Like all Roswell police officers, these DUI officers have received a minimum of 16 hours of DUI training in the police academy. Most Roswell DUI Task Force officers trained have received an additional 24-hour standardized field sobriety course (SFST) endorsed by the National Highway Traffic Safety Administration (NHTSA). Some Roswell DUI Task Force officers have received additional DUI training, such as ARIDE (Advanced Roadside Impaired Driving Enforcement) or DRE training (Drug Recognition Expert). All Roswell DUI Task Force officers are certified by the Georgia Bureau of Investigation to operate Georgia’s GBI-approved breath testing instrument, the Intoxilyzer 9000.

Our Roswell DUI defense attorneys challenge a Roswell DUI Task Force case like we would any of our contested DUI cases. One of the benefits of investigating a Roswell DUI case is that most of their patrol vehicles are equipped with video and audio. The Roswell Police video equipment has features similar to a DVR or “TVO” many people have at home for their TVs. Their video equipment continuously records but will only preserve something once 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 Roswell DUI officers will run their video until it is turned off when they reach the jail or their final destination. We can obtain a copy of the video through the court process.

The Roswell DUI Task Force officers aggressively make DUI traffic stops. Again, with warmer weather here, outdoor events are happening, and we are anticipating a heavy law enforcement presence by the Roswell Police Department. This will include concentrated patrols, aggressive traffic enforcement – even minor offenses, and multi-jurisdictional DUI sobriety checkpoints (roadblocks).

How our skilled Roswell DUI lawyers build a successful DUI defense:

To build a strong DUI defense in Georgia, our Roswell DUI lawyers start by learning everything possible about your case from you. Based on this core information, our attorneys can search for more favorable evidence using specialized resources to determine if your arrest’s testing and other details were accurate and legal. This forms the basis for a solid drunken driving defense in your DUI case in Roswell. We obtain videos, 911 calls, possible surveillance videos, police reports, road/scene conditions documents, and more. There are times when we even 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 Roswell case. Our experienced Roswell DUI lawyers analyze a case from the initial stop or reason why the police were involved, look for suppression issues with the admissibility of field sobriety tests or state chemical tests (breath, blood, or urine tests), and develop strategies in how to conduct best administrative license suspension hearings, preliminary/committal motion hearings, and trial. This approach is an effective way to make sure we thoroughly defend your Roswell DUI charges.

Can I enter a guilty plea and avoid hiring an experienced Roswell 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 Roswell Municipal Court or Fulton County State Court. It is not a good idea to represent yourself and not hire an experienced Roswell DUI defense lawyer. Even if you think you are guilty and may not want to fight your case all the way, there are matters that a skilled Roswell DUI defense lawyer is better able to handle than someone representing him or herself. Here are some reasons why you may consider hiring Chestney & Sullivan rather than representing yourself:

• You can jeopardize your driving privileges if you go to court and enter a guilty plea to your Roswell DUI, especially if there are DUI Child Endangerment charges in addition to your DUI charge. If a Roswell DUI Task Force officer has arrested you, you should have been notified of an administrative 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 the suspension action is conducted correctly.
• If your license is suspended for refusing the State’s chemical test from losing a license suspension hearing or failing to address a license suspension hearing 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 along with the license suspension action can improve your chances of being able to drive.
• Other charges besides your Roswell 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 defense attorney familiar with the Roswell Municipal Court and Fulton County State Court or Superior Court can assess a plea offer to determine if it is worth taking or rejecting and 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

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

Besides your criminal case pending in Roswell Municipal Court, you are likely facing an administrative license suspension. There is only a limited time to request this separate hearing with the Georgia Office of State Administrative Hearings to keep your driving privileges. If you have been charged with a DUI in Roswell, chances are the officer served you with a notice of a license suspension action. Suppose a Roswell DUI Task Force Officer, specifically Officer Johnny Burnett, arrested you. In that case, you can be sure that your officer served you with a notice of a license suspension action. 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 officer to notify you of a license suspension action. The form 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 Roswell DUI lawyer]:

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

   In most cases, we do not recommend that you do nothing within 30 days of the date of your Roswell arrest. If you do nothing and your Roswell DUI officer initiates an administrative license suspension action, then on the 46th day after the date of your Roswell 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 due to your arrest, our Roswell 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 Roswell DUI case:

   Requesting an administrative license suspension hearing in your Roswell DUI case is the traditional track that has been the law for many years, except 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 Roswell 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 Roswell 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 and send your case over to the Office of State Administrative Hearings to schedule a hearing date. 

3. Properly waive your right to an administrative license suspension hearing in your Roswell DUI case 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 license suspension hearing in your Roswell DUI case and have an ignition interlock installed. If this is your first DUI arrest in five years, this option allows you to be able to drive in the state of Georgia and fight your Roswell 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 Roswell 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 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 Roswell 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 prior 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 Roswell 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 Roswell 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 Roswell 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 Roswell 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 Roswell 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 according to 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.

Don’t hesitate to contact us today at 404.816.8777 to discuss your DUI case with our experienced Roswell DUI defense lawyers. Our dedicated Roswell DUI lawyers are experienced in handling license suspension actions. We can review your case and prepare a strategy for your Roswell DUI criminal charges and license suspension action.

So, I correctly requested a license suspension hearing in my Roswell DUI case. What happens next?

The license suspension action is a civil action separate from your Roswell DUI criminal charges and only deals with your license or privilege to drive in this state. A separate court from your Roswell DUI criminal case litigates the 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 before an OSAH judge. Typically, a hearing date with OSAH is set roughly 60 days from the date of your arrest. 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 Roswell DUI case is minimal:

At a license suspension hearing, the 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 were met. 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 Roswell 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 Georgia 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 Roswell 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 OSAH judge will enforce the Georgia Rules of Evidence at a license suspension hearing. The arresting officer in your Roswell Driving Under the Influence case testifies first because the burden is on your Roswell DUI officer to establish that the statutory factors were met. 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 Roswell DUI officer is then subject to cross-examination. Sometimes, we may place our clients or 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 decide typically 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 Roswell DUI case?

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

What happens if I lose my license suspension hearing in my DUI case?

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), and you lose the license suspension hearing in your Roswell DUI case. 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, suspending the driver’s license. Again, your license may be suspended because the burden on the Roswell DUI officer is too low to meet in these hearings. However, we may still gain an advantage in your Roswell DUI criminal case based on testimony from the hearing. The decision can be appealed if the judge commits a ruling error.

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

Because an administrative license suspension 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 Roswell DUI case. It is not wise to handle the license suspension hearing yourself. 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 from the date of arrest to request a hearing through the Georgia Department of Driver Services.

A warning to drivers:

As a warning to drivers, the Governor’s Office of Highway Safety annually mobilizes sober driving campaigns. The Drive Sober or Get Pulled Over program ran from August 14 through Labor Day and will again be conducted from mid-December through January 1 (New Year’s Day). Georgia State Patrol also enforces its 100 Days of Summer H.E.A.T and Operation Zero Tolerance campaigns annually. During these campaigns, we usually see increased concentrated patrols, aggressive traffic enforcement, and sobriety checkpoints (roadblocks).  Georgia State Patrol and the Department of Public Safety (DPS) recently issued a press release that seventeen people were killed in Thanksgiving Day holiday travel period crashes. Also, 425 people were arrested for DUI. The Thunder Task Force campaign is currently running.

Here are recent Facebook and X (formerly Twitter) 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

Call our experienced Roswell DUI lawyers today:

If you are facing a Roswell DUI charge, a license suspension action, or have been ticketed for a serious traffic offense, contact our experienced Roswell DUI lawyers today. We’ll be able to meet with you to talk about your options and give you advice based on our experience in the court, where your case will be heard. Contact us today at 404.816.8777.

Map of the Roswell Court Services location: