Experienced Chamblee DUI Lawyers

If you have been arrested in Chamblee for a DUI, our experienced lawyers at Chestney & Sullivan can speak with you anytime about your Driving Under the Influence charges in Chamblee Municipal Court, including after-hours, holidays, and weekends! We can discuss defenses to your DUI charge and a likely license suspension action you may be facing that is separate from the DUI case itself. Suppose you refused the Chamblee officer’s request for a blood test. In that case, Mr. Sullivan argues before the Georgia Supreme Court that a defendant’s right to refuse the state blood test cannot be used against him at trial. He won that case at the trial court level, and the prosecution appealed the case to the Georgia Supreme Court. We can discuss how recent appellate cases may help defend your Chamblee DUI in municipal or DeKalb State Court. Call Chestney & Sullivan today at 404.816.8777

Charged with a DUI in Chamblee?

We understand what you are going through, and our lawyers are available to discuss your case to put your mind at ease. If you are charged with a DUI in Chamblee, our experienced Chamblee DUI Lawyers fight Driving Under the Influence and traffic charges in Chamblee Municipal Court or DeKalb State Court. We are available anytime to discuss your Chamblee DUI case, including after-hours, holidays, and weekends!

We can review your case’s facts, the court process, and possible defenses to your Chamblee DUI. Our Chamblee DUI lawyers appear in Chamblee Municipal Court regularly.  The Chief Judge of the Chamblee Municipal Court is Chief Judge William Brogdon. Judge Moran, Judge Nusch, Judge Jennifer Mann, Judge David Carter, and Judge Laurel Henderson are associate judges.  The solicitor (prosecutor) is Josie Stevens.  Ms. Stevens is contracted with the City of Chamblee to prosecute your Chamblee driving under the influence case.  Chamblee Municipal Court sessions are held in the new public safety building at 445 Buford Highway, Chamblee, GA 30341. They no longer use Chamblee Civic Center, 3540 Broad Street, or the clerk’s office at the old police station and jail. 

Chamblee Municipal Court is a “limited jurisdiction” court, meaning they do not have jury trials.  If you want a judge to decide your Chamblee DUI case 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.  The judge in Chamblee Municipal Court or DeKalb State Court then decides if the prosecution has met its burden; if not, you are acquitted.  Sometimes, a “bench trial” is a sound strategy; sometimes, it is not.

If you demand a jury trial, Chamblee Municipal Court loses jurisdiction over your case.  Your case is then transferred to either DeKalb County State Court if it involves only misdemeanor charges or DeKalb County Superior Court if there are felony charges.  Sometimes, preserving your right to a jury trial and sending your Chamblee DUI case to the State or Superior Court is the best option to avoid a DUI conviction if the prosecutor in Chamblee Municipal Court refuses to negotiate an acceptable resolution.  Some DeKalb municipal courts will not allow a DUI case to be tried in their jurisdiction.  Suppose the municipal court refuses to have a trial but won’t negotiate a non-DUI disposition. In that case, sending your DUI case to DeKalb County State or Superior Court is the only option.

The DeKalb Police Department made my arrest. Will my case be in Chamblee Municipal Court?

Suppose your misdemeanor Chamblee DUI case was made by the DeKalb County Police Department uniform patrol officers or the DeKalb Police S.T.A.R. Team/DeKalb DUI Task Force Officers or Georgia State Patrol. In that case, your case will begin in DeKalb County State Court.  The DeKalb County Solicitor’s Office prosecutes your DeKalb County DUI in State Court. The current elected DeKalb Solicitor General is Donna Coleman-Stribling.  Generally, two prosecutors from the DeKalb County Solicitor’s Office are assigned to each  DeKalb County State Court courtroom.

DeKalb State Court currently has seven state court judges in Division A.  Your case will be assigned to one of the seven judges by a selection formula set up by the DeKalb County Court.  Each judge handles their caseloads differently, so DeKalb DUI lawyers must know how each courtroom operates.  Our Chamblee DUI defense lawyers try cases in DeKalb County regularly.  Because our Chamblee DUI lawyers frequently contest DUI cases in DeKalb County State Court, we know the judges and solicitors handling your case.

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

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

Can I plead guilty and avoid hiring an experienced Chamblee DUI defense lawyer?

There is a saying that “a person who represents himself has a fool for a client.”  DUI cases are among the most severe cases prosecuted in Chamblee Municipal Court.  Even if you think you are guilty and may not want to fight your case all the way, there are matters that a skilled Chamblee DUI lawyer is better able to handle than someone representing himself 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 by yourself, especially if you have DUI Child Endangerment charges in addition to your DUI charges.  Suppose you have been arrested by a Chamblee DUI officer, DeKalb County S.T.A.R. Team DUI Task Force officer (or any Georgia police officer). In that case, 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 and unless the license suspension action is conducted correctly.
• If your license is suspended for refusing the State’s chemical test from losing a suspension hearing or failing to address a license suspension action within 30 days from your arrest, your Georgia driver’s license or driving privileges will be suspended for a year with NO PERMIT.  Properly coordinating and handling the criminal case and the license suspension action can improve your chances of being able to drive.
• Other charges besides your Chamblee DUI 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 you a lousy plea offer.  Even if you decide not to contest your case, an experienced Chamblee DUI attorney who is familiar with Chamblee Municipal Court, as well as DeKalb County State Court or Superior Court, can assess a plea offer to determine if it is worth taking or moving your case to state court, or you may decide to take your case to trial.
• 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.
• 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. 

Administrative license suspension:

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

Besides your DUI criminal case pending in Chamblee Municipal Court or the State Court in DeKalb County, you are likely facing an administrative license suspension action.  There is only a limited time to request this separate hearing to preserve your driving privileges.  Whether you refused the Chamblee DUI officer’s chemical test or the breath test results indicated an alcohol concentration above the legal limit, Georgia law requires your Chamblee DUI officer to serve you notice of an administrative license suspension.  The form that is used is called a DDS-1205 form.  This form is either yellow or white; your Chamblee 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 Chamblee 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.

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 Chamblee DUI lawyer]:

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

   In most cases, our Chamblee DUI lawyers do not recommend this path. If you do nothing and your Chamblee DUI officer initiates an administrative license suspension action, then on the 46^th day after the date of 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 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 Chamblee 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 is submitted in your Chamblee DUI case to the Georgia Department of Driver Services challenging the Chamblee 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 the Chamblee DUI officer’s request for a state-administered chemical test of your breath, blood, urine, or other bodily substances.   

3. Properly waive your right to an administrative license suspension hearing and have an ignition interlock installed:

   This track came into effect July 1, 2017.  This allows Georgia licensed drivers with a first DUI arrest in five years to drive in Georgia and fight their Chamblee DUI criminal case without losing the privilege to drive.  It comes with a cost, of course.  It involves waiving your right to an administrative license suspension 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 Chamblee DUI officer’s request for a state-administered chemical test.  If you choose this track, our Chamblee DUI lawyers highly advise installing the ignition interlock first and then going to DDS within 30 days from the date of arrest to obtain the ignition interlock 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 ALS by the Chamblee 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 Chamblee 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 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 Chamblee 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 Chamblee DUI charge or the underlying Chamblee 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 Chamblee 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.

Please call 404.816.8777 to discuss your Chamblee DUI case with our experienced DUI defense lawyers. Our dedicated Chamblee 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 an administrative license suspension hearing within 30 days of my Chamblee DUI arrest. What happens next?

The license suspension action is a civil action separate from your criminal case and only deals with your license or privilege to drive in this state.  The administrative license suspension action is litigated by a separate court from your criminal case.  Once the Georgia Department of Driver Services processes your request for a hearing, your case is sent to the Georgia Office of State Administrative Hearings (OSAH), where a hearing will be scheduled in front of a judge from that agency.  A hearing date is typically set roughly 60 days from your Chamblee 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 administrative license suspension hearing is minimal:

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

• Whether your Chamblee DUI officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391 (the DUI statute); or
• Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality and
• Whether at the time of the request for the test or tests the Chamblee 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 administrative license suspension hearing conducted?

The judge will enforce the Georgia Rules of Evidence like other court proceedings at your administrative license suspension hearing.  The officer testifies first because the burden is on the Chamblee 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 Chamblee DUI officer is then subject to cross-examination.  Sometimes, our Chamblee DUI lawyers 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 typically decide within five business days and transmit that decision to the parties and the Georgia Department of Driver Services.  If there is an error in how the judge ruled, an appellate process is available to review the court’s decision.

What happens if I win my Chamblee DUI case’s administrative license suspension hearing?

Suppose the judge finds that one or more of the applicable statutory factors above were not met at your license suspension hearing. 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. Then, the Georgia DDS will delete the license suspension action from your driver’s history (no administrative license suspension).  This does not mean that the criminal Driving Under the Influence charge in Chamblee is being dismissed. Still, an OSAH license suspension hearing can be an excellent tool for our Chamblee DUI lawyers to gain an advantage in your Chamblee DUI criminal case.

What happens if I lose my license suspension hearing?

Suppose the judge finds that all applicable statutory factors were met by a preponderance of the evidence (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.  Because the burden on the Chamblee DUI officer is so low to meet in these license suspension hearings, there is a good possibility that your license may be suspended. However, our Chamblee DUI lawyers still may be able to gain an advantage in the criminal case based on the testimony from the hearing.  The decision can be appealed if the judge commits a ruling error.  Also, if your Chamblee DUI charge is reduced or dismissed, or you are found not guilty, the suspension is lifted and deleted from your driver’s history as a matter of law.

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

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

Warning to drivers:

As a warning to drivers, the Governor’s Office of Highway Safety conducts sober driving campaigns throughout the year.  Georgia State Patrol, along with the Chamblee Police Department, annually enforces its 100 Days of Summer H.E.A.T campaign from Memorial Day through Labor Day.  Operation Zero Tolerance ran from June 24 through the Fourth of July holiday.  The Drive Sober or Get Pulled Over campaign was conducted from August 14 through Labor Day, September 2, and will run again from mid-December through New Year’s Day. Law enforcement agencies have geared back up for impaired driving enforcement. In 2022, Chamblee Officer Roy Collar was struck and suffered injuries by an alleged drunk driver, so they took DUIs in Chamblee seriously. However, Officer Coller is facing criminal child pornography charges and has been relieved of his duties. We doubt he will be showing up to court on DUI cases he made. 

Here are Facebook, X (formerly Twitter), and Instagram posts from the Georgia Governor’s Office of Highway Safety (Georgia GOHS) urging people to never drive under the influence of alcohol or drugs, and instead 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 Chamblee DUI lawyers today:

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

Map of Chamblee Municipal Court location: