Experienced DeKalb County DUI Lawyers at Chestney & Sullivan

Our experienced DeKalb County DUI lawyers are available to speak with you about your DeKalb County DUI case, including after-hours, holidays, and weekends!  Mr. Sullivan can discuss your DUI criminal case and license suspension action. Also, Mr. Sullivan has a case in front of 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 the case to the Georgia Supreme Court. We are more than happy to discuss your case with you as several pro-defense appellate rulings may impact the prosecution of your case. Call Chestney & Sullivan today: 404.816.8777

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

DeKalb County Police and DeKalb County State Court

If your misdemeanor DeKalb County DUI case was made by the DeKalb County Police Department uniform patrol officers, the DeKalb Police S.T.A.R. Team/DeKalb DUI Task Force Officers (supported in part by the Governor’s Office of Highway Safety H.E.A.T. program and grants), or Georgia State Patrol “GSP” (Georgia State Patrol has the option of filing a case in DeKalb County State Court or municipal courts), then your case will likely begin in DeKalb County State Court. The DeKalb Police S.T.A.R. Team is known for getting search warrants for blood. The DeKalb County Police Department Headquarters is located at 1960 West Exchange Place, Tucker, GA 30084.  The DeKalb County Police Department recently received a $261,750.34 H.E.A.T. Enforcement grant to enforce speeding, occupant safety (seat belts, child seats), and impaired driving.  The traffic enforcement unit would work with the DeKalb S.T.A.R. team and MATEN, the Metro Atlanta Traffic Enforcement Network that is part of the Governor’s Office of Highway Safety. The DeKalb County State Court Traffic Division does not currently handle DUI cases.  The DeKalb County State Court Traffic Division is next to the DeKalb County Jail at 3630 Camp Circle.  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 and four state court judges in Division B. Your case will be assigned to one of the seven judges by a selection formula set up by the DeKalb County Court.  You usually receive a court date when processed out of the DeKalb County Jail.  Each judge handles their caseloads differently, so DeKalb DUI lawyers must know how each courtroom operates.  Our DeKalb DUI defense lawyers try cases in DeKalb County regularly.  Because we frequently contest DUI cases in DeKalb County State Court, we are familiar with the judges and solicitors handling your case.

Even though your case may have been sent to DeKalb County State Court to preserve your right to a jury trial from a municipal court, or your case originated in DeKalb County State Court, sometimes the facts of a particular DeKalb DUI may be best suited for a “bench trial” (a trial where the judge decides the case instead of a jury).  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 DUI conviction on your DeKalb DUI case if the prosecution refuses to negotiate an acceptable resolution in your case.

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

To build a strong DUI defense in Georgia, our DeKalb County DUI lawyers start by meeting with you about your DUI case and learning as much as possible about what happened.  Using this core information, we can 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 staff gathers information, videos, 911 calls, possible surveillance videos, police reports, documents, road/scene conditions, and more.  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 DeKalb DUI lawyers then analyze your DeKalb 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). We then develop strategies to conduct the license suspension hearings, preliminary/committal hearings, motion hearings, and trials.  This is an effective way to ensure we are prepared to defend your DeKalb DUI.  

Can I enter a guilty plea to DUI and avoid hiring an experienced DeKalb 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 municipal courts or State Courts.  It is not a good idea to enter a guilty plea to DUI and avoid hiring an experienced DeKalb County DUI lawyer. Even if you think you are guilty and may not want to fight your case all the way, there are matters that a skilled DeKalb County 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 by yourself.  Suppose you have been arrested by a DeKalb County S.T.A.R. Team DUI Task Force officer (or any Georgia police officer). You should have been notified of an administrative license suspension action in that case.  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 DeKalb DUI criminal charges and the license suspension action can improve your chances of being able to drive.
• Other charges besides your DeKalb 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 DeKalb County DUI attorney who is familiar with the municipal courts in DeKalb County, 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.

