Atlanta DUI FAQs

How Do I Win my DUI case?

Try not to discuss the facts of your case with anyone, except an attorney. Anyone who learns facts about your case could become a witness against you, whether that person wants to testify or not. (Attorneys are the exception to this rule because you have an attorney-client privilege with any attorney, and that attorney cannot be required to give evidence against you, even if you don't hire that attorney.) If possible, ask your friends and colleagues for a referral to a trusted attorney. Meet with two or three potential attorneys. Choose the attorney you feel most comfortable asking questions, and who answers your questions to your satisfaction. Make sure you give your attorney the resources needed to thoroughly defend you (that means understand and pay the fee as due). Tell your attorney everything about you and your case. Listen to and follow your attorney's advice. While no attorney wins 100% of his or her cases, your attorney stands the best chance if you explain your goals and define "win" as a realistic resolution of your particular case.

How do I win my serious traffic violation case?

Some of the same suggestions apply here, as well. Make sure you tell your attorney everything about the facts of your case, even if you think a particular fact is minor. If your case involves a car wreck, make sure your attorney knows who your insurance agent is and tell any adjusters that you would prefer to answer questions about the case in writing. Let your attorney review your answers before sending them back to the insurance company. Listen to and follow your attorney's advice.

How do I get my Georgia driver's license back?

The Georgia