Experienced Gwinnett County DUI Lawyers at Chestney & Sullivan

Our experienced Gwinnett County DUI Lawyers can discuss your case anytime, including after-hours, weekends, and holidays. 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 at the trial court, and the prosecution appealed.  Several pro-defense appellate rulings may impact the trial of your case. If you have been arrested in Gwinnett for a DUI, call Chestney & Sullivan today: 404.816.8777

Were you arrested and charged with a DUI in Gwinnett? 

If you were arrested and charged with DUI in Gwinnett, call us today. Being charged with Driving Under the Influence in Gwinnett County is a stressful and scary experience, especially when you have been taken to the Gwinnett County Jail. Our experienced lawyers defend driving under the influence charges in Gwinnett State Court in the Gwinnett Justice and Administration Center. We understand what you are going through. You may have many questions about your case, including what penalties you may face if you are arrested for Driving Under the Influence in Gwinnett County. What is the court process in Gwinnett County? What possible defenses are there in my DUI case? You may also have concerns about your ability to drive and a potential license suspension. People come to us because we provide the absolute most vigorous defense available to those facing DUI charges in Gwinnett. And in most cases, we can protect their freedom, ability to drive, and criminal record. You may not feel at this time that you have a solid opportunity to avoid a conviction for the charges you face. But the law provides critical protections to you and may lead to a successful defense in an otherwise seemingly indefensible case! Our Gwinnett County DUI Lawyers can discuss your case anytime, including after-hours, weekends, and holidays.  Call our experienced Gwinnett County DUI lawyers today to discuss your Driving Under the Influence charges in Gwinnett County Recorder’s Court, Gwinnett County State Court (located in the Gwinnett Justice and Administration Center), or anywhere in Gwinnett County and we will review with you how our experienced Gwinnett DUI lawyers successfully defend DUI charges in Gwinnett County. 

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

What happens if I want a jury trial in municipal court or Gwinnett Recorder’s Court?

When your Gwinnett Driving Under the Influence case begins in any one of the municipal courts or Recorder’s Court in Gwinnett County, if you demand a jury trial, the municipal court or recorder’s court loses jurisdiction over your Gwinnett DUI case, and it is transferred to the Gwinnett County state or superior court system for prosecution. Sometimes, preserving your right to a jury trial is the best option if the prosecutor in municipal court or Gwinnett County Recorder’s Court refuses to negotiate an acceptable resolution. Some Gwinnett municipal courts will not allow a Driving Under the Influence case to be tried in their jurisdiction (bench trial), leaving the only option to contest your Gwinnett DUI case in Gwinnett County State or Superior Court.

My DUI is in Gwinnett Recorder’s Court

If the Gwinnett County Police Department made your misdemeanor Gwinnett DUI case, your case will likely begin in Gwinnett County Recorder’s Court. Most driving under the influence arrests made by Gwinnett Police will start in Gwinnett County Recorder’s Court. This court currently has three judges: Mihae Park, Judge Kathrine Armstrong, and Judge Wesley Person. Typically, one to two prosecutors (solicitors) from the Gwinnett County Solicitor’s Office are assigned to each Gwinnett County Recorder’s Court courtroom. Our Gwinnett DUI lawyers know how each judge handles cases in Recorder’s Court. Some of the judges in Recorder’s Court are as good or better than a jury, depending on the facts of a case. 

Who is the prosecutor in my Gwinnett Driving Under the Influence case?

The Gwinnett County Solicitor’s Office is responsible for prosecuting your Gwinnett DUI when you request a jury trial in a municipal court or or your DUI is in recorder’s court, as their office will prosecute your case if your Driving Under the Influence case involves only misdemeanor charges. The solicitor’s office is also responsible for prosecuting your case if sent directly to the Gwinnett County State Court, bypassing the Recorder’s Court or any municipal courts in Gwinnett County. The current elected Gwinnett County Solicitor is Lisamarie Bristol. Ms. Bristol was elected in the general election on November 8, 2022, and took office on January 1, 2023. Two prosecutors from the Solicitor General’s Office are assigned to each Gwinnett County State Court courtroom.

When deciding what type of trial to have, a jury trial is often the best option to avoid a DUI conviction in your Gwinnett DUI case.  Especially if the prosecution refuses to negotiate or the case is not won at a motion hearing. Because the Gwinnett County Recorder’s Court and municipal courts do not conduct jury trials, your case must be transferred to the Gwinnett County State Court for a jury trial.

Gwinnett State Court Judges

Gwinnett State Court currently has seven state court judges and two senior state court judges. The seven Gwinnett state court judges are Judge Erica Dove, Chief Judge Carla Brown, Judge Veronica Cope, Judge Emily Brantley, Judge Shawn Bratton, Jaletta Long Smith, and Judge Ronda Colvin Leary. Your case will be assigned to one of the seven judges once your case is filed with the Gwinnett County Clerk of Court. Our Gwinnett DUI lawyers regularly try Driving Under the Influence cases in Gwinnett County. Because we frequently contest DUI cases in Gwinnett County State Court, we are familiar with the judges and prosecutors handling your case.

Even though your case may have been sent to Gwinnett County State Court from a municipal court or Gwinnett Recorder’s Court, there are also times when the facts of a particular Gwinnett DUI may be best suited for a “bench trial” (a trial where the State Court judge decides the case instead of a jury) in Gwinnett State Court. This determination is usually made after you’ve looked into your Gwinnett DUI and an assessment of the judge’s assignment, the facts of the case, and the legal issues involved. The prosecution can object to a bench trial. 

Does the Gwinnett County Police Department have a specialized DUI Task Force?

Yes, the Gwinnett County Police Department has a specialized DUI Task Force. (also known as a H.E.A.T. unit). This specialized unit receives grants from the Governor’s Office of Highway Safety (GOHS). H.E.A.T. grant recipients, like the Gwinnett County Police Department and Georgia State Patrol Nighthawks, must participate in highly publicized DUI enforcement campaigns as part of special conditions in their grants. The Gwinnett County Police Department makes the most driving under the influence arrests in Gwinnett County than any other law enforcement agency in Gwinnett. The Gwinnett DUI Task Force officers, like all Gwinnett County police officers, have received a minimum of 16 hours of DUI training in the police academy. Most Gwinnett DUI Task Force officers trained have received an additional 24-hour standardized field sobriety course (SFST) endorsed by the National Highway Traffic Safety Administration (NHTSA). Some Gwinnett DUI Task Force officers have received additional DUI training, such as ARIDE (Advanced Roadside Impaired Driving Enforcement) or DRE (Drug Recognition Expert). All Gwinnett County DUI Task Force officers are certified by the Georgia Bureau of Investigation to operate Georgia’s GBI-approved breath testing instrument, the Intoxilyzer 9000. We also see DUI arrests in Gwinnett County by the Georgia State Patrol Nighthawks (DUI task force). Georgia State Patrol will also bring their “SCRT” team (Specialized Collision and Reconstruction Team) to investigate if a significant accident occurs.  

Our Gwinnett DUI defense attorneys know how to challenge a Gwinnett DUI. We are all trained in Standardized Field Sobriety Evaluations. Mr. Sullivan was certified in Standardized Field Sobriety evaluations by “SFST” instructors with the Conyers Police Department and Rockdale County Sheriff’s Office. One of the benefits of investigating and contesting a Gwinnett Driving Under the Influence charge is that most of the Gwinnett DUI Task Force vehicles are equipped with video and audio. Their video equipment has features similar to a DVR or “TVO” many people have at home for their TVs. Their equipment continuously records but will not preserve anything until the officer manually activates the recording or activates his emergency equipment (lights). Then, the video will preserve somewhere between 30 and 60 seconds before activation, and typically, the Gwinnett DUI officers will run their video until it is turned off when they reach the Gwinnett County Jail or their final destination. Most of the Gwinnett Police Officers have body cameras that will be provided to us by the Solicitor’s Office. Videos can also be obtained or viewed through the court process. Suppose you were arrested by the Gwinnett Police or other police agencies for Driving Under the Influence in Gwinnett County. In that case, you will likely be taken to the Gwinnett County Jail at some point for processing.  

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

To build a strong DUI defense in Georgia, our Gwinnett County DUI lawyers start by meeting with you about your Gwinnett DUI case and learning as much as possible from you 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. We gather information, videos, 911 calls, possible surveillance videos, police reports, road/scene conditions documents, 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 defense in your Driving Under the Influence case in Gwinnett County. Our Gwinnett County DUI lawyers then analyze your 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.

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

There is a saying that “a person who represents himself has a fool for a client.” Driving Under the Influence cases in Gwinnett County are some of the most severe cases prosecuted in Gwinnett Recorder’s Court or Gwinnett County State Court. Even if you think you are guilty and may not want to fight your Gwinnett DUI case all the way, there are matters that skilled Gwinnett County DUI lawyers are 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:

• You can jeopardize your driving privileges if you go to court and enter a guilty plea by yourself. If you have been arrested by a Gwinnett DUI 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 and unless the administrative action is conducted correctly.
• If your license is suspended for refusing the Gwinnett DUI officer’s chemical test from losing 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 Gwinnett DUI criminal charges and the license suspension action can improve your chances of being able to drive.
• Other charges besides your Gwinnett DUI charge may be more severe and carry more punishment than the Driving Under the Influence charge itself.
• Sometimes, the prosecutor gives a bad plea offer. Even if you decide not to contest your case, experienced Gwinnett County DUI lawyers who are familiar with Gwinnett Recorder’s Court, as well as Gwinnett County State Court or Superior Court, can assess a plea offer to determine if it is worth taking or whether it is best 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.

Gwinnett County Police Officers are using search warrants (for your blood) to use in the prosecution of your Driving Under the Influence case. You need experienced Gwinnett County DUI Lawyers to challenge search warrants:

On July 1, 2006, a law took effect in Georgia that expands the available use of search warrants 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. The bill’s 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 Gwinnett County DUI lawyers are also making a constitutional challenge to how the 2006 statute was passed by the Georgia Assembly (Georgia legislature). If the Gwinnett County Police Officer obtained a chemical sample from you after getting a search warrant, call us 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 Gwinnett County 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 initially 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 GWINNETT DRIVING UNDER THE INFLUENCE CRIMINAL CHARGES ARE PENDING IN COURT

Besides your Gwinnett DUI criminal case pending in Gwinnett County, you are likely facing an administrative license suspension action. There is only a limited time to request this separate hearing through the Office of State Administrative Hearings 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 Gwinnett DUI officer to serve you notice of an administrative license suspension. If a Gwinnett DUI Task Force Officer has arrested you, you can be sure they initiated a license suspension action against you. The notice 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 Gwinnett 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 in your Gwinnett 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 a track without the advice of an experienced Gwinnett DUI lawyer)

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

   In most cases, our Gwinnett County DUI lawyers do not recommend that you do nothing within 30 days of the date of your Gwinnett DUI arrest. If you do nothing and your Gwinnett DUI officer initiates an administrative license suspension action, then on the 46th day after the date of your arrest for Driving Under the Influence in Gwinnett, the Georgia Department of Driver Services will automatically suspend your driving privileges for one year with no permit to drive, if you refused the chemical test. Even if you did not receive the DDS-1205 form due to your Gwinnett Driving Under the Influence arrest, our Gwinnett DUI lawyers still recommend that you take some action instead of doing nothing. However, there are limited circumstances where we recommend our clients do nothing regarding a license suspension action, but those circumstances are rare.

2. Request an administrative hearing:

   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 to the Georgia Department of Driver Services challenging the Gwinnett DUI officer’s decision to administratively suspend your driver’s license for testing above Georgia’s “per se” legal limit for alcohol concentration or for refusing your Gwinnett DUI officer’s request for a state-administered chemical test of your breath, blood, urine, or other bodily substances. A $150 filing fee is made payable to the Dept. of Driver Services for DDS to process the hearing request. Many Gwinnett Police Officers show up at administrative hearings. 

3. Properly waive your right to an administrative hearing in your Gwinnett Driving Under the Influence case and have an ignition interlock installed:

   This track came into effect on July 1, 2017. This allows you to properly waive your right to an administrative hearing in your Gwinnett Driving Under the Influence case and have an ignition interlock installed if this is your first Driving Under the Influence arrest in five years. This path will allow you to drive in Georgia and fight your Gwinnett 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 will need to have installed an ignition interlock device on your vehicle by an approved Ignition Interlock Device Provider 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 Gwinnett 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 administrative license suspension (ALS) by the Gwinnett 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;
  • A driver cannot have any prior convictions for Driving Under the Influence 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 Gwinnett Driving Under the Influence 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 Gwinnett DUI arresting officer at the time of arrest or to DDS before issuance of the permit; and,
  • There is 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 Gwinnett DUI arresting officer. A person who consents to the state-administered chemical test and opts for the 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 Gwinnett 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 Driving Under the Influence charge in Gwinnett.   

Successful maintenance of the ignition interlock device must be evidenced by the permit holder to DDS by producing satisfactory monthly monitoring reports before DDS removes the ignition interlock restriction from the permit. A permit may be renewed for a fee of $5.00 if additional time is needed for the permit holder to comply with the terms of the ignition interlock device. Still, it may only be renewed one time once the permit holder becomes eligible to reinstate their driver’s license. Following the designated term of successful compliance, the ignition interlock device restriction may be removed from the limited driving permit in person at a DDS customer service center for a fee of $100.00 (or $90.00 if removal of the restriction is requested by mail or other approved alternate means). The removal fee is in addition to any reinstatement fee that may be required.

As the title of the ignition interlock device limited permit suggests, there are limitations on where you can drive while on the IID permit:

• Going to their place of employment or performing the regular duties of their occupation;
• Receiving scheduled medical care or obtaining prescription drugs;
• Attending a college or school at which they are regularly enrolled as a student;
• Going to regularly scheduled sessions or meetings of treatment support organizations for persons who have an addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner;
• Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver’s license or by the commissioner;
• Appearing in court, reporting to community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice probation officer, or probation officer serving under Article 6 of Chapter 8 of Title 42, or performing community service;
• transporting an immediate family member who does not hold a valid driver’s license for work, to obtain medical care or prescriptions, or to school;
• Attending any program, event, treatment, or activity ordered by a judge presiding in an accountability court, as such term is defined in Code Section 15-1-18; or
• Conduct monthly monitoring visits with the permit holder’s ignition interlock device service provider.

Please call 404.816.8777 today to discuss your Gwinnett Driving Under the Influence case with our dedicated Gwinnett County DUI lawyers. Our Gwinnett DUI defense lawyers are experienced in handling license suspension actions. We can review your case and prepare a strategy for defending your Gwinnett DUI charges and license suspension action.

Frequently Asked Questions to our Gwinnett County Lawyers About Gwinnett County DUI Cases

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

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

At a Gwinnett DUI license suspension hearing, 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 Gwinnett DUI law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 40-6-391 (the DUI statute); or
• Was the person 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 Gwinnett 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?

The judge will enforce the Georgia Rules of Evidence and the Administrative Rules of Procedure, similar to other court hearings or trials at a DUI license suspension hearing. Because the burden is on your Gwinnett DUI officer to establish that the statutory factors were met, the Gwinnett DUI officer testifies first. Some jurisdictions allow DUI officers to receive 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 Gwinnett DUI officer is then subject to cross-examination. Sometimes, our Gwinnett County DUI lawyers 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. Once the testimony and presentation of the evidence are finished, each side can make a closing argument. The judge will then typically decide within five business days and transmit that decision to the parties and the Georgia Department of Driver Services. The decision is also posted on the Office of State Administrative Hearings 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 license suspension hearing?

Suppose the judge finds that one or more of the applicable statutory factors above were not met in your hearing. You win the license suspension hearing. In that case, the judge will issue an order reversing the suspension action, transmit it to the Georgia Department of Driver Services, and then Georgia DDS will delete the license suspension action from your driver’s history (no administrative license suspension) and your driving privileges are reinstated pending the outcome of the criminal case. This does not mean that the Gwinnett DUI criminal charges are being dismissed, but an OSAH hearing can be an excellent tool for our Gwinnett County DUI lawyers to gain an advantage in your Gwinnett DUI criminal case.

What happens if I lose my license suspension hearing?

Suppose at your hearing, 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) at your 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 impose the license suspension. Again, your license may be suspended because the burden on the Gwinnett DUI officer is too low to meet in these hearings. However, our Gwinnett County DUI lawyers still may be able to gain an advantage in the Gwinnett Driving Under the Influence criminal case based on testimony from the license suspension hearing. The decision can be appealed if the judge commits a ruling error. Also, if your Gwinnett 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 in my Gwinnett DUI case, or should I hire Chestney & Sullivan’s Gwinnett County DUI Lawyers to represent me?

Because an administrative license suspension from a Georgia Driving Under the Influence arrest is a very complex subject that even many lawyers don’t understand, our Gwinnett County DUI lawyers strongly encourage you to contact us right away to discuss your Gwinnett 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 license suspension hearing through the Georgia Department of Driver Services. 

What if I am convicted of a DUI in Gwinnett County? What are the penalties I am facing?

Suppose you have been arrested for a DUI in Gwinnett County. In that case, it is essential to know that there are mandatory Georgia DUI penalties for DUI convictions under the Georgia Code, which are set forth below. The minimum compulsory penalties represent the absolute minimum requirements under Georgia law. Gwinnett Recorder’s Court or Gwinnett State Court judges can sentence you anywhere from the minimum penalty under the Georgia Statute to the maximum penalty allowed by law. For any general misdemeanor, including your Gwinnett DUI, the maximum penalty could be up to 12 months in jail for each offense charged. Judges also have the discretion to add special probation conditions not listed below. Additional penalties outside what is listed below may be imposed for DUI cases with other criminal charges. In our experience, any sentence imposed typically exceeds the mandatory minimum penalty.

Contact our Gwinnett County DUI lawyers at Chestney & Sullivan Law Firm today at 404.816.8777. A Gwinnett DUI trial lawyer is available 24 hours a day, 7 days a week, to discuss your case.

Below are the penalties for a Gwinnett DUI conviction under the Georgia DUI Statute:

Although the statutory penalty ranges below are the minimum penalties under the Georgia DUI statute, judges frequently do not abide by them. They may punish you more, especially if you have been charged with a DUI before. Our Gwinnett County DUI lawyers may be able to advise you on what a particular judge may do in your case. 

FIRST DUI CONVICTION WITHIN TEN YEARS:

(measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained)

• Jail time: 10 days in jail, during which the judge can suspend, stay, or probate all but 24 hours for offenses with an alcohol concentration of .08 or more. There is no statutory minimum jail sentence where the State can’t prove an alcohol concentration of 0.08 or more. The maximum is 12 months in jail;
• Probation: 12 months of probation minus any jail time served (by law, this probationary period cannot be shortened);
• Fine: $300-$1000 plus statutorily mandated surcharges, assessments, and probation supervision fees;
  • Community Service:21 & over drivers: 40 hours – 250 hours;
  • Under 21 drivers with an alcohol concentration of .08 or more: 40 hours – 250 hours;
  • Under 21 with alcohol concentration under .08: 20 hours – 250 hours;
• DUI Alcohol or Drug Use Risk Reduction Program: Must be completed within 120 days of the sentence (List of approved schools at: https://dds.georgia.gov/certified-dui-schools-locations);
• Clinical evaluation for substance abuse: follow any recommended treatment (judge has the discretion to waive clinical evaluation): (List of approved evaluators at: https://dbhddapps.dbhdd.ga.gov/MOPAS/ProviderSearch/SearchDUIIPProvider.aspx);
• License suspension (see license suspension section below).

SECOND DUI CONVICTION WITHIN TEN YEARS:

(measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained)

• Jail time: 90 days – 12 months in jail, of which the judge can probate all but 72 hours;
• Probation: 12 months of probation minus any jail time served (by law, this probationary period cannot be shortened);
• Fine: $600 – $1000 plus statutorily mandated surcharges, assessments, and probation supervision fees;
• Community Service: 30 days (240 hours – 250 hours);
• DUI Alcohol or Drug Use Risk Reduction Program: Must be completed within 120 days of the sentence (https://dds.georgia.gov/certified-dui-schools-locations);
• Clinical evaluation for substance abuse: Required by statute and Georgia DBHDD regulations (judge has no discretion to waive). Must follow and complete any recommended treatment. (List of approved evaluators at: https://dbhddapps.dbhdd.ga.gov/MOPAS/ProviderSearch/SearchDUIIPProvider.aspx);

Additional requirements for drivers convicted for a second DUI offense within 5 years:

• Photo and Case Disposition Published: published as a legal notice in the county legal organ where the defendant resides or in the county legal organ where a conviction was obtained ($25 assessed);
• License Plates Confiscated: all license plates on vehicles registered to the offender are to be surrendered to the court (by court order) and a receipt issued. A license plate will only be reissued after a permit is issued or suspension is over (there is a possible hardship exception for other household members/co-owners of a vehicle);
• Ignition Interlock Device (see below);
• License suspension (see license suspension section below).

THIRD DUI CONVICTION WITHIN TEN YEARS:

 (measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained)

• Jail time: 120 days – 12 months in jail, of which the judge can probate all but 15 days;
• Probation: 12 months of probation minus any jail time served (by law, this probationary period cannot be shortened);
• Fine: $1000 – $5000 plus statutorily mandated surcharges, assessments, and probation supervision fees;
• Community Service: 30 days (240 hours – 250 hours);
• DUI Alcohol or Drug Use Risk Reduction Program: Must be completed within 120 days of the sentence (List of approved schools at: https://dds.georgia.gov/certified-dui-schools-locations);
•  Clinical evaluation for substance abuse: Required by statute and Georgia DBHDD regulations (judge has no discretion to waive). Must follow and complete any recommended treatment. (List of approved evaluators at: https://dbhddapps.dbhdd.ga.gov/MOPAS/ProviderSearch/SearchDUIIPProvider.aspx);
• License suspension (see license suspension section below);

Additional requirements for drivers convicted for a second or more DUIs within 5 years (measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained):

• Photo and Case Disposition Published: published as a legal notice in the county legal organ where the defendant resides or in the county legal organ where a conviction was obtained if the defendant is a nonresident ($25 assessed);
• License Plates Confiscated: all license plates on vehicles registered to the offender are to be surrendered to the court (by court order) and a receipt issued. A license plate will only be reissued after a permit is issued or suspension is over (there is a possible hardship exception for other household members/co-owners of a vehicle);
• Ignition Interlock Device (see below);
• Declared a Habitual Violator (for third in five-year conviction measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a sentence is received).

FOURTH OR SUBSEQUENT DUI CONVICTION WITHIN TEN YEARS:

 (measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained)

• • Felony if all four or more DUI arrests resulting in DUI convictions occur after July 1, 2008 time: 1- 5 years in jail, of which the judge can probate all but 90 days;
  • Probation: 5 years of probation minus any jail time served;
  • Fine: $1000 – $5000 plus statutorily mandated surcharges, assessments, and probation supervision fees;
  • Community Service: 60 days (480 – 500 hours)(can be suspended by the judge if incarceration is for 3 or more years);
• Misdemeanor (High and Aggravated) only if NOT all four or more DUI arrests resulting in DUI convictions occur after July 1, 2008
• Jail time: 120 days – 12 months in jail, of which the judge can waive or suspend all but 15 days;
• Probation: 12 months of probation minus any jail time served (by law, this probationary period cannot be shortened);
• Fine: $1000 – $5000 plus statutorily mandated surcharges, assessments, and probation supervision fees;
• Community Service: 30 days (240 hours – 250 hours);
• DUI Alcohol or Drug Use Risk Reduction Program: Must be completed within 120 days of the sentence (List of approved schools at: https://dds.georgia.gov/certified-dui-schools-locations);
• Clinical evaluation for substance abuse: Required by statute and Georgia DBHDD regulations (judge has no discretion to waive). Must follow and complete any recommended treatment. (List of approved evaluators at: https://dbhddapps.dbhdd.ga.gov/MOPAS/ProviderSearch/SearchDUIIPProvider.aspx);
• License suspension (see license suspension section below);

Additional requirements for drivers convicted for a second or more DUIs within 5 years:

• Photo and Case Disposition Published: published as a legal notice in the county legal organ where the defendant resides or in the county legal organ where the conviction was obtained if the defendant is a nonresident ($25 assessed);
• License Plates Confiscated: all license plates on vehicles registered to the offender are to be surrendered to the court (by court order) and a receipt issued. A license plate will only be reissued after a permit is issued or suspension is over (there is a possible hardship exception for other household members/co-owners of a vehicle);
• Ignition Interlock Device installed (see below);
• Declared a Habitual Violator (for a third in five-year conviction measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained);
• Possible Seizure and Forfeiture of Motor Vehicle: If already declared a Habitual Violator for three prior DUI convictions and arrested and convicted for a new DUI.

LICENSE SUSPENSION FOR DUI ALCOHOL CONVICTIONS:

NOTE: Georgia Department of Driver Services (DDS) has new documentation requirements for getting an I.D., license, or permit. Also, DDS is now allowing payment of reinstatement fees online. Please visit https://dds.georgia.gov/secure-id-faqs to find out what documents you will need to bring with you to DDS.

Listed below are license suspension penalties for Georgia drivers, excluding             CDL or other classes of Georgia licenses for DUI alcohol offenses. Additional or harsher penalties may apply to CDL or different courses of Georgia licenses not listed below. Additional or harsher suspensions may be imposed due to other criminal charges associated with the DUI case. Different suspension penalties may also be imposed due to a DUI Drug conviction under OCGA ’40-5-63, ‘ 40-5-75; §40-5-76 (permit for Drug Court participants), and any judgment resulting from a Georgia administrative license suspension action. Out-of-state drivers are NOT ELIGIBLE for a limited permit in Georgia unless they obtain a valid Georgia license before sentencing. Out-of-state licensees may also face penalties not only from Georgia but from the licensee’s home state as a result of a Georgia conviction for DUI or an administrative license suspension action – even if the out-of-state driver obtains a Georgia driver’s license before sentencing.

License Suspension (first DUI conviction within 5 years):

• 21 & over drivers: 12 months suspension, possible immediate limited permit for Georgia licensees, and likely early license reinstatement after 120 days upon completion of DUI Alcohol or Drug Use Risk Reduction Program and payment of reinstatement fee ($200 by mail/internet, $210 in person);
• Under 21 drivers with an alcohol concentration of .08 or more: 12 months suspension with no limited permit, completion of DUI Alcohol or Drug Use Risk Reduction Program, and payment of restoration fee ($200 by mail/internet, $210 in person);
• Under 21 drivers with alcohol concentration under .08 or “refusal”: 6 months suspension with no limited permit, completion of DUI Alcohol or Drug Use Risk Reduction Program, and payment of restoration fee ($200 by mail/internet, $210 in person);
• Additional penalties for under 16 drivers: Not eligible for a license until age 17. Driver must submit proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and payment of a reinstatement fee ($200 by mail/internet, $210 in person) to the Department of Driver Services;
• 21 & over Drivers: second DUI conviction in 10 years (first in 5) suspension: 12 months suspension, possible immediate limited permit for Georgia licensees and possible early license reinstatement after 120 days upon completion of DUI Alcohol or Drug Use Risk Reduction Program, required clinical evaluation for substance abuse and completion of any recommended treatment program, and payment of restoration fee ($200 by mail/internet, $210 in person);
  • Restrictions of Limited Permit: (for Georgia licensees who qualify) Going to their place of employment;
  • Receiving scheduled medical care or obtaining prescription drugs;
  • Attending a college or school at which they are regularly enrolled as a student;
  • Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or drugs, which organizations are recognized by the commissioner;
  • Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver’s license by the (DDS) commissioner;
  • Attending court, reporting to a probation office or officer, performing community service, or
  • Transporting an immediate family member who does not hold a valid driver’s license for work, medical care, or prescriptions or to school.

License Suspension (second DUI conviction within 5 years)

(measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained)

• All drivers (including under 21 drivers): 3 years, with no limited permit for at least 120 days for Georgia licensees. Reinstatement after 18 months if ignition interlock installation requirements are met or the court issues an order waiving the Ignition Interlock requirement, successful completion of a clinical evaluation and treatment program – if treatment is recommended completion of a DUI Risk Reduction Program, and payment of restoration fee ($300 by mail/internet, $310 in person). If a court issues an order waiving the Ignition Interlock requirement, Georgia licensees are NOT eligible for a limited permit for the first 12 months of the suspension, after which he/she would be eligible for issuance of a restricted driving permit without the interlock restriction for the balance of the suspension;
• Georgia licensees: may apply for an Ignition Interlock Device permit after 120 days of a hard suspension through the Georgia Department of Driver Services, provided proof is shown that the driver completed a DUI Risk Reduction Program, completed a clinical evaluation, and is enrolled in a substance abuse treatment program approved by the Georgia Department of Human Services or is enrolled in a DUI/drug court program, and installed an ignition interlock device in any vehicle that he or she may be operating. List of Approved Interlock Service Providers: https://online.dds.ga.gov/ddsgeorgiagov/locations/interlock.aspx;
• Clinical Evaluation: Required to undergo a clinical evaluation and complete a substance abuse treatment program, if recommended, to be eligible for license reinstatement after the statutory minimum suspension period https://dbhddapps.dbhdd.ga.gov/MOPAS/ProviderSearch/SearchDUIIPProvider.aspx;
• DUI Risk Reduction Program: mandatory to be eligible for a limited permit for a Georgia licensee after a minimum 120-day license suspension period and for reinstatement of Georgia license (List of approved schools: https://dbhddapps.dbhdd.ga.gov/MOPAS/ProviderSearch/SearchDUIIPProvider.aspx);
• Ignition Interlock Device: required to be installed for eligibility for a limited permit for Georgia licensees after 120 days;
• Ignition Interlock Device Permit: The ignition Interlock Device permit may be available under the following conditions:

1. 1. Application for a permit no sooner than serving 120 days of the suspension required from the DUI conviction;
   2. Must either provide a certificate of eligibility from a DUI/Drug Court program in the court where convicted or proof of enrollment in a minimum 120-day clinical treatment approved by the state;
   3. The DUI Risk Reduction program must be completed by the time of application for an Ignition Interlock permit;
   4. The Sentencing Court must approve the permit (if not approved, no permit);
2. An ignition Interlock Permit is required for the following based on the incident date:

• • • Incident date: July 1, 2001, to December 31, 2012 – 6-month interlock requirement.
    • Incident date: January 1, 2013, to June 30, 2013 – 8-month interlock requirement.
    • Incident date: July 1, 2013, or after – 12-month interlock requirement.
• If successful monitoring for the above period, then the ignition interlock device may be removed, and the permit may be renewed for additional periods of two-month increments;
  •  An ignition Interlock Device permit is NOT available during an administrative suspension arising from a refusal to submit to the state’s chemical test or a 2nd in 5 years per se administrative suspension.

Restrictions of Ignition Interlock Device Permit:

Restricted to drive solely for the following purposes:

1. Going to their place of employment or performing the regular duties of their occupation;
2. Attending a college or school at which they are regularly enrolled as a student;
3. Driving to regularly scheduled sessions or meetings of treatment support organizations for persons who have an addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the (DDS) commissioner;
4. Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his driver’s license or by the commissioner;
5. Appearing in court, reporting to community supervision, juvenile probation, or Article 6 of Chapter 8 of Title 42 probation office, reporting to a community supervision officer, county or Department of Juvenile Justice probation officer, or probation officer serving under Article 6 of Chapter 8 of Title 42, or performing community service;
6. Transporting an immediate family member who does not hold a valid driver’s license for work, to obtain medical care or prescriptions, or to school;
7. Going for monthly monitoring visits with the permit holder’s ignition interlock device service provider and
8. Such other restrictions as the department (DDS) may require;
9. A permit is valid for the prescribed period above. If successful monitoring for the specified period, the permit may be renewed without ignition interlock under general DUI limited permit conditions;
10. Cost of permit: $25 (renewal of the license is $5);
11. List of Approved Ignition Interlock Service Providers:        (https://online.dds.ga.gov/ddsgeorgiagov/locations/interlock.aspx)
12. Ignition interlocks MUST be installed in Georgia.

Ignition Interlock waiver eligibility:

The trial court can waive the ignition interlock requirement if the court determines that it would impose a financial hardship on the driver. If the driver opts to waive the ignition interlock requirement, the driver is not eligible for a 6 month permit until after the first year of the suspension.

License Revocation (third offense within 5 years)

(measured from the dates of previous arrests for which DUI convictions were obtained to the date of the current arrest for which a DUI conviction is obtained)

• Declared a habitual violator
• All drivers: 5-year suspension, with no limited permit for Georgia licensees for at least 24 months;
• Possible probationary license for Georgia licensees after 24 months if:
  • No prior convictions or pleaded nolo contendere to a charge of violating Title 3 of the Georgia Code relating to alcoholic beverages or to a charge of violating any provision of Chapter 13 of Title 16 of the Georgia Code about controlled substances that are reported on the driver’s Georgia driver’s history;
  • No convictions for traffic offenses in 2 years immediately preceding application for a permit;
  • Had no convictions for traffic offenses that resulted in serious injury or death of any individual;
  • completed a DUI Alcohol or Drug Use Risk Reduction program before the issuance of a permit;
  • Provide an affidavit to DDS that such person does not excessively use alcoholic beverages and does not illegally use controlled substances or marijuana (DDS typically requires completion of an approved substance abuse treatment program);
  • Provide proof of financial responsibility (liability insurance);
  • Payment of $210 ($200 by mail/internet) to DDS to process permit application;
  • An ignition interlock device must be installed for a minimum of 8 months immediately following the issuance of the probationary license;
• At the end of the 5-year revocation period, if all conditions are met, a driver may apply to reinstate their driving privileges by submitting a payment of $410 ($400 by mail/internet) and proof of completion of a DUI Risk Reduction program. The department may also investigate whether granting the privilege of driving a motor vehicle on public highways is safe.

A warning to drivers:

As a warning to drivers, the Governor’s Office of Highway Safety conducts sober driving campaigns every year, including its Click It or Ticket and One Hundred Days of Summer HEAT campaigns. The Operation Zero Tolerance campaign was conducted from June 24 through the 4th of July holiday until July 7. The Drive Sober or Get Pulled Over campaign ran from August 14 through Labor Day, September 2, and will again run from mid-December through New Year’s Day. The National Highway Transportation and Safety Administration (NHTSA) coordinates many of these safe driving campaigns across the country and Georgia, including with the Georgia State Patrol and the Gwinnett County Police Department. One of the most significant campaigns is the 100 Days of Summer H.E.A.T campaign, which runs from May 13 through Labor Day, September 2. Every year, Georgia State Patrol teams up with the Gwinnett Police Department and other police agencies in Gwinnett to set up sobriety checkpoints and concentrated patrols. The Click It or Ticket campaign ran from May 13 through Memorial Day until June 2 and is currently underway through the Thanksgiving holiday weekend. Georgia State Patrol and the Department of Public Safety (DPS) issued a press release announcing GSP will be conducting high visibility patrols this Labor Day weekend.

Here are recent posts on Facebook and  X (formerly Twitter) from the Georgia Governor’s Office of Highway Safety (Georgia GOHS) to not drink and drive and to drive sober: 

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

Map of the location of Gwinnett County Recorder’s Court

Gwinnett County Recorder’s Court is at 115 Stone Mountain St, Lawrenceville, GA 30046. A map of the location of Gwinnett County Recorder’s Court is below:

 Map of the Gwinnett Justice and Administration Center location:

Contact Chestney & Sullivan today: 

Please contact Chestney & Sullivan Law Firm at 404.816.8777 to more thoroughly discuss the possible implications of an administrative license suspension action on your license and driving privileges. We can also discuss how we successfully defend Driving Under the Influence charges in Gwinnett. An experienced Gwinnett DUI lawyer with the firm is available 24/7 to discuss your case.