Experienced Smyrna DUI Lawyers at Chestney & Sullivan

Our experienced Smyrna DUI lawyers at Chestney & Sullivan can speak with you about your Smyrna DUI case anytime, including after-hours and weekends. We are also available to discuss your case over the Christmas and New Year’s holidays! Mr. Sullivan understands DUI arrests occur at the most inconvenient time; we would rather you contact us right away so we can answer your most pressing questions. Call us at 404.816.8777. You only have thirty days from the date of your arrest to take action to challenge an administrative license suspension action that is separate from your criminal case. Mr. Sullivan can discuss your DUI criminal case and license suspension action 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 refusal to submit to a blood test at the trial court, and the prosecution appealed. Briefs are being filed in the Georgia Supreme Court, and we expect oral arguments to be scheduled in the next few months. Several pro-defense appellate rulings may impact the prosecution of your case, which Mr. Sullivan can discuss with you. Call Chestney & Sullivan today: 404.816.8777

Were you arrested for a DUI in Smyrna? 

Being charged with a DUI in Smyrna can be a stressful experience. We understand what you are going through and can discuss your Smyrna DUI case anytime after hours and on weekends.  Our dedicated lawyers defend Driving Under the Influence charges in Smyrna Municipal Court. If you are charged with a DUI in Smyrna, our experienced Smyrna DUI lawyers are prepared to fight your Smyrna DUI charges in Smyrna Municipal Court or Cobb State Court to avoid a conviction. Smyrna Municipal Court is located at 2800 King Street, Smyrna, Georgia 30080. The Municipal Court is located in Smyrna City Hall. Smyrna Police Department is located at 2646 Atlanta Road in Smyrna. The Smyrna Police Department also runs the City of Smyrna Jail.  The Smyrna DUI Task Force is included in the Special Operations division of the Smyrna Police Department.  The Smyrna DUI lawyers at Chestney & Sullivan regularly appear in Smyrna Municipal Court.  Smyrna DUI lawyers need to be familiar with this jurisdiction.  Judge Phyllis Gingrey Collins is the Smyrna Municipal Court Chief Judge. The solicitor (prosecutor) of your Smyrna DUI case is Tim Williams.  

Smyrna Municipal Court is a “limited jurisdiction” court, meaning they do not have jury trials.  Suppose you want a judge to decide your case at trial. In that case, that is called a “bench trial,” where the prosecution has the burden to prove each element of an offense beyond a reasonable doubt, and a judge decides if the prosecution has met its burden.  Suppose a bench trial is requested in Smyrna Municipal Court. In that case, Judge Phyllis Gingrey Collins will preside over the trial and decide whether the prosecution has proven its case beyond a reasonable doubt. Sometimes, a “bench trial” is a sound strategy; sometimes, it is not.

Can I have a jury trial in Smyrna Municipal Court?

Often, a jury trial is the best possible option to avoid a DUI conviction on your Smyrna DUI case.  Because the Smyrna Municipal Court does not conduct jury trials, your case must be transferred to Cobb County State Court for a jury trial.  Our Smyrna DUI lawyers try cases in Cobb State Court. Cobb County State Court currently has twelve state court judges.  Your case will be assigned to one of the twelve judges once your case is filed with the Cobb Court Clerk’s Office. The current elected Solicitor General (misdemeanor prosecutor) in Cobb County State Court is Makia Metzger. Generally, two prosecutors are assigned to each of the 12 state court judges.  Because we frequently contest DUI cases in Cobb County State Court, we are familiar with the judges and prosecutors who will be handling your case.

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

To build a successful DUI defense, our Smyrna DUI lawyers start by learning everything possible about your case from you.  Based on this information, our Smyrna DUI attorneys can search for more favorable evidence by using specialized resources as needed to determine if all testing and other details of your Smyrna DUI arrest were accurate and legal.  This forms the basis for building a successful DUI defense in your Smyrna DUI case.  We gather information, videos, 911 calls, possible surveillance videos, police reports, documents, and road/scene conditions.  There are times when we even use the services of toxicologists, accident reconstructionists, private investigators, breath test/field sobriety experts, medical professionals, and video illustrators, to name a few, to help build a solid defense in your Smyrna DUI case.  Our Smyrna DUI lawyers analyze a case from the initial stop or reason why the police were involved, look for suppression issues with the admissibility of field sobriety tests or state chemical tests (breath, blood, or urine tests), and develop strategies in how to conduct best administrative license suspension hearings, preliminary/committal motion hearings, and trial.  This is an effective way to ensure we thoroughly defend your Smyrna DUI charges.

Does the Smyrna Police Department have a DUI Task Force? 

Yes, the Smyrna Police Department has a specialized DUI Task Force in their Special Operations Division. It coordinates with the Governor’s Office of Highway Safety’s safe driving programs. The Smyrna DUI Task Force can obtain blood search warrants to draw blood from a person suspected of driving impaired. Our Smyrna DUI lawyers know how to challenge these methods to obtain a blood sample from drivers arrested for DUI. Call Chestney & Sullivan today to discuss your case. 404.816.8777

Can I enter a guilty plea and avoid hiring an experienced DUI defense lawyer?

You can enter a guilty plea yourself and avoid hiring an experienced DUI defense lawyer. However, there is a saying that “a person who represents himself has a fool for a client.”  It is not wise to represent yourself and enter a guilty plea in your DUI case. DUI charges are one of the most severe offenses prosecuted in Smyrna Municipal Court or Cobb County State Court.  Even if you think you are guilty and may not want to fight your case all the way, there are matters that a skilled Smyrna DUI lawyer is better able to handle than someone representing him or herself.  Here are some reasons why you may consider hiring our Smyrna DUI attorneys rather than representing yourself:

• You can jeopardize your driving privileges if you go to court and enter a guilty plea to your Smyrna DUI, especially if you have DUI Child Endangerment charges in addition to your DUI charge.  Suppose you have been arrested by a Smyrna Police Department DUI Task Force officer and taken to the Smyrna Police Department and Jail. 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 the suspension action is conducted correctly.
• If your license is suspended for refusing the Smyrna 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 Smyrna DUI criminal charges along with the license suspension action can improve your chances of being able to drive.
• Other charges besides your Smyrna County 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 Run, or felony drug charges.
• Sometimes, the prosecutor gives a bad plea offer.  Even if you decide not to contest your case, an experienced Smyrna DUI defense attorney who is familiar with Smyrna Municipal Court, Cobb County State Court, or Superior Court can assess a plea offer to determine if it is worth taking or rejecting and decide to take your case to trial.
• 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 DUI CRIMINAL CHARGES ARE PENDING IN COURT

Besides your Smyrna DUI criminal charges pending in Smyrna Municipal Court or Cobb County State Court, you are likely facing an administrative license suspension.  There is only a limited time to request this separate hearing with the Office of State Administrative Hearings to preserve your driving privileges.  If you have been charged with a DUI in Smyrna, chances are your officer served you with a notice of a license suspension action.  If you were arrested by a City of Smyrna, Cobb County DUI Task Force Officer, or Georgia State Patrol, you can be sure that your officer served you with a notice of a license suspension action.  Whether you refused your Smyrna DUI officer’s chemical test or the breath test results indicated an alcohol concentration above the legal limit, Georgia law requires your Smyrna 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 Smyrna 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 Smyrna 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:

There are three options you can take concerning a license suspension action (Beware of choosing without the advice of an experienced Smyrna DUI lawyer):

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

   In most cases, our Smyrna DUI lawyers do not recommend you do anything within 30 days of the date of your Smyrna DUI arrest. If you do nothing and your Smyrna DUI officer initiates an administrative license suspension action, then on the 46th day after the date of your Smyrna DUI 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 due to your Driving Under the Influence arrest, our Smyrna 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. Requesting an administrative license suspension hearing in your Smyrna DUI case:

   The traditional track requests an administrative license suspension hearing in your Smyrna DUI case. This path has been the law for many years, except there are now thirty days instead of ten business days to take action to preserve your driving privileges.  This track is where a request for an administrative hearing is submitted to the Georgia Department of Driver Services challenging your Smyrna 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 Smyrna 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 a hearing and have an ignition interlock installed:

   This track came into effect July 1, 2017. This allows you to properly waive your right to a hearing in your Smyrna DUI case and have an ignition interlock installed if this is the first DUI arrest in five years. You could drive in Georgia and fight your Smyrna 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 your Smyrna 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 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 Smyrna DUI arresting officer through the DDS-1205 form (usually 30 days from the date of arrest), or—in the event of a DDS-1205S form—within 30 days of receiving such notice of the ALS from DDS (from a blood test result that was not procured by a search warrant);
   • The ALS cannot stem from a motor vehicle accident involving fatalities or serious injuries;
   • The person must be licensed in Georgia and not have any other suspensions, cancellations, or revocations against their Georgia driver’s license;
   • If the person holds a Georgia commercial driver’s license (CDL), they must downgrade to a non-commercial Georgia driver’s license to obtain and maintain the permit;
   • The person cannot have any convictions for DUI in the 5 years preceding application for the permit.  If there is a DUI arrest with a DUI conviction within 5 years of the current Smyrna 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 Smyrna DUI officer at the time of arrest or to DDS before issuance of the permit; and,
   • The person must pay a $25.00 permit fee to the Georgia Department of Driver Services. 

The period a person must successfully maintain the ignition interlock device on their vehicle will be based on whether they consent to or refuse the state-administered chemical test requested by the Smyrna 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 Smyrna DUI charge or the underlying DUI charge is dismissed or reduced, the ignition interlock device may be removed at no cost, and the driver’s license may be replaced.  A person who refuses the state-administered chemical test and opts for the new permit will be required to successfully maintain the ignition interlock device on their vehicle for 12 months, regardless of the outcome of the underlying Smyrna 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;
• Attending 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;
• Attending 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 get in touch with us today to discuss your Smyrna DUI case with our experienced Smyrna DUI defense lawyers at 404.816.8777.  Our dedicated Smyrna DUI lawyers are experienced in contesting DUI cases and handling license suspension actions.  We can review your case and prepare a strategy for your criminal case and license suspension action.

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

If you requested a license suspension hearing in your DUI case in Smyrna, OSAH will schedule a date for your hearing. The license suspension action is a civil action separate from your Smyrna DUI criminal charges and only deals with your license or privilege to drive in this state.  A separate court from your Smyrna 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 before an OSAH judge.  Typically, a hearing date with OSAH is set roughly 60 days from the date of your arrest.  Once a hearing is requested, the Department of Driver Services will extend your driving privileges until an order is entered from an OSAH judge.

The scope of the license suspension hearing in your Smyrna DUI case is minimal:

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

• Whether your Smyrna 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
• Whether the person was involved in a motor vehicle accident or collision resulting in serious injury or fatality and
• Whether at the time of the request for the test or tests the Smyrna 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 Smyrna Driving Under the Influence case?

Like other court proceedings, the judge will enforce the Georgia Rules of Evidence at the OSAH license suspension hearing in your Smyrna Driving Under the Influence case.  Because the burden is on your Smyrna DUI officer to establish that the statutory factors were met, the Smyrna 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 Smyrna DUI officer is then subject to cross-examination.  Sometimes, we may place our clients or witnesses on the stand for direct examination.  Our witnesses would then be subject to cross-examination from the other side.  Once the testimony and presentation of the evidence are finished, each side can make a closing argument.  The judge will then typically decide within five business days and transmit that decision to the parties and the Georgia Department of Driver Services.  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 in my Smyrna DUI case?

If the OSAH judge finds that one or more of the applicable statutory factors above are not met at the license suspension hearing in your Smyrna 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 your Smyrna Driving under the Influence criminal charges are being dismissed, but a license suspension hearing can be a great tool to gain an advantage in your Smyrna 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 your Smyrna Driving Under the Influence case. In that case, the judge will issue an order affirming the license suspension action and transmit the order to the Georgia Department of Driver Services, which will then suspend your license or driving privileges.  Again, because the burden on you, Smyrna DUI officer, is so low to meet in these hearings, there is a good possibility that your license may be suspended. However, we may still gain an advantage in your Smyrna DUI criminal case based on testimony from the hearing.  The decision can be appealed if the judge commits a ruling error.

Can I handle the license suspension hearing myself?

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

A warning to drivers:

As a warning to drivers, the Governor’s Office of Highway Safety annually mobilizes sober driving campaigns. The Drive Sober or Get Pulled Over program typically runs from mid-August through Labor Day and is currently running through New Year’s Day.  Georgia State Patrol and the Smyrna Police Department also participate in the 100 Days of Summer H.E.A.T and Operation Zero Tolerance campaigns.  Every holiday season, we see increased concentrated patrols, aggressive traffic enforcement, and DUI sobriety checkpoints (roadblocks).  The Click It or Ticket safe driving campaign wrapped up over Thanksgiving weekend. The National Highway Traffic Safety Administration (NHTSA) and the Georgia Governor’s Office of Highway Safety (GOHS) post on Facebook Never drive under the influence of alcohol or drugs, especially during the Drive Sober or Get Pulled Over campaign running through New Year’s Day.

 

If you have to ask if you’re okay to drive, you already know the answer. #DriveSober or Get Pulled Over pic.twitter.com/nlmpb3RLJF

— Georgia Governor’s Office of Highway Safety (@gohsgeorgia) December 19, 2024

Call our experienced Smyrna DUI lawyers today:

If you are facing a Smyrna DUI charge, a license suspension action, or have been ticketed for a serious traffic offense, contact our experienced Smyrna 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.  Contact us at 404.816.8777.

Smyrna City Court Services location: