Experienced Alpharetta DUI Lawyers at Chestney & Sullivan

If you have been arrested in Alpharetta for a DUI, our experienced Alpharetta DUI lawyers at Chestney & Sullivan are available to speak with you about your Alpharetta DUI case anytime, including after-hours, holidays, and weekends! Mr. Sullivan can discuss your DUI criminal case and license suspension action. Call us today if you refused the officer’s request for a blood test. Mr. Sullivan has a case in 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 at the trial court, and the prosecution appealed. Many pro-defense appellate rulings may impact the prosecution of your case. Call Chestney & Sullivan today: 404.816.8777

At Chestney & Sullivan, we genuinely empathize with your challenges if you’ve been arrested for a DUI in Alpharetta. We’re here for you every step of the way and are available to discuss your situation whenever you need—day or night, including holidays and weekends! Just give us a call at 404.816.8777.

We understand that being charged with a DUI can be overwhelming, especially if you find yourself at the Fulton County Jail Annex or the main Fulton County Jail in Atlanta. Rest assured, our dedicated team of experienced DUI attorneys is ready to help you confidently navigate your case.

Suppose you’re dealing with charges in the Alpharetta Municipal Court or the Fulton County State Court. In that case, it’s essential to understand that the Alpharetta Municipal Court has joined forces with the Milton Municipal Court at the Milton Municipal Complex, and we’re fully prepared to defend you through this process. Contact us 24/7 at 404.816.8777; we’re here for you!

You may have many questions about your case, including what penalties you may face for a DUI in Alpharetta. What is the court process in Alpharetta Municipal Court? What defenses are there in my DUI 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 most cases, our Alpharetta DUI lawyers 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 protections that are especially important to you and may lead to a successful defense in an otherwise seemingly indefensible DUI case!

We are available to answer any questions you might have. Our experienced Alpharetta DUI lawyers understand the anxiety you may be experiencing. We can put your mind more at ease as we explain the court and investigation process and how we successfully defend DUI charges in Alpharetta Municipal Court or Fulton County State Court. Our DUI lawyers are available anytime to discuss your case—including on weekends! Call us at 404.816.8777 today.

Alpharetta Municipal Court has relocated to the exact location of the Milton Municipal Court at 13690 Highway 9 Building B, Milton, GA 30004. The Alpharetta Police Department is located in the Alpharetta Public Safety Complex at 2565 Old Milton Parkway, Alpharetta, Georgia 30009, at the intersection of Old Milton Parkway and Westside Parkway. The Fulton County Jail Alpharetta Annex is at the exact location. Occasionally, defendants may be transported to the central jail in Atlanta, especially if there is a felony and DUI charges. Our Alpharetta DUI lawyers appear in Alpharetta Municipal Court regularly. The Alpharetta City Council has appointed Judge David C. Will to be the chief judge, and Thomas R. Campbell, Jr. as the associate judge. The solicitor (prosecutor) of your Alpharetta DUI case is  Kelsie Mattox Speight. 

Alpharetta Municipal Court is a “limited jurisdiction” court, meaning they do not have jury trials. If you want a judge to decide your Alpharetta DUI without a jury, that is called a “bench trial.” At a bench trial, the prosecution still has the burden to prove each element of an offense beyond a reasonable doubt, and the judge decides if the prosecution has met its burden. Sometimes, a “bench trial” is a sound strategy; sometimes, it is not. The prosecutor in Alpharetta elects not to conduct bench trials in Alpharetta DUI cases, meaning the DUI case would need to be transferred to Fulton County State Court at the Fulton County Justice Center for a bench or jury trial. 

A jury trial is often the best option to avoid a DUI conviction on your Alpharetta DUI case. Fulton State Court has ten state court judges in the Fulton County Justice Center. Your case will be assigned to one of the ten judges once the Fulton State Court Solicitor files your Alpharetta DUI charge with the Fulton County State Court Clerk’s Office. The vast majority of our cases are handled in Fulton County State Court.

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

Our Alpharetta DUI lawyers know how to challenge an Alpharetta DUI Task Force case. 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 an Alpharetta DUI case is that most of their patrol vehicles are equipped with video and audio. Their video equipment has features like a DVR or TVO that many people have at home for their TVs. Their 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 Alpharetta officers will run their video until it is turned off when they reach the Fulton County Jail Annex or their final destination. Videos can be obtained or viewed through the court process. If you are arrested, you are usually taken to the Fulton County Jail Annex, next to the Alpharetta Police Headquarters. Occasionally, people are transported to the central Fulton County jail in Atlanta. 

How our skilled Alpharetta DUI attorneys build a successful DUI defense:

To build a strong DUI defense in Georgia, your Alpharetta DUI attorney starts by learning everything possible from the information you present. Based on this information, we can find more evidence using specialized resources to determine if your arrest, field sobriety testing, and other details were legal. This determination is the basis for a solid drunken driving defense in Georgia. We gather information from videos, 911 calls, possible surveillance videos, police reports, documents, and road/scene conditions. There are 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 Alpharetta DUI case. Our Alpharetta DUI attorneys 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 effectively ensures we have covered all the bases when defending your Alpharetta DUI charge.

Can you enter a guilty plea yourself and avoid hiring an experienced Alpharetta DUI defense lawyer?

You can enter a guilty plea yourself and avoid hiring an experienced Alpharetta DUI lawyer. However, 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 Alpharetta Municipal Court or Fulton County State Court. Even if you think you are guilty and may not want to fight your Alpharetta DUI case all the way, there are matters that a skilled Alpharetta 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 can jeopardize your driving privileges if you go to court and enter a guilty plea. If an Alpharetta 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 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 Alpharetta DUI criminal charges and the license suspension action can improve your chances of being able to drive.
• Other charges besides your Alpharetta DUI charge may be more severe and carry more punishment than the DUI charge itself.
• Sometimes, the prosecutor gives a bad plea offer. Even if you decide not to contest your case, an experienced Alpharetta DUI attorney who is familiar with the Alpharetta Municipal Court and 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, or you may decide to take your case to 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 ALPHARETTA DUI CRIMINAL CHARGES ARE PENDING IN COURT

Besides your DUI case pending in Alpharetta Municipal Court, you will likely face an administrative license suspension (ALS) – a separate action from your criminal case handled through the Office of State Administrative Hearings. There is only a limited time to request this separate hearing to preserve your driving privileges. If you have been charged with a DUI in Alpharetta, chances are the officer served you with a notice of a license suspension. 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 Alpharetta DUI officer to serve you notice of a license suspension. The form that is used is called a DDS-1205 form. This form is either yellow or white; the Alpharetta DUI 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 Alpharetta 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 physically received a DDS-1205 form, you need to 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 Alpharetta DUI lawyer]:

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

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

   The traditional track that has been the law for many years now is to request an administrative hearing, except now there are thirty days instead of ten business days to act. This track is where a request for an administrative hearing is submitted to the Georgia Department of Driver Services challenging the Alpharetta 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 Alpharetta 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. Please know that Alpharetta police officers almost always attend administrative license suspension hearings. They typically will not make any agreements to withdraw a suspension action unless a defendant agrees to enter a guilty plea to DUI.

3. Properly waive your right to an administrative hearing in your Alpharetta DUI case and have an ignition interlock installed:

   This track came into effect July 1, 2017. You can waive your right to an administrative hearing in your Alpharetta DUI case and have an ignition interlock installed.  If this is your first DUI arrest in five years, you would be able to drive in the state of Georgia and fight their Alpharetta 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 Alpharetta 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 Alpharetta 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 Alpharetta DUI arrest, the person can still opt for track 2 – requesting an administrative hearing, or track 1 – do nothing at all;
• A driver must surrender their Georgia driver’s license, either to the Alpharetta DUI arresting 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 Alpharetta 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 Alpharetta 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 Alpharetta 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;
• Driving to 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;
• Appearing in 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.

Please contact us today at 404.816.8777 to discuss your Alpharetta DUI case with our experienced DUI defense lawyers. Our dedicated Alpharetta DUI lawyers are experienced in fighting DUI charges and license suspension actions. We can review your case, prepare a strategy for your criminal case, and save your license.

So, I decided to properly request a hearing within 30 days of the date of my Alpharetta Driving Under the Influence arrest. What happens next?

The license suspension action is a civil action separate from your Alpharetta Driving Under the Influence criminal case. It only deals with your license or privilege to drive in this state. A separate court from your Alpharetta 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, where a hearing will be scheduled before an OSAH judge.  A hearing date is typically set roughly 60 days from your Alpharetta 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 DUI license suspension hearing is limited:

At a hearing, the OSAH judge has a limited role in deciding your Alpharetta DUI license suspension 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 OSAH judge’s only role in a license suspension hearing is to determine if the following factors were met:

• Whether the Alpharetta 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
• Was the driver 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 Alpharetta 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
• Did the driver refuse 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 license suspension hearing conducted in my Alpharetta DUI case?

The judge will enforce the Georgia Rules of Evidence and the Administrative Rules of Procedure, similar to other court proceedings. The officer testifies first because the burden is on the Alpharetta 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. Your Alpharetta DUI officer is then subject to cross-examination. Sometimes, our Alpharetta DUI lawyers may 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. The decision is also posted online. 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 administrative license suspension hearing?

Suppose the OSAH judge finds that one or more of the applicable statutory factors above are unmet. 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. This does not mean that your Alpharetta Driving Under the Influence criminal case is being dismissed. Still, a license suspension hearing can be an excellent tool for our Alpharetta DUI lawyers to gain an advantage in your criminal case.

What happens if I lose my hearing?

Suppose the OSAH 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, your license may be suspended because the burden on the Alpharetta DUI officer is too low to meet in these hearings. However, our Alpharetta DUI lawyers still may be able to gain an advantage in the criminal case based on testimony from the hearing. The decision can be appealed if the judge commits a ruling error.

Can I handle the hearing myself?

Because a license suspension from a Georgia DUI arrest is a very complex subject that even many lawyers don’t understand, our Alpharetta DUI lawyers strongly encourage you to contact us right away to discuss your Driving Under the Influence charge in Alpharetta. Too many variables can impact your driving privileges, which will be discussed here without knowing the specific facts of your DUI case and your prior criminal history. Remember, you only have 30 days to request an administrative hearing through the Georgia Department of Driver Services.

Map of the location of Alpharetta Municipal Court

Alpharetta Municipal Court and Alpharetta Court Services are located at 113690 GA-9, Milton, GA 30004. A map of the location of Alpharetta Municipal Court and Alpharetta Court Services is below:

As a warning to drivers, the Governor’s Office of Highway Safety (GOHS) regularly mobilizes high-visibility DUI campaigns, including Click it or Ticket, Operation Zero Tolerance, Drive Sober or Get Pulled Over, and others. The Georgia State Patrol and Alpharetta Police enforce the 100 Days of Summer H.E.A.T campaign for the entire summer from mid-May to Labor Day. Georgia State Patrol and the Alpharetta Police Department have implemented aggressive traffic violations, have increased concentrated patrols, and frequently use sobriety checkpoints (roadblocks) during holiday seasons or significant events. With people going out to restaurants and attending concert venues in Alpharetta, there are more concentrated DUI patrols around the Alpharetta City Center, Avalon, and Ameris Bank Amphitheatre. Georgia State Patrol and the Department of Public Safety (DPS) issued a press release that they were conducting high visibility patrols this past Labor Day weekend. 

The Governor’s Office of Highway Safety (Georgia GOHS) and the National Highway Traffic Safety Administration (NHTSA) constantly post warnings about DUIs on social media. Here are recent posts on Facebook and X (formerly Twitter) by Alpharetta Department of Public Safety, the Georgia Governor’s Office of Highway Safety (Georgia GOHS) and NHTSA  about the dangers of impaired driving, to never drink and drive and to drive sober:

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/jzH7m5EqQ1

— Georgia Governor’s Office of Highway Safety (@gohsgeorgia) October 3, 2024

If you are facing an Alpharetta DUI charge, a license suspension action, or have been ticketed for a serious traffic offense, call our experienced Alpharetta 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.