A vehicle is a must-have accessory for anyone who lives or works in the Metropolitan Atlanta area. The city’s public transportation system will get you only so far, and with the limited number of alternate options available, it’s certainly not easy to get around the metro area without a vehicle.
As a result, driving is something most Atlanta motorists take for granted and the idea of being without personal transportation is a bit hard to fathom.
However, if you are charged with driving under the influence (DUI) in DeKalb County, this imaginary scenario can quickly become a reality, as your license will be suspended automatically after your arrest.
Fortunately, experienced DeKalb County DUI lawyers at Kohn & Yager, LLC can help you avoid this life-altering penalty, as well as many of the other consequences of a drunk driving conviction. To discuss your case and the steps you can take, consult with an experienced attorney in DeKalb County today.
How a DeKalb County DUI Attorney Can HelpTo successfully challenge a DUI arrest in State Court of DeKalb County or DeKalb County DUI Court, your lawyer must conduct a thorough case investigation, review all relevant arrest details, and also draft and file targeted pre-trial motions that can exclude police evidence and discovery requests.
A DUI case can take months or even years to reach a verdict, and many court dates get postponed due to scheduling conflicts and time for a judge to rule on motions.
License Suspension HearingUnder Georgia state law, a DUI arrest automatically triggers a license suspension. Almost immediately after you are arrested, the Department of Driver Services (DDS) will begin processing your suspension, which will begin 30 days after your arrest.
Until that time, the DS-1205 form (the document you should have received when you were initially charged) will serve as your temporary license, so it is important to carry it with you at all times.
In addition to being a temporary license, the DS-1205 form also contains very important information about how to appeal your suspension. In order to do this, you must request an administrative hearing with the DDS no later than 10 business days after your arrest. If you do not submit a request or submit your request past this deadline, you will lose your one and only chance to contest your license suspension.
When you submit your request, you must provide a detailed explanation of the reason you are appealing your license suspension—otherwise, your request will be denied. Because every driver’s case is different, and due to the number of legal strategies that can be used to challenge a DUI arrest, it is important to discuss your case with a lawyer immediately.
DeKalb Recorder’s CourtDeKalb County’s Recorder’s Court handles some minor traffic offenses and misdemeanors. If your charges are initially filed in this court, you will either have to enter a plea or request a transfer to the State Court of DeKalb County (the prosecutor can also request a move on your behalf.)
State Court ProcessIf your case is assigned to State Court, you will be assigned to a judge based on your date of arrest. You will also be assigned a date of arraignment, where you will enter a plea of guilty or not guilty. If you plead guilty, your case is over and you will be convicted of DUI.
If you enter a not guilty plea, you will then have 10 days to file any applicable motions with the court. Once the motions are filed, your judge will schedule a date for your motion hearing.
Contact a DeKalb County DUI Lawyer TodayAs an exclusive DUI practitioner and member of the Georgia Association of Criminal Defense Lawyers, Kohn & Yager, LLC’s in-depth knowledge and extensive trial experience have helped thousands of drivers successfully challenge their license suspension and minimize the overall impact of a DUI arrest.
To improve your chances of retaining your driving privileges and earning a positive outcome at your administrative hearing, contact Kohn & Yager, LLC today to schedule a free, no-obligation consultation with one of the top DUI lawyers in the area.