Experienced Cherokee County DUI Lawyers

If you have been arrested in Cherokee County for a DUI, our experienced Cherokee County DUI lawyers are available to discuss your case anytime, including after-hours and weekends! Action needs to be taken within thirty days of your DUI arrest in Cherokee County to protect your driving privileges, especially if you refused the officer’s request for a breath or blood test. If you refused the officer’s request for a blood test, 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 issue at the trial court level and the prosecution appealed the case to the Georgia Supreme Court. We can discuss how recent appellate cases, including Mr. Sullivan’s Georgia Supreme Court case, may help defend your DUI. Call our experienced Cherokee County DUI lawyers at Chestney & Sullivan today! 404.816.8777

Were you arrested and charged with a DUI in Cherokee County? We know what you are going through.

We understand what you are going through if you have been arrested for a DUI in Cherokee County. Being charged with driving under the influence charge in Cherokee County can be a stressful experience. Our Cherokee County DUI lawyers can discuss your case anytime after hours and on weekends! Suppose the Cherokee County Sheriff’s Office or Georgia State Patrol has charged you with DUI. In that case, your case will likely be prosecuted in the Cherokee County Justice Center by the Solicitor General in Cherokee County State Court.  Our experienced Cherokee County DUI lawyers are prepared to fight to avoid a Driving Under the Influence conviction in your case, whether you have a DUI in Ball Ground, Canton, Holly Springs, Woodstock, or anywhere else in Cherokee County. Most DUIs in Cherokee County are made by the Cherokee County Sheriff’s Department, which will seek search warrants for blood if you refuse to submit to their chemical test after arrest voluntarily. We can discuss how to defend against an administrative license suspension, the admissibility of a refusal to submit to a blood test at trial, and your chemical test. Mr. Sullivan has successfully argued in court that the prosecution should not use a refusal to submit to a blood test against a defendant at trial.  The prosecution has appealed Mr. Sullivan’s win at the trial court, and the case is currently pending in the Georgia Supreme Court. Call our experienced Cherokee County DUI lawyers at Chestney & Sullivan today! 404.816.8777

My DUI case is in municipal court. Can I ask for a jury trial?

When your Cherokee DUI case begins in municipal court, the municipal court loses jurisdiction over your case if you ask for a jury trial. Your DUI case is then transferred to Cherokee County State Court for prosecution. Sometimes, that is the best option if the prosecutor in municipal court refuses to negotiate an acceptable resolution in your Cherokee DUI case. 

I was arrested for a DUI in Cherokee County; where will the police take me?

If you were arrested for driving under the influence by the Cherokee County Sheriff’s Office, you will be taken to the Cherokee County Detention Center, You will be processed through the Cherokee County Sheriff’s Office Bond Administration, then your DUI case will be handled in Cherokee County State Court if there are no felony charges.

 

Does the Cherokee County Sheriff’s Office have a specialized DUI enforcement unit? 

Yes, the Sheriff’s Office has a specialized DUI enforcement unit called the Traffic Enforcement Unit (TEU), partially funded by the Governor’s Office of Highway Safety’s H.E.A.T. program. The Cherokee County Sheriff’s Office received a sizable grant from the Governor’s Office of Highway Safety to fund the H.E.A.T. program, which heavily targets impaired drivers. The Traffic Enforcement Unit essentially acts as a DUI Task Force unit.

What happens next after I have been arrested and charged for DUI in Cherokee County?

After arrest, the prosecutor will file charges in your case in Cherokee County State Court. Once your case is in Cherokee County State Court, the Cherokee County Office of the Solicitor General prosecutes your Cherokee DUI case. The elected Solicitor General of Cherokee County is Todd Hayes. Three elected Cherokee County State Court Judges preside over misdemeanor DUI cases: Chief Judge Alan Jordan, Judge A. Dee Morris, and Judge Michelle L.H. Helhoski (formerly Michelle Homier). Your case will be randomly assigned to a judge once your case is filed with the Cherokee County Court Clerk’s Office. The assigned judge will typically preside over your case until a final resolution is reached in most cases; however, during the jury trial weeks, sometimes other state court judges or visiting senior judges may preside over your trial.

What if I want a judge to decide my DUI case instead of a jury in Cherokee State Court?

Municipal courts do not have jury trials; they only have trials where the judge decides the case (bench trial). If your DUI case was transferred to the Cherokee County Solicitor’s Office from a municipal court to preserve your right to a jury trial, or your case began in Cherokee County State Court, occasionally, the facts of a particular Cherokee DUI may be best suited for a “bench trial” where a judge decides the case instead of a jury. A bench trial is sometimes a sound strategy, but sometimes not. There are many times when our Cherokee County DUI lawyers will recommend a jury trial as the best possible option to avoid a DUI conviction in your Cherokee DUI case – especially if the prosecution refuses to negotiate an acceptable resolution. The Cherokee County Solicitor’s Office will be the prosecutor in your case. 

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

To build a strong DUI defense in Georgia, our Cherokee County DUI lawyers start by learning everything possible about your case from you. Based on this information, our Cherokee DUI 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 Georgia. Our Cherokee County DUI Lawyers collect information, videos, 911 calls, possible surveillance videos, police reports, documents, and road/scene conditions. 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 defense in your case Cherokee County DUI case. Our Cherokee 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. Our team approach is an effective way to ensure we thoroughly defend your Cherokee DUI charges.

Can I enter a guilty plea to Driving Under the Influence myself and avoid hiring an experienced Cherokee County DUI 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 Cherokee County municipal courts or Cherokee County State Court. It is not a good idea to enter a guilty plea to driving under the influence without an attorney reviewing your case. Even if you think you are guilty and may not want to fight your case all the way, there are matters that a skilled Cherokee DUI defense lawyer is better able to handle than someone representing him or herself. Here are some reasons why you may consider hiring our Cherokee DUI attorneys rather than representing yourself:

• You can jeopardize your driving privileges if you go to court and enter a guilty plea to your Cherokee DUI. If you have been arrested by a Cherokee County DUI Task Force officer or any Georgia police officer, 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 your Cherokee DUI officer’s request for a chemical test in a license suspension hearing or failing to address a license suspension action within 30 days from the date of your arrest, your Georgia driver’s license or driving privileges will be suspended for a year with NO PERMIT. Properly coordinating and handling the Cherokee DUI criminal case along with the license suspension action can improve your chances of being able to drive.
• Other charges besides your Cherokee DUI 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 Cherokee DUI defense attorney familiar with Cherokee 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.
• 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.
• If you are convicted of DUI in Cherokee County, you will serve at least a portion of your sentence on probation through Cherokee Probation Services. 
• If you are a multi-DUI offender, you may be eligible to participate in the Cherokee County DUI/Drug Court program. Participation in this program may significantly lower a jail sentence if you complete the program successfully.

Cherokee County Sheriff’s Deputies are using search warrants (for your blood) to use in the prosecution of your Driving Under the Influence case. You need an experienced Cherokee County DUI lawyer to attack these search warrants:

On July 1, 2006, a law took effect in Georgia that expands the available use of search warrants for blood in Driving Under the Influence cases (OCGA 40-5-67.1(d.1)). This law was passed after the Georgia Supreme Court in State v. Collier, 279 Ga. 316 (2005), ruled that law enforcement officers could not use coercion techniques to obtain a blood sample by threatening to get a search warrant and use a catheter to receive it. During the Collier case, the statute prohibited search warrants for bodily substances if a person refused to submit to a chemical test under the Georgia Implied Consent Notice. The 2006 legislation attempted to expand the use of search warrants in Driving Under the Influence arrests. You need an experienced Cherokee County DUI lawyer to attack these warrants. We believe the final version falls short of allowing search warrants for blood, breath, or urine samples when a suspect refuses to submit a sample after being read the Georgia Implied Consent Notice. The “no test shall be given” language if a driver refuses the state chemical test is still in the statute’s current version. Our firm is also making a constitutional challenge to how the 2006 statute was passed by the Georgia Assembly (Georgia legislature). If the Cherokee County Sheriff’s Deputy obtained a chemical sample from you after getting a search warrant, call our Cherokee County DUI lawyers today, and we can explain in more detail how we are attacking the admissibility of chemical tests obtained by search warrants in Driving Under the Influence cases. Although you may have ultimately given a chemical sample to the police under a search warrant, your officer may still attempt to suspend your Georgia driver’s license or privilege to drive here in this state administratively if you refused to submit to a chemical test when the implied consent notice was read. See below for steps that may need to be taken to protect your driving privileges. 

Administrative License Suspension

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

Besides your criminal case pending in Cherokee County State, Superior Court, or any municipal courts in Cherokee County, you are likely facing an administrative license suspension. There is only a limited time to request this separate hearing to preserve your driving privileges – thirty days from the date of your arrest. If you have been charged with a DUI in Cherokee County, chances are your Cherokee DUI officer served you with a notice of a license suspension action. Suppose you were arrested by a Cherokee County DUI Task Force Officer Woodstock, Canton, Holly Springs, Ball Ground police officers, or by a Georgia State Patrol Trooper. 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 Cherokee DUI officer to serve you notice 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).

• Our Cherokee County DUI lawyers strongly suggest that you set up an online account with the Georgia Department of Driver Services to monitor the status of your driver’s license: https://dds.georgia.gov/online-services

Regardless of whether you have received a DDS-1205 form from your police officer in your Cherokee DUI case, 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 Cherokee DUI lawyer]:

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

   Usually, our Cherokee County DUI lawyers do not recommend this path. If you do nothing and your Cherokee DUI officer initiates an administrative license suspension action, then on the 46th 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, our Cherokee DUI Lawyers still recommend that you take 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 is to request an administrative hearing. This path 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 Cherokee County 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 Cherokee DUI officer’s request for a state-administered chemical test of your breath, blood, urine, or other bodily substances. Remember that if you choose this option, most law enforcement officers in Cherokee County, including Georgia State Patrol Troopers, almost always show up at administrative hearings and will not withdraw an administrative suspension unless a driver agrees to plead guilty to DUI. 

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

   This track to properly waive your right to an administrative hearing and have an ignition interlock installed came into effect on July 1, 2017, by statute. This law allows the first DUI arrest in five years for drivers to be able to drive in the state of Georgia and fight their Cherokee County 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 Cherokee DUI officer’s request for a state-administered chemical test. If you choose this track, we highly advise installing the ignition interlock first and then going to DDS within 30 days from the date of arrest to obtain the permit. There are obvious concerns and pitfalls in choosing this track. For many, the stigma of having the ignition interlock device installed in their vehicle is not worth it. The ignition interlock device is also expensive, requiring installation and monthly monitoring fees. And if you remove it while under your ignition interlock permit, tamper with it, or it tests positive, your permit to drive may be revoked for six months – meaning no driving at all. In addition to waiving your right to an administrative hearing and having an ignition interlock device installed on your vehicle, you must also meet the following conditions:

• An application for the permit must be made with DDS within 30 days of the person being served notice of the ALS by the Cherokee 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 Cherokee 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 Cherokee 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 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 Cherokee County 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 Cherokee 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 Cherokee County 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 get in touch with us today at 404.816.8777 to discuss your Cherokee DUI case with our experienced defense lawyers. Our dedicated Cherokee County DUI lawyers are experienced in fighting DUI charges and handling license suspension actions. We can review your case and prepare a strategy for your criminal case and license suspension action.

So, I correctly requested a license suspension in my Cherokee DUI case; what happens next?

The license suspension action is a civil action separate from your Cherokee DUI criminal case and only deals with your license or privilege to drive in this state. The 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 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 Cherokee 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 Cherokee County 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
• 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 Cherokee 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 person 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 OSAH DUI license suspension hearing conducted?

Like other court hearings or trials, the OSAH judge will enforce the Georgia Rules of Evidence at your license suspension hearing. The officer testifies first because the burden is on the Cherokee County 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 who made the Cherokee County DUI arrest, an attorney paid by the State of Georgia assists the officer in direct examination. The Cherokee 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 typically decide within five business days and transmit that decision to the parties and the Georgia Department of Driver Services. The decision will also be 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 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 – you win the hearing. Then, the Georgia DDS will delete the license suspension action from your driver’s history (no administrative license suspension). This does not mean the Cherokee DUI criminal case is dismissed, but a license suspension hearing can be a great tool to gain an advantage in your Cherokee DUI criminal case.

What happens if I lose my hearing Administrative 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), and I lose the administrative license suspension hearing. 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 suspend it. Again, because the burden on the Cherokee DUI officer is too low to meet in these hearings, there is a good possibility that your license may be suspended. However, we still may be able to gain an advantage in your Cherokee 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 Cherokee DUI case?

Because a license suspension action from a Georgia DUI arrest is a complex subject that even many lawyers don’t understand, our Cherokee County DUI lawyers strongly encourage you to contact us immediately to discuss your Cherokee DUI case. It is not a good idea 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 to request a hearing through the Georgia Department of Driver Services.

Warning to Drivers

As a warning to drivers, the Governor’s Office of Highway Safety targets drivers with multiple campaigns throughout the year, including its 100 Days of Summer Heat and Click It or Ticket campaigns. 100 Days of Summer H.EA.T. They wrapped up this past Labor Day. Click it or Ticket ran from May 13 through June 2, 2024. Operation Zero Tolerance campaign ran over the 4th of July holiday. Operation Southern Slowdown ran from July 15 to July 21, 2024. Hands Across the Border ran from August 26 through August 29 and Drives Sober or Get Pulled Over ran for an extended period from August 14 through September 2, 2024. Click it, or Ticket is currently running through the Thanksgiving holiday weekend. From mid-December through New Year’s Day, Drive Sober or Get Pulled Over will be the last safe driving campaign of the 2024 year. The Cherokee County Sheriff’s Department’s H.E.A.T. Unit and other local law enforcement agencies are stepping up concentrated patrols, aggressively enforcing traffic laws, and deploying sobriety checkpoints (roadblocks) during holidays and major events. Checkpoints (roadblocks) are typically conducted during these campaigns. We also see a concentration of patrols around the popular downtown Woodstock shopping and dining district. H.E.A.T. grant recipients, like the Cherokee County Sheriff’s Department and Georgia State Patrol Nighthawks, must participate in the GOHS campaigns as part of special conditions in their grant.  Georgia State Patrol and the Department of Public Safety (DPS) issued a press release showing 20 fatalities over the Labor Day holiday travel period.

The Governor’s Office of Highway Safety funds the Cherokee County Sheriff’s Department’s H.E.A.T. Unit, and the National Highway Traffic Safety Administration (NHTSA) are active on social media. Here are Facebook and X (formerly Twitter) posts from the Georgia Governor’s Office of Highway Safety (GOHS) to never drink and drive and to use a sober driver:

All drunk driving deaths are preventable. Make the right choice and pass the keys to a sober driver or call a taxi or rideshare. Don’t get behind the wheel if you are over the .08 limit. #savealifedesignateadriver #maketherightdecision #DUI pic.twitter.com/7VChtjql57

— Georgia Governor’s Office of Highway Safety (@gohsgeorgia) November 14, 2024

Call our experienced Cherokee County DUI lawyers today:

If you are facing a Cherokee DUI charge, a license suspension action, or have been ticketed for a serious traffic offense, contact our experienced Cherokee County 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 Chestney & Sullivan today at 404.816.8777. 

Map of the Cherokee County Courthouse location: