Experienced Fulton County DUI lawyers at Chestney & Sullivan
Suppose you have been arrested in Fulton County for driving under the influence (DUI). In that case, our experienced Fulton County DUI lawyers are available to discuss your Fulton DUI case at any time, including after hours and on weekends. We understand that DUI arrests happen at the worst possible times. Mr. Sullivan is available to discuss your case. Call us at 404.816.8777 today. We offer a free and confidential consultation. Remember that you only have thirty days from the date of your arrest to address an administrative license suspension action. Mr. Sullivan can discuss your DUI criminal case and license suspension action with you today. Mr. Sullivan can discuss his recent Georgia Supreme Court case, State v. Dias, which may prevent the prosecution from using a blood test refusal against a defendant at trial. We are happy to discuss your case with you, as several pro-defense appellate rulings may impact the prosecution of your charges. Call us today at 404.816.8777
Arrested for a DUI in Fulton County?
If you were arrested for DUI in Fulton County, call our experienced Fulton County DUI lawyers today. We understand what you are going through. If you have any questions, we’ll be happy to answer them. Whether you have a DUI pending in Fulton State Court, Sandy Springs, Roswell, Johns Creek, Alpharetta, or Milton Municipal Court in North Fulton, or in the City of South Fulton in College Park, Fairburn, Union City, East Point, Forest Park, Chattahoochee Hills, or even in the heart of Fulton in the City of Atlanta, our experienced Fulton County DUI lawyers are prepared to go the distance to avoid a DUI conviction in your Fulton County case either in municipal courts or in Fulton County State Court. When your DUI case begins in any city court in Fulton County, the municipal court loses jurisdiction if you demand a jury trial. Your case has been transferred to the Fulton County court system for prosecution. Sometimes, that is the best option if the prosecutor in the municipal court refuses to negotiate an acceptable resolution in your case. Some Fulton municipal courts will not allow a DUI case to be tried in their jurisdiction, leaving the only option to try your DUI case in the Fulton County court system.
What is the court process for my Fulton DUI in the Fulton County court system?
If your case is a misdemeanor, the Fulton County Solicitor’s Office prosecutes your Fulton County DUI when you request a jury trial. The elected Solicitor General of Fulton County is Keith Gammage. Ten Fulton County State Court Judges preside over misdemeanor DUI charges. Your case is randomly assigned to a judge once the solicitor (prosecutor) files your case with the Fulton County Clerk’s Office. In most cases, the assigned judge will preside over your case until a final resolution is reached. Our Fulton DUI lawyers have years of experience defending and trying DUI cases in Fulton State Court.
If your case involves a felony charge, it will be transferred to the Fulton County District Attorney’s Office for prosecution. There are currently twenty elected Fulton County Superior Court Judges and five Superior Court Senior Judges. The Fulton County Superior Court Clerk’s Office handles all court filings associated with your case. Most DUI cases our Fulton County DUI lawyers bind over for jury trial are handled in the Fulton County State Court.
Each judge handles their caseloads differently, so your Fulton DUI lawyer must know how each judge runs their courtroom. Our Fulton DUI lawyers regularly try DUI cases in Fulton County. Because we frequently handle DUI cases in Fulton County State Court, we are familiar with the judges and prosecutors representing the State of Georgia in prosecuting your case. Even though your case may have been sent to Fulton County to preserve your right to a jury trial, the facts of a particular DUI case may be best suited for a bench trial — a trial where the judge decides the case instead of a jury. Sometimes, a bench trial is a sound strategy; at other times, it is not. There are many times when a jury trial is the best possible option to avoid a DUI conviction on your Fulton DUI case if the prosecution refuses to negotiate an acceptable resolution in your case. We assess your case’s facts before deciding whether to proceed with a bench or jury trial. In Fulton State Court, the prosecutor must consent to a bench trial if you request one.
How our skilled Fulton County DUI lawyers build a successful defense in your Fulton DUI case:
When our Fulton County DUI lawyers prepare your case, we wait to decide whether to have a bench trial or a jury trial until we have conducted a thorough investigation into the facts of your Fulton County DUI case. Additional factors may come into play once we know which judge will preside over your case when deciding whether to have a bench or jury trial. When evaluating your case, our firm thoroughly investigates the facts of your Fulton DUI arrest as if your case were going to trial. Once an investigation is complete, Mr. Sullivan reviews the case to identify potential defenses and strategies. We then compile a comprehensive plan for the best possible defense. Chestney & Sullivan is well known for trying cases, and our Fulton DUI lawyers are prepared to go to trial if that is what it takes to avoid a conviction for your Fulton County DUI.
To build a strong DUI defense in Georgia, our Fulton County DUI lawyers begin by meeting with you to discuss your case and gather as much information as possible about what happened. Using this core information, we seek additional evidence to support our defense by utilizing specialized resources to verify the accuracy and legality of the testing and other details related to your arrest. We gather information, including videos, 911 calls, possible surveillance footage, police reports, documents, and road and scene conditions details. There are also times when we utilize the services of toxicologists, accident reconstructionists, private investigators, breath test and field sobriety experts, medical professionals, and video illustrators, among others, to help build a solid DUI defense in your case. Our Fulton County DUI lawyers then analyze your case, beginning with whether the initial stop or the reason for police involvement was lawful. We also examine suppression issues related to the admissibility of field sobriety tests or state chemical tests (breath, blood, or urine). We then develop strategies to conduct the best possible license suspension hearings, preliminary and committal hearings, motion hearings, and trials. This approach is an effective way to ensure we are prepared to defend your Fulton DUI.
Field Sobriety Tests Examined:
In most DUI investigations, the police conduct Standardized Field Sobriety Evaluations, which are developed and overseen by the National Highway Traffic Safety Administration (NHTSA). They consist of three standardized evaluations, followed by blowing into a preliminary breath test screening device (PBT or alco-sensor). The three standardized evaluations are the Horizontal Gaze Nystagmus Evaluation, Walk and Turn, and One Leg Stand. Then, a portable breath test device is administered to determine if what the officer is seeing is caused by alcohol, some other drug, or nothing at all. These evaluations are standardized, meaning they are to be administered and interpreted the same way every time by every trained officer. If the DUI field sobriety evaluations are not administered in a standardized manner, the results may be compromised.
Horizontal Gaze Nystagmus Evaluation (HGN):
Nystagmus can be explained as the involuntary jerking of your eyes. Most people have some form of nystagmus, but it is usually imperceptible. The nystagmus or “jerking” can be caused by a central nervous system depressant, head injury, sleep deprivation, or other neurological disorders. The officer conducts a series of passes at varying speeds, looking for “clues” or nystagmus throughout the Horizontal Gaze Nystagmus evaluation (HGN) and scoring those clues.
Walk and Turn and One Leg Stand Evaluations:
The Walk and Turn and One-Leg Stand evaluations are also standardized. They must be administered in a specific manner with clear instructions to the driver to ensure no confusion about how the driver will perform the evaluations. These evaluations are not scientific, and if the officer fails to demonstrate to the driver how to perform the evaluation or does not provide clear, standardized instructions, the results may be compromised and invalid. Other factors, including weather conditions, road conditions, injuries, and age, may also affect these evaluations.
Preliminary Breath Test Screening Device (PBT or alco-sensor):
A preliminary breath test screening device (PBT) is the last evaluation. The device must be from an approved list maintained by the Georgia Bureau of Investigation (GBI). This device does give a number for alcohol concentration. Still, the numerical results are not admissible at trial because they are not as reliable as those from the official state test on an Intoxilyzer 9000 (which measures breath through infrared spectrophotometry) or a blood test (using a mass spectrometer). However, an officer may testify that the PBT showed positive or negative for alcohol.
Mr. Sullivan is certified in Standardized Field Sobriety evaluations and received his training with the Conyers Police Department and the Rockdale County Sheriff’s Department. There are challenges to the admissibility of these evaluations and how an officer can testify at trial concerning the evaluations administered. Our experienced Fulton County DUI lawyers can discuss how we attack field sobriety evaluations in Fulton DUI cases. Call Chestney & Sullivan today at 404.816.8777.
Can I represent myself and avoid hiring Fulton County DUI lawyers?
There is a saying that “a person who represents himself has a fool for a client.” DUI cases are among the most severe prosecuted in municipal courts or the Fulton County State Court. Representing yourself and fighting your charges or entering a guilty plea is not a good idea. Even if you think you are guilty and may not want to fight your case, there are matters that a skilled Fulton County DUI lawyer is better equipped to handle than someone representing themselves. Here are some reasons why you may consider hiring us rather than representing yourself:
- You might have a defensible case! If you represent yourself and are not adequately trained in DUI defense, you will have no idea what to look for. Experienced Fulton County DUI lawyers can better identify and exploit defenses in your case.
- You can jeopardize your driving privileges if you go to court and enter a guilty plea to DUI or DUI Child Endangerment charges by yourself. If you have been arrested by a Fulton County DUI officer (or any Georgia police officer), you should have been notified of a license suspension action. Enter a guilty plea without adequately addressing the license suspension action. You cannot obtain a limited permit (if eligible) until and unless the license suspension action is conducted correctly.
- If your license is suspended for refusing the State’s chemical test from losing a suspension hearing or failing to address a license suspension action within 30 days from your arrest, your Georgia driver’s license or driving privileges will be suspended for a year with NO PERMIT. Properly coordinating and handling the criminal case and the license suspension action can improve your chances of regaining your driving privileges.
- Other charges besides your Fulton DUI charge may be more severe and carry more punishment than the DUI charge itself, like Serious Injury by Vehicle, 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 Fulton DUI attorney who is familiar with the municipal courts in Fulton County, 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 and 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 a guilty verdict after trial.
- Some Fulton County DUI officers will seek blood search warrants. You may struggle to challenge the admissibility of your blood test results effectively.
- 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 and Your Fulton DUI
IMPORTANT INFORMATION CONCERNING YOUR DRIVER’S LICENSE WHILE YOUR FULTON DUI CRIMINAL CHARGES ARE PENDING IN COURT
Besides your DUI criminal case pending in Fulton County, you are likely facing an administrative license suspension. It is crucial to consult with an experienced Fulton County DUI lawyer when facing a license suspension action. There is a limited time to request a separate hearing, which the Office of State Administrative Hearing conducts to preserve your driving privileges – thirty days from the date of your arrest. 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 Fulton County DUI officer to serve you notice of an administrative license suspension. If a Fulton DUI Task Force Officer has arrested you, you can be confident that they have 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 lost at the jail).
- Our Fulton 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, you must understand that you have only 30 days from the date of your arrest to request a hearing to preserve your driving privileges or waive your hearing by opting for an ignition interlock device permit through the Georgia Department of Driver Services.
Three tracks you can take [beware of choosing without the advice of an experienced Fulton DUI lawyer]:
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Do nothing within 30 days of the date of your Fulton DUI arrest:
In most cases, our Fulton County DUI lawyers do not recommend that you do nothing within 30 days of your arrest for DUI in Fulton County. If you do nothing and your officer initiates an administrative license suspension action, your driving privileges will be automatically suspended for one year, with no driving permit, on the 46th day after your arrest if you refused the state chemical test. Even if you did not receive the DDS-1205 form due to your Fulton DUI arrest, we still recommend taking some action instead of doing nothing. However, there are limited circumstances in which we recommend that our clients take no action regarding a license suspension, but these are rare.
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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 Fulton 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 Fulton 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.
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Properly waive your right to an administrative hearing and have an ignition interlock installed:
This track took effect on July 1, 2017. This allows you to waive your right to an administrative hearing properly and have an ignition interlock installed. If this is your first DUI arrest in five years, this option will allow you to be able to drive in Georgia and fight your Fulton DUI criminal case without losing the privilege to drive. It comes with a cost, of course. It involves waiving your right to an administrative hearing through the Georgia Department of Driver Services. You would need to install an ignition interlock device on your vehicle for a minimum of 120 days if you tested over the “per se” legal limit or one solid year of having the ignition interlock device installed in your vehicle (and driving under the confines of an ignition interlock permit) if you refused the Fulton DUI officer’s request for a state-administered chemical test. If you choose this track, we highly recommend installing the ignition interlock first and visiting DDS within 30 days of the arrest date 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. Suppose you remove it while under your ignition interlock permit, tamper with it, or it tests positive. In that case, your driving permit may be revoked for six months, meaning you will be prohibited from driving altogether. 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 Fulton 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 Fulton 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 Fulton 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 Fulton 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 four months. If they are subsequently acquitted of the underlying Fulton 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 DUI charge in Fulton.
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 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 that 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.
Contact Chestney & Sullivan today at 404.816.8777 to discuss your Fulton DUI case with our dedicated Fulton DUI lawyers. Our DUI defense lawyers are experienced in handling license suspension proceedings. We can review your case and prepare a strategy for your Fulton County DUI criminal case and license suspension action.
So, I made a proper request for a license suspension hearing; what happened next?
The license suspension action is a separate civil matter from your criminal case, addressing only your license or driving privilege in this state. The administrative license suspension action is litigated by a separate court from your criminal case. Once the Georgia Department of Driver Services processes your request for a hearing, your case is forwarded to the Georgia Office of State Administrative Hearings (OSAH), where a hearing will be scheduled before a judge from that agency. A hearing date is typically set approximately 60 days from your Fulton DUI arrest date. Once a hearing is requested, the Department of Driver Services will extend your driving privileges until an order is entered from an OSAH judge.
The scope of the license suspension hearing is minimal:
At a hearing, the OSAH judge has a minimal role in deciding your case. This judge is not the same judge that will preside over your criminal case. This judge is bound by law to consider only the statutory factors and determine whether they were met based on the evidence presented at the hearing. That is it. The judge does not consider your criminal or driving history. The judge is not concerned about your job, transportation issues related to your children’s school or daycare, or any other hardship you may face if your license is suspended. The judge’s only role in a license suspension hearing is to determine if the following statutory factors were met:
- Whether your Fulton 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 Fulton 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?
Like other court proceedings, the judge will enforce the Georgia Rules of Evidence at the OSAH license hearing. Because the burden is on the Fulton DUI officer to establish that the statutory factors were met, the Fulton DUI officer testifies first. Some jurisdictions allow the officer to seek assistance from the prosecutor’s office, or, if the officer is a Georgia State Patrol Trooper, an attorney paid by the State of Georgia assists the officer during direct examination. The officer is then subject to cross-examination. Sometimes, our Fulton County DUI lawyers may place our clients or other witnesses on the stand for direct examination. Our witnesses would then be subject to cross-examination from the other side. Once the testimony and presentation of the evidence are finished, each side can make a closing argument. The judge will then typically decide within five business days and transmit that decision to the parties and the Georgia Department of Driver Services. If there is an error in the judge’s ruling, an appellate process is available to review the court’s decision.
What happens if I win the license suspension hearing in my Fulton County DUI case?
Suppose the judge finds that one or more of the applicable statutory factors above were not met. You win! In that case, 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 remove the license suspension action from your driver’s history, resulting in no administrative license suspension. This does not mean that your Fulton County DUI criminal case is being dismissed; however, an OSAH hearing can be a valuable tool to gain an advantage in your Fulton County DUI criminal case.
What happens if I lose my 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. Driver Services will then impose the license suspension. Again, because the burden on the Fulton DUI officer is so low to meet in these license suspension hearings, there is a good possibility that your license may be suspended. However, our Fulton County DUI lawyers still may be able to gain an advantage in the criminal case based on testimony from the license suspension hearing. The order can be appealed if the judge committed an error in the ruling. Additionally, suppose your Fulton DUI charge is reduced or dismissed, or you are found not guilty. In that case, the suspension is automatically lifted and removed from your driver’s record as a matter of law.
Can I represent myself at the license suspension hearing in my Fulton DUI case?
Because a license suspension action following a Georgia DUI arrest is a complex subject that even many lawyers may not fully understand, we strongly encourage you to contact us immediately to discuss your Fulton County DUI case. Too many variables can impact your driving privileges, which should be addressed in the context of your specific case and prior criminal history. Remember, you only have 30 days from the date of your arrest to request a license suspension hearing through the Georgia Department of Driver Services.
Warning to drivers:
As a warning to drivers, the Governor’s Office of Highway Safety enforces sober driving campaigns throughout the year, including its Drive Sober or Get Pulled Over program. The Georgia State Patrol and other Fulton County law enforcement agencies implement their “100 Days of Summer H.E.A.T.” campaign from mid-May through Labor Day yearly. This year, 100 Days of Summer H.E.A.T. will run from May 19 through September 2. Operation Zero Tolerance will run from June 27 through the Fourth of July until July 6. The Click It or Ticket campaign runs from May 19 through Memorial Day until June 1, and another campaign will happen over the Thanksgiving holiday weekend. The Drive Sober or Get Pulled Over campaign runs from August 13 through Labor Day and and again from mid-December through New Year’s Day. Recent posts by the Georgia Governor’s Office of Highway Safety (GOHS) urge people never to drink and drive, and to drive sober.
Call our experienced Fulton County DUI lawyers today:
If you are facing a Fulton County DUI charge or license suspension action or have been ticketed for a serious traffic offense, contact our experienced Fulton County DUI lawyers today. We will meet with you free of charge to discuss your options and provide advice based on our experience in the court, Four where your case will be heard. Call us at 404.816.8777.
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Administrative License Suspension