Experienced Johns Creek DUI Lawyers at Chestney & Sullivan

Suppose you have been arrested for DUI in Johns Creek. In that case, our experienced Johns Creek DUI lawyers are available to speak with you about your case anytime, including after-hours, weekends, and holidays! Remember, action must be taken within thirty days of the date of your DUI arrest in Johns Creek regarding a license suspension action that is separate from your criminal case. Mr. Sullivan can discuss your DUI criminal case and license suspension action with you today. 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 to the Georgia Supreme Court.  We are more than happy to discuss your case with you and how Mr. Sullivan’s case and the many pro-defense appellate rulings may impact the prosecution of your case. Call Chestney & Sullivan today: 404.816.8777

Were you arrested and charged with DUI in Johns Creek? 

After you have been arrested and charged with DUI in Johns Creek, your case will be assigned a court date in Johns Creek Municipal Court. Johns Creek Municipal Court is located at 11360 Lakefield Drive, Johns Creek, GA 30097 – just off Medlock Bridge Road. The Johns Creek Police Department is in the same building as the municipal court. If you were arrested by an officer with the Johns Creek Police for DUI or by Georgia State Patrol in Johns Creek, you would be brought to the Fulton County North Annex Jail in Alpharetta at 2565 Old Milton Parkway, Alpharetta, Georgia 30009. We are sometimes seeing Johns Creek police officers transport people arrested for DUI to the Rice Street Jail in Atlanta.

Our Johns Creek DUI lawyers appear in Johns Creek Municipal Court regularly. The Chief Judge in Johns Creek Municipal Court is Judge Donald Schaefer. Associate Judges Wanda Dallas or Jenny Nguyen will occasionally sit on the bench. The solicitor (prosecutor) is Lawrence Delan. The assistant solicitor is Angela Couch. The solicitors (prosecutors) are private attorneys with contracts with the City of Johns Creek. The solicitors are responsible for prosecuting your Johns Creek driving under the influence case. Johns Creek Municipal Court is a “limited jurisdiction” court, meaning that they do not have jury trials for driving under the influence cases. If your case is not resolved successfully through negotiations with the prosecutor and we need to fight your case, your Johns Creek DUI will need to be transferred to the Fulton County court system.

What if I want a jury trial in my Johns Creek DUI case? 

There are many times when a trial is the best possible option to avoid a DUI conviction on your Johns Creek Driving Under the Influence case, especially if the prosecutor refuses to negotiate your case to a non-DUI disposition. If a jury trial is the best option, your case is transferred or “bound over” to Fulton County State Court, located in the Fulton County Justice Center. Fulton State Court currently has ten state court judges. Your case will be assigned to one of the ten judges once the Fulton State Court Solicitor files your case with the Fulton County State Court Clerk’s Office. Most DUI cases in Chestney & Sullivan Law Firm contests are in Fulton County State Court. Because our Johns Creek DUI lawyers frequently contest Driving Under the Influence charges in Fulton County State Court, we know the judges and prosecutors handling your case there.

Does the Johns Creek Police Department have a DUI Task Force?

The Johns Creek Police Department has a dedicated group of officers that make up their Traffic Safety Unit, which acts like a DUI Task Force. The Johns Creek Police Department participates in state and national driving safety initiatives such as Operation Zero Tolerance and Click it or Ticket. The Johns Creek Police Department also uses sobriety checkpoints/roadblocks. Like all Johns Creek police officers, these DIUI Task Force officers have received a minimum of 16 hours of DUI training in the police academy. Many Johns Creek DUI officers trained have received an additional 24-hour standardized field sobriety course endorsed by the National Highway Traffic Safety Administration (NHTSA). Some Johns Creek police officers have received additional DUI training, such as ARIDE (Advanced Roadside Impaired Driving Enforcement) or DRE (Drug Recognition Expert). Also, most Johns Creek Traffic Safety Unit officers are certified by the Georgia Bureau of Investigation to operate Georgia’s GBI-approved breath testing instrument, the Intoxilyzer 9000.  

Our lawyers know how to defend Johns Creek DUI charges successfully.

Our DUI attorneys know how to challenge a Johns Creek DUI case. We are trained in Standardized Field Sobriety evaluations and have received training on the operation and limitations of the I9000. Chestney & Sullivan currently owns two Intoxilyzer breath testing devices. Mr. Sullivan was certified in Standardized Field Sobriety evaluations by members of the Conyers Police Department and Rockdale County Sheriff’s Office. One of the benefits of investigating a Johns Creek DUI case is that most of their patrol vehicles are equipped with video and audio. Their video equipment has features similar to those of a DVR or TVO, which many people have at home for their TVs. Their equipment continuously records but will only preserve something once 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, Johns Creek officers will run their video until their investigation is complete. Some will run their videos until they reach the Fulton County jail. Videos can be obtained through the court process.

How our lawyers build a successful defense in your Driving Under the Influence case:

To build a strong DUI defense in Georgia, our Johns Creek DUI lawyers start by meeting with you about your Driving Under the Influence arrest and learning as much as possible about what happened. Using this core information, our in-house investigator can look for more evidence to help our defense by using specialized resources as needed to determine if all testing and other details of your Johns Creek DUI arrest 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 Johns Creek DUI case. Our Johns Creek 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 best license suspension hearings, preliminary/committal hearings, motion hearings, and trials. This approach effectively ensures we are prepared to defend your Driving Under the Influence charge in Johns Creek or Fulton County State Court. Although it is rare, Johns Creek Police Officers can obtain blood search warrants in your case. We are arguing constitutional and statutory challenges to the use of search warrants in DUI cases. 

Can I enter a guilty plea to Driving Under the Influence myself?

There is a saying that “a person who represents himself has a fool for a client.” DUI cases are among the most severe instances prosecuted in Johns Creek Municipal Court or Fulton County State Court. Representing yourself and entering a guilty plea to Driving Under the Influence is not wise. Even if you think you are guilty and may not want to fight your case all the way, there are matters that a skilled Johns Creek DUI lawyer is better able to handle than someone representing him or herself. Here are some reasons why you may consider hiring the experienced attorneys at Chestney & Sullivan Law Firm rather than representing yourself:

• You can jeopardize your driving privileges if you go to court and enter a guilty plea by yourself, especially if you have been charged with DUI Child Endangerment in addition to your DUI charge. If a Johns Creek DUI officer has arrested you, you should have been notified of an administrative license suspension action. Enter a guilty plea to Driving Under the Influence without adequately addressing the administrative 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 administratively suspended for refusing the Johns Creek DUI officer’s chemical test from losing an administrative 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 Johns Creek DUI criminal charges and the administrative license suspension action can improve your chances of being able to drive.
• Other charges besides your Johns Creek DUI charge may be more severe and carry more punishment than the DUI charge itself like Vehicular Homicide, Fleeing and Attempting to Elude, Hit and Hun, or felony drug charges..
• Sometimes, the prosecutor gives a bad plea offer. Even if you decide not to contest your case, an experienced Johns Creek DUI attorney who is familiar with Johns Creek Municipal Court, as well as Fulton 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.
• A nolo contendere plea will not save a license suspension and still counts as a conviction – the same as a guilty plea or guilty verdict after trial. 
• 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 JOHNS CREEK DUI CRIMINAL CHARGES ARE PENDING IN COURT

Besides your Driving Under the Influence criminal case pending in Johns Creek Municipal Court, you are likely facing an administrative license suspension. There is only a limited time to request this separate hearing conducted through the Office of State Administrative Hearings (OSAH) to keep your driving privileges. Our Johns Creek DUI lawyers defend administrative actions. If you have been charged with a DUI in Johns Creek, chances are the 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 Johns Creek 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 Johns Creek DUI officer may have had you sign it. Sometimes, this paperwork gets lost (you may have received it, but it may have been misplaced, or it may have been lost at the jail).

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

Regardless of whether you have received a DDS-1205 form from your Johns Creek DUI Officer, 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 Johns Creek DUI lawyer]:

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

   In most cases, we do not recommend not doing anything within 30 days of the date of your Johns Creek DUI arrest. If you do nothing and your Johns Creek DUI officer initiates an administrative license suspension action, then on the 46th day after the date of your Johns Creek Driving Under the Influence 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 as a result of your DUI arrest, our Johns Creek DUI lawyers still recommend that you take some action instead of doing nothing. However, there are limited circumstances where we advise our clients not to refrain from doing anything regarding a license suspension action, but those circumstances are rare.

2. Request an administrative license suspension hearing in your case:

   The traditional track is to request an administrative license suspension hearing in your Johns Creek DUI case.  This track has been the law for many years, except there are thirty days instead of ten business days to take action. A request for an administrative hearing is submitted to the Georgia Department of Driver Services within 30 days challenging the Johns Creek 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 Johns Creek 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. 

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

   This track came into effect July 1, 2017. This allows you, for a first DUI arrest in five years, to properly waive your right to an administrative hearing in your Johns Creek DUI case and have an ignition interlock installed. This track allows them to drive in Georgia and fight their Johns Creek 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 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 Johns Creek 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 ignition interlock permit. There are obvious concerns and pitfalls in choosing this track. For many, the stigma of having the ignition interlock device installed in their vehicle is not worth it. The ignition interlock device is expensive, requiring installation and monthly monitoring fees. And if you remove it while under your ignition interlock permit, tamper with it, or it tests positive, your permit to drive may be revoked for six months – meaning no driving at all. In addition to waiving your right to an administrative hearing and having an ignition interlock device installed on your vehicle, you must also meet the following conditions:

• An application for the ignition interlock permit must be made with DDS within 30 days of the person being served notice of the administrative license suspension (ALS) by the Johns Creek 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);
• An 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 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 Johns Creek 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 Johns Creek DUI officer at the time of arrest or to DDS before issuance of the permit; and,
• There is a $25.00 ignition interlock 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 Johns Creek DUI arresting officer. A driver 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 Johns Creek 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 driver 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 Johns Creek 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.

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 according to 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.

Contact Chestney & Sullivan today at 404.816.8777 to discuss your Driving Under the Influence case with our dedicated Johns Creek DUI lawyers. Our DUI defense lawyers are experienced in handling license suspension actions. We can review your case and prepare a strategy for defending your Johns Creek DUI criminal charges and license suspension action.

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

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

At a license suspension hearing in your Johns Creek 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 the Johns Creek 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 Driving Under the Influence statute); or
• Was the person involved in a motor vehicle accident or collision resulting in serious injury or fatality and
• At the time of the request for the test or tests, did the Johns Creek DUI officer inform 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
• Were the test or tests adequately 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 DUI case in Johns Creek?

The judge will enforce the Georgia Rules of Evidence like other court proceedings at the license suspension hearing in your DUI case in Johns Creek. Because the burden is on the Johns Creek DUI officer to establish that the statutory factors were met, the Johns Creek 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 Johns Creek DUI officer is then subject to cross-examination. Sometimes, we may replace our clients or witnesses on the stand for direct examination. Our witnesses would then be subject to cross-examination from the other side. Once the testimony and presentation of the evidence are finished, each side can make a closing argument. The judge will then typically decide within five business days and transmit that decision to the parties and the Georgia Department of Driver Services. If there is an error in how the judge ruled, an appellate process is available to review the court’s decision.

What happens if I win the license suspension hearing?

Suppose the judge finds that one or more of the applicable statutory factors above were not met at your license suspension hearing for your Johns Creek DUI case. You win the 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). This does not mean that the Johns Creek Driving Under the Influence criminal charges are being dismissed, but an OSAH license suspension hearing can be a great tool to gain an advantage in your Johns Creek DUI criminal case.

What happens if I lose my license suspension hearing?

Suppose the judge finds that all applicable statutory factors were met by a preponderance of the evidence (a lower standard of proof than beyond a reasonable doubt). In that case, the judge will issue an order affirming the license suspension 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 Johns Creek DUI officer is low to meet in these license suspension hearings. However, we still may be able to gain an advantage in the Johns Creek DUI criminal case based on testimony from the administrative hearing. The decision can be appealed if the administrative law judge committed an error in a ruling. Also, if your Johns Creek 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 DUI case?

Because an administrative license suspension from a Georgia Driving Under the Influence arrest is a complex subject that even many lawyers don’t understand, we strongly encourage you to contact Chestney & Sullivan immediately to discuss your Johns Creek DUI case. It is not wise 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.

A warning to drivers:

Driving impaired is not just illegal , it can be deadly. If you feel different, you drive different. Drive high, get a DUI. #drivesober pic.twitter.com/1og1NXC9p3

— Georgia Governor’s Office of Highway Safety (@gohsgeorgia) December 13, 2024

Location Map of Johns Creek Municipal Court

Johns Creek Municipal Court is at 11360 Lakefield Dr, Johns Creek, GA 30097. A map of the location of Johns Creek Municipal Court is below:

Call our experienced Johns Creek DUI lawyers today:

If you are facing a Johns Creek Driving Under the Influence charge, license suspension action, or have been ticketed for a serious traffic offense, contact our experienced Johns Creek DUI lawyers today. We’ll be able to meet with you to talk about your options and give you three advice based on our experience in the court where your case will be heard. Call us today at 404.816.8777