Experienced Atlanta DUI Lawyers at Chestney & Sullivan

If you are arrested for a DUI in Atlanta, our experienced Atlanta DUI lawyers at Chestney & Sullivan are available to discuss your Atlanta Driving Under the Influence case anytime – including after-hours, holidays, and weekends! We understand that DUI arrests occur at the most inconvenient time, so we are available to discuss your case over the Christmas and New Year’s holidays. Call us at 404.816.8777. If you refuse the officer’s request for a breath or blood test or are tested above the legal limit, action must be taken within 30 days concerning your driving ability. We can review your case and discuss how we can successfully defend your DUI charges in Atlanta and save your ability to drive. Mr. Sullivan successfully argued to suppress a blood test refusal in Fulton County that the prosecution appealed to the Georgia Supreme Court. Briefs are being filed; we expect oral arguments to occur in the next few months. Mr. Sullivan can discuss how his case may positively impact defenses in your Atlanta DUI case. We offer a free in-office consultation to talk about how we can effectively defend your Atlanta DUI. 404.816.8777

Were you arrested and charged for a DUI in Atlanta? 

Being arrested for an Atlanta Driving Under the Influence charge can be a stressful experience. We know what you are going through and are here for you. If you have been charged with a DUI in Atlanta, speak to our experienced Atlanta Municipal Court DUI lawyers, who can discuss your Atlanta Driving Under the Influence case anytime – including after-hours, holidays, and weekends. Our experienced Atlanta DUI attorneys understand the anxiety you may be experiencing. You may have to travel out of town before your court appearance. You probably have many questions about your case, including what penalties you may face if convicted of an Atlanta DUI. What is the court process for Driving Under the Influence charges in Atlanta? What defenses are there in my DUI case? You may also have concerns about your ability to drive and a possible license suspension. We can put your mind more at ease as we explain the court process and how we thoroughly investigate and successfully defend DUI charges in Atlanta Municipal Court or Fulton/DeKalb County state courts. Mr. Sullivan offers a free in-office consultation to discuss how we can protect your Atlanta DUI effectively. People come to Chestney & Sullivan because we provide the absolute most vigorous defense available to those facing DUI charges in Atlanta. And in the majority of our cases, we can protect their freedom, ability to drive, and criminal record. You may not feel at this time that you have a solid chance to avoid a conviction for the Atlanta DUI charges you face. But the law provides significant protections to you and may lead to a successful defense in an otherwise seemingly indefensible case! Our firm knows how Driving Under the Influence cases are handled in Atlanta Municipal Court and Fulton or DeKalb state courts. Whether you were arrested by Atlanta Police Uniform Patrol, MARTA Police, or Atlanta Police DUI Task Force – essentially handled through their Special Operations Section, including their TTU unit (Tactical Traffic Unit) and Accident Investigations Unit, their recently re-instituted H.E.A.T./H.I.T.T. Unit, or you were arrested by the Georgia State Patrol Nighthawks, our DUI lawyers are prepared to defend your Atlanta DUI vigorously. APD was recently awarded a H.E.A.T. grant from the Governor’s Office of Highway Safety (GOHS) of $170,779.81. The H.E.A.T. unit must abide by particular conditions of the grant, including high-visibility sober driving campaigns.  APD tragically lost one of their officers, Gail Thomas, allegedly due to a drunk driver, so they taking DUIs seriously.

Your first court appearance and the court process in your Atlanta Driving Under the Influence case:

The court process for a Driving Under the Influence charge in Atlanta Municipal Court begins with an arrest for DUI within the city limits of Atlanta.  We are seeing preset bonds lately at the Atlanta City Jail in DUI cases, although the Atlanta City Council has not officially changed the bond process in its city ordinances. Ordinarily, suppose you were booked in the Atlanta City Detention Center (Atlanta City Jail) on misdemeanor DUI charges. In that case, you will likely have a bond hearing scheduled in Atlanta Municipal Court the next day.

Atlanta Municipal Court instituted a policy requiring individuals arrested for DUI in Atlanta to appear in Atlanta Municipal Court very soon after the date of arrest if an attorney does not represent them. This can be a problem if you work or are due to travel out of town before your next court appearance. We typically have court in Atlanta Municipal Court several days each week and can appear on our client’s behalf in most cases without our client having to attend court.  

Who are the prosecutors and judges in my Atlanta Driving DUI charge?

All Atlanta DUI cases pending in Atlanta Municipal Court were assigned to Judge Terrinee Gundy. However, Judge Teresa Mann is now presiding over DUI cases. The prosecutors (called solicitors) represent the City of Atlanta/State of Georgia in prosecuting your Atlanta case. There are three prosecutors in Judge Mann’s court: Luther Dennis, Courtney Sallette, and Steve West. Cases are divided between the prosecutors based on your last name. The Solicitor General is Raines Carter, who oversees the team of prosecutors in each of the nine courtrooms in Atlanta Municipal Court, including Judge Mann’s court.  

Judge Mann moves her court cases quickly, so it is essential to hire an attorney right away so that the attorney can investigate possible defenses in your case. Otherwise, the court or the prosecution, on its own motion, will send your case to state court for prosecution. If that happens, you may lose a valuable opportunity to conduct a timely investigation into the facts of your case and negotiate a successful resolution to your charges in Atlanta Municipal Court. If your case is sent to Fulton or DeKalb County State Court, it may be months before an investigation can be completed. 

What if I was booked into the Fulton County Jail on my Atlanta Driving Under the Influence charge?

Suppose you were booked into the Fulton County Jail. In that case, your Atlanta DUI charges will not be scheduled in Atlanta Municipal Court. Instead, they will be filed at some point in Fulton County State Court or Superior Court, depending on whether your charge is a misdemeanor or felony. Also, if the Georgia Tech Police arrested you, you would be booked into the Fulton County Jail, and your case would start in the Fulton County court system, not the Atlanta Municipal Court. If you are unsure which jail you were booked, the Atlanta City Detention Center is at 254 Peachtree Street, SW, Atlanta, Georgia 30303. The Fulton County Jail is at 901 Rice Street, Atlanta, Georgia 30318.

What if I was booked into the Dekalb County Jail on my Atlanta Driving Under the Influence charge?

Suppose your Atlanta DUI arrest occurred within the Atlanta city limits but in DeKalb County. In that case, you will only be brought to the DeKalb County Jail, located at 4425 Memorial Drive, Decatur, Georgia 30032, if there is a felony or an additional misdemeanor charge that the Atlanta Municipal Court has no jurisdiction to handle. Otherwise, you will be booked in the Atlanta Pretrial Detention Center, and your DUI charges in Atlanta will begin at the Atlanta Municipal Court with Judge Mann. 

Our Atlanta DUI defense attorneys are available 24 hours a day, 7 days a week, at 404.816.8777 to discuss your Atlanta Driving Under the Influence case free of charge. If hired, we can appear for you at your arraignment, excusing you from appearing in court until a final resolution date.

Should I wait to hire a defense attorney in my Driving Under the Influence case in Atlanta?

Having a defense attorney represent you on your Atlanta Driving Under the Influence case would be best. It is essential to get started on an investigation for your defense in your Atlanta DUI case right away because of the short timeline the court has scheduled for Atlanta DUI cases. Also, your Atlanta DUI officer or Georgia State Patrol Trooper likely initiated an administrative license suspension action against your driver’s license (serving you a DDS-1205 form).  In that case, you only have 30 days from your Atlanta DUI arrest date to request a hearing with the Georgia Department of Driver Services or otherwise face a suspension of your driving privileges (a separate civil action in a different court from your Atlanta DUI criminal case).

While your Atlanta DUI charges are pending in Atlanta Municipal Court, and once a thorough investigation is complete, a decision will need to be made as to how you want to resolve your Atlanta DUI case, be it a negotiated plea with the prosecutor, a bench trial in Atlanta Municipal Court in front of Judge Mann, or a jury trial in either Fulton or DeKalb Counties, depending on where the arrest occurred. Our experienced Atlanta DUI attorneys conduct a thorough investigation into your Atlanta Driving Under the Influence charges so a strategic decision can be made on how to best position and defend your DUI case, whether in Atlanta Municipal Court, Fulton, or DeKalb state courts.

Can I have a jury trial for my DUI in Atlanta Municipal Court?

No, the Atlanta Municipal Court does not conduct jury trials (even though the Atlanta Municipal Court building was constructed to accommodate jury trials). The City of Atlanta lost the ability to conduct jury trials in 2005 by an act of the Georgia Assembly when the Atlanta Traffic Court and Atlanta Municipal Court merged. Because Atlanta Municipal Court is a court of “limited jurisdiction,” if you want to have a jury trial, your Atlanta DUI case must be transferred to either Fulton County or DeKalb County State Court. Suppose you want your Atlanta DUI case kept in Atlanta Municipal Court for trial. In that case, it will be a “bench trial,” meaning that Judge Mann decides whether the prosecution has met its burden beyond a reasonable doubt rather than a jury making that decision. 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 Driving Under the Influence conviction in your Atlanta DUI case.

If a jury trial is requested and your Atlanta DUI case occurred within the borders of Fulton County, then it will be transferred to Fulton County State Court for a jury trial.  Fulton State Court currently has ten state court judges. The current Solicitor General of Fulton County is Keith Gammage (the elected prosecutor for misdemeanor cases). Generally, two assistant solicitors will be assigned to each courtroom in Fulton County State Court. Once the solicitor’s office reviews your Atlanta DUI case, your case will be transferred to one of the ten judges once the Fulton State Court Solicitor files your charges with the Fulton County State Court Clerk’s Office. 

If a jury trial is requested and you were arrested for your Atlanta DUI within the borders of DeKalb County, then your Atlanta DUI case will be transferred to DeKalb County State Court for a jury trial. The DeKalb County Solicitor’s Office prosecutes your DeKalb County DUI in state court. The current elected Solicitor General of DeKalb County is Donna Coleman-Stribling. Generally, two prosecutors are assigned to each  DeKalb County State Court courtroom. DeKalb State Court currently has seven state court judges in Division A and four state court judges in Division B (formerly DeKalb Recorder’s Court). Your case will be assigned to one of the judges using a selection formula set up by the DeKalb County Court. Each judge handles their caseloads differently. 

Because our Atlanta DUI defense attorneys frequently try cases in Fulton and DeKalb Counties, we are familiar with the judges and prosecutors handling your case.

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

To build a strong defense in your Atlanta DUI case, your Atlanta DUI lawyer should start by learning everything possible from the information you present to the lawyer. Based on this information, our firm can find more evidence using specialized resources to determine if your Atlanta DUI arrest testing and other details were accurate and legal. This determination is the basis for a solid drunken driving defense in Atlanta, Fulton, and DeKalb counties. Our in-house DUI investigator gathers information, videos, 911 calls, possible surveillance videos, police reports, documents, road/scene conditions, and more. 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 Atlanta DUI case. Our Atlanta 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 license suspension hearings, preliminary/committal motion hearings, and trial. Our team approach effectively ensures we are prepared to defend your Atlanta DUI, meaning that all our DUI lawyers collaborate on each of their cases at every stage.

Can I enter a guilty plea to Driving Under the Influence myself and avoid hiring an experienced Atlanta DUI lawyer?

There is a saying that “a person who represents himself has a fool for a client.” Representing yourself and entering a guilty plea to Driving Under the Influence is not a wise idea. Atlanta DUI arrests are one of the most serious cases that are prosecuted in the Atlanta Municipal Court or State Court. Even if you think you are guilty and may not want to fight your Atlanta DUI case all the way, there are matters that a skilled Atlanta DUI 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:

• If you represent yourself, you can jeopardize your driving privileges if you go to court and enter a guilty plea. Suppose an Atlanta DUI Task Force or Georgia State Patrol Nighthawk DUI Task Force officer has arrested you. In that case, you should have been notified of an administrative license suspension action. By entering a guilty plea without adequately addressing this license suspension action, you will not be able to get a limited permit (if you are eligible to get one at all) unless the administrative action is conducted correctly.
• If your license or privilege to drive is administratively suspended for refusing the Atlanta DUI officer’s chemical test from losing a license suspension hearing or failing to address a suspension action within 30 days from the date of your arrest, your Georgia driver’s license or driving privileges will be suspended for one year with NO PERMIT. An Atlanta DUI lawyer properly coordinating and handling the Atlanta DUI criminal charges and the administrative license suspension action can improve your chances of being able to drive and avoiding a conviction in your Atlanta DUI case.
• Other charges in addition to your Atlanta DUI charge may be more severe and carry more punishment than the DUI charge itself, such as felony drug charges, Vehicular Homicide, DUI Child Endangerment, or Fleeing and Attempting to Elude. These charges sometimes carry more penalties than the Atlanta DUI charge – and could make you a Habitual Violator if not appropriately handled.
• Sometimes, the prosecutor may give a lousy plea offer. Even if you decide not to contest your Atlanta DUI case, an experienced Atlanta DUI attorney familiar with Atlanta Municipal Court and Fulton/DeKalb County State or Superior Courts can assess a plea offer to determine if it is worth taking or rejecting.
• 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. You may inadvertently make incriminating statements that a prosecutor can use against you if an attorney does not represent you.
• 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. 

The Administrative License Suspension Process and your Atlanta DUI

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

Besides your DUI criminal case pending in Atlanta Municipal Court, you are likely facing an administrative license suspension. There are only two circumstances in which an officer can initiate a suspension action against your driver’s license: 1. you refused the state chemical test after Georgia implied consent notice was read to you, or 2. you agreed to the state’s test after the implied consent notice was read to you, and you were above the statutory limit. If either occurred, the officer is required by statute to initiate a license suspension action against you. There is only a limited time to request this separate hearing that the Office of State Administrative Hearings conducts to preserve your driving privileges. If you have been charged with a DUI in Atlanta, the Atlanta officer or Georgia State Trooper likely served you with a license suspension notice. The notice that is used is a form 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). Atlanta DUI Task Force officers will always issue an administrative license suspension notice if you refuse or test over the legal limit. 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.

Regardless of whether you have received a DDS-1205 form from your Atlanta DUI officer or Georgia State Trooper, it is vitally essential for you to understand that you only have 30 days to request a hearing to try 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 Atlanta DUI lawyer]:

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

   In most cases, we do not recommend this path. 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 permit to drive. Even if you did not receive the DDS-1205 form, we still recommend that you take some action instead of doing nothing. However, there are limited circumstances where our Atlanta DUI lawyers advise our clients not to request an administrative hearing and do nothing while their Atlanta DUI case is pending, but those circumstances are scarce.

2. Request an administrative hearing in your Atlanta DUI case:

   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 in your Atlanta DUI case is submitted to the Georgia Department of Driver Services challenging the 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 the Atlanta DUI officer’s request for a state-administered chemical test of your breath, blood, urine, or other bodily substances. Georgia DDS requires a $150 fee to process a request for an administrative hearing. I’ve talked about the hearing process in more detail below. Most of the Atlanta DUI Task Force Officers attend administrative license suspension hearings. Generally, they will not withdraw an administrative suspension action unless a driver agrees to plead guilty to DUI. We can let you know how to handle these hearings. 

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

   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 Atlanta DUI criminal charges 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 will 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 Atlanta DUI officer’s request for a state-administered chemical test. If you choose this track, we highly advise installing the ignition interlock first, then going to DDS within 30 days from the date of arrest to obtain the ignition interlock permit (a checklist to see if you are eligible for the ignition interlock device permit is attached). 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 ALS by the Atlanta DUI arresting officer or Georgia State Patrol Trooper 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;
• A driver 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;
• A driver cannot have any prior convictions for DUI in the 5 years preceding application for the permit. If there is an Atlanta DUI arrest with a DUI conviction within 5 years of the current 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 arresting officer at the time of arrest or to DDS before issuance of the permit; and,
• There is a $25.00 permit fee needs to be paid to the Georgia Department of Driver Services. 

The period during which 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 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 Atlanta 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 Atlanta 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.

Contact us today at 404.816.8777 to discuss your Atlanta DUI arrest with our experienced defense lawyers. Our dedicated Atlanta Municipal Court DUI lawyers are also experienced in handling administrative license suspension actions. We can review your case and prepare a defense strategy for your Atlanta DUI criminal charges and license suspension hearing.

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

The license suspension action is a civil action separate from your Atlanta DUI criminal charges and only deals with your license or privilege to drive in this state. A separate court from your Atlanta DUI criminal case prosecutes this proceeding. 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 OSAH. Typically, a hearing date 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 the OSAH judge.

The scope of the license suspension hearing is minimal:

The license suspension hearing for your Atlanta DUI case is held at the Office of State Administrative Hearings Headquarters at 225 Peachtree Street NE, Suite 400, Atlanta, GA 30303. The Administrative Law Judge who usually presides over the Atlanta suspension hearings is Chief Judge Michael Malihi. Judge Malihi has a minimal role at a hearing 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. Judge Malihi’s only role in this civil action against your driving privileges is to determine if the following factors were met by a preponderance of the evidence (less than the beyond-a-reasonable doubt standard at criminal trials):

• Whether your Atlanta DUI law enforcement officer or Georgia State Trooper 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 Atlanta DUI officer or Georgia State Trooper 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 given 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?

Judge Malihi will enforce the Georgia Rules of Evidence at the OSAH hearing. Because the burden is on your Atlanta DUI officer or Georgia State Trooper to establish that the statutory factors were met, the DUI officer testifies first. If your Atlanta DUI officer is a Georgia State Trooper, an attorney paid by the State of Georgia assists the Georgia State Trooper with direct examination. The attorney who represents the Georgia State Troopers is Dee Brophy. Once the direct examination is complete, the Atlanta DUI officer or Georgia State Trooper is subject to cross-examination. An administrative hearing is not the same as a criminal trial, and the strategy in conducting these hearings is designed to try to win the administrative hearing if we can. Still, we also create our plan for these hearings to improve our legal position for criminal motions hearings and trials. When conducting these hearings, there are limited times when 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, either by the officer or Dee Brophy – the attorney representing Georgia State Patrol. Once the testimony and presentation of the evidence are finished, each side can make a closing argument. Judge Malihi will then make a decision typically within five business days and will transmit that decision to the Georgia Department of Driver Services and post it on its website. 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 DUI license suspension hearing?

Suppose Judge Malihi finds that one or more of the applicable statutory factors above were not met at the Atlanta DUI license suspension hearing. In that case, the judge will issue an order reversing the suspension action. The Office of State Administrative Hearings will then transmit the order to the Georgia Department of Driver Services. Then, Georgia DDS will delete the suspension action from your driver’s history. This does not mean that your Atlanta DUI charges are being dismissed, but this hearing can be a great tool to gain an advantage in your Atlanta DUI criminal case.

What happens if I lose the OSAH license suspension hearing?

Suppose at the OSAH hearing; the judge finds that all applicable statutory factors were met in your Atlanta DUI license suspension hearing 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 and transmit the order to the Georgia Department of Driver Services, which will then be suspended. Again, your license may be suspended because the burden on the Atlanta DUI officer or Georgia State Trooper is too low to meet in these hearings. However, we still may be able to gain an advantage in the Atlanta DUI criminal case based on testimony from an administrative hearing. The decision can be appealed if the judge commits a ruling error. Suppose you are found not guilty of DUI or your Atlanta DUI charge is “reduced” to a lesser traffic offense. In that case, the suspension is lifted by operation of law as soon as the Georgia Department of Driver Services receives notice of the disposition of the case.

Can I handle the OSAH hearing myself in my Atlanta DUI case?

It is not a good idea to represent yourself at the OSAH hearing. Because a license suspension action from a Georgia DUI arrest is a very complex subject that even many lawyers don’t understand, we strongly encourage you to contact us to speak to an Atlanta DUI attorney right away to discuss your Atlanta DUI arrest. Too many variables can impact your driving privileges, which will be discussed here without knowing the facts of your Atlanta DUI charges and your prior criminal history. Remember, you only have 30 days to request a hearing and a $150 processing fee through the Georgia Department of Driver Services.

A warning to drivers:

As a warning to drivers, the Governor’s Office of Highway Safety enforces multiple safe driving campaigns like its 100 Days of Summer H.E.A.T. and Click It or Ticket campaigns every year. Click It or Ticket ran from May 13 through June 2 and just completed a campaign over the Thanksgiving holiday weekend. Operation Zero Tolerance ran from June 24 through the Fourth of July holiday until July 7. The Drive Sober or Get Pulled Over was conducted from August 14 through Labor Day and will run again mid-December through New Year’s Day. The Atlanta Police HEAT Unit and Georgia State Patrol stepped up DUI enforcement, including sobriety checkpoints throughout holiday weekends. Georgia State Patrol built a new state patrol post in Buckhead at the Governor’s Mansion after receiving funding from the Georgia Legislature.

The Governor’s Office of Highway Safety (GOHS) oversees the Atlanta Police HEAT Unit. NHTSA has already been active on social media, warning about the dangers of drinking and driving sober.  Here are Facebook and X (formerly Twitter) posts from the Atlanta Police Department, Georgia Governor’s Office of Highway Safety (GOHS) to never Never drive under the influence of alcohol or drugs, and to use a sober driver:

If you have to ask if you’re okay to drive, then you already know the answer. #DriveSober or Get Pulled Over pic.twitter.com/nlmpb3RLJF

— Georgia Governor’s Office of Highway Safety (@gohsgeorgia) December 19, 2024

Call our experienced Atlanta DUI lawyers today:

If you are facing an Atlanta Driving Under the Influence charge, license suspension action, or have been ticketed for a serious traffic offense, contact our experienced Atlanta Drunk Driving attorneys 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. An Atlanta DUI lawyer is available 24 hours a day, 7 days a week.

Atlanta Municipal Court location:

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