Administrative license suspension:

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

Besides your criminal case pending in DeKalb County or any municipal courts in DeKalb County, you are likely facing a license suspension action.  There is only a limited time to request this separate hearing that the Office of State Administrative Hearings (OSAH) will conduct to preserve your driving privileges.  Whether you refused the State’s chemical test or the breath test results indicated an alcohol concentration above the legal limit, Georgia law requires your officer to notify you of an administrative license suspension.  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 Dekalb 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: 

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 DeKalb DUI lawyer]:

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

   In most cases, our Dekalb County DUI lawyers do not recommend that you do nothing within 30 days of the date of your DeKalb DUI arrest. If you do nothing and your DeKalb 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, our DeKalb County 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 license suspension hearing in your DeKalb 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 DeKalb DUI case is submitted to the Georgia Department of Driver Services challenging the DeKalb 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 DeKalb 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 suspension hearing in your Cobb DUI case and have an ignition interlock installed:

   This track came into effect July 1, 2017.  This allows you to properly waive your right to an administrative hearing in your Cobb DUI case and have an ignition interlock installed. If you choose this option and this is your first DUI arrest in five years, and you are a Georgia licensed driver, you will be able to drive in the state of Georgia and fight your DeKalb 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 DeKalb 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 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 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 DeKalb 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 an arrest with a DUI conviction within 5 years of the current DeKalb 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 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 DeKalb 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 DeKalb DUI charge or the underlying DeKalb 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 DeKalb 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 contact us today at 404.816.8777 to discuss your DeKalb DUI case with our experienced DUI defense lawyers. Our dedicated DeKalb County 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 DeKalb DUI arrest. What happens next?

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. The license suspension action is a civil action separate from your DeKalb DUI criminal charges and only deals with your license or privilege to drive in this state.  OSAH is a separate court from your DeKalb DUI criminal case that litigates the administrative license suspension action.  A hearing date is typically set roughly 60 days from your DeKalb 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 license suspension hearing is minimal:

At a license suspension hearing in your Dekalb DUI case, the OSAH 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 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 DeKalb 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 severe injury or fatality and
• Whether at the time of the request for the test or tests the DeKalb DUI officer informed the person of the person’s Implied Consent rights and the consequences of submitting or refusing to submit to such test; and
• Whether the person refused the test; or whether a test or tests were administered and the results indicated an alcohol concentration of 0.08 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and
• Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all of its electronic and operating components prescribed by its manufacturer correctly attached and in good working order, which shall be required.  A copy of the operator’s permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.

How is the OSAH license suspension hearing conducted in My DeKalb DUI case?

The judge will enforce the Georgia Rules of Evidence at an OSAH administrative license suspension hearing like other court proceedings.  Because the burden is on the DeKalb DUI officer to establish that the statutory factors were met, the DeKalb DUI officer testifies first.  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 DeKalb DUI officer is then subject to cross-examination.  Sometimes, our DeKalb 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.  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 the judge finds that one or more of the applicable statutory factors above were not met. In that case you win the DUI license suspension hearing. 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) and reinstate your Georgia license.  This does not mean that the DeKalb DUI criminal charges are being dismissed, but an OSAH hearing can be an excellent tool for our DeKalb DUI lawyers to gain an advantage in your DeKalb 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) and you lose your license suspension hearing. 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 suspend your license.  Because the burden on the DeKalb DUI officer is low to meet in these license suspension hearings, there is a good possibility that your license may be suspended. However, our DeKalb 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 DeKalb 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, if Driver Services is properly notified.

Can I handle the license suspension hearing in my DeKalb DUI case, or should I hire a DeKalb County DUI lawyer?

It is not wise to handle the license suspension hearing yourself. Because a license suspension hearing from a Georgia DUI arrest is a complex subject that even many lawyers don’t understand, our experienced DeKalb County DUI lawyers strongly encourage you to contact us immediately to discuss your DeKalb 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 is mobilizing its 100 Days of Summer H.E.A.T., which runs from May 13 until Labor Day, September 2. The  Click It or Ticket campaign ran from May 13 through June 2 and is currently running through the Thanksgiving holiday weekend. Georgia State Patrol and the DeKalb Police S.T.A.R. team conducted  Operation Zero Tolerance from June 24 through July 7 (the 4th of July holiday weekend). The Drive Sober or Get Pulled Over program ran from August 14 through Labor Day and will again run from mid-December through New Year’s Day. We are seeing an increase of concentrated patrols and sobriety checkpoints during holidays and major events by the DeKalb S.T.A.R. team in coordination with the Georgia State Patrol and other law enforcement municipalities in DeKalb County.

Here are Facebook and X (formerly Twitter) posts from the Georgia Governor’s Office of Highway Safety (Georgia GOHS), warning of the dangers of impaired driving, to make good choices, drive sober, not drive under the influence, and to plan for a sober ride home:

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 DeKalb County DUI lawyers today:

If you are facing a DeKalb DUI charge or license suspension action or have been ticketed for a serious traffic offense, contact our experienced DeKalb County 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.

DeKalb County State Court is located at 556 N. McDonough Street in the DeKalb County Courthouse on the Decatur Square.

Here is a map of the DeKalb County Courthouse location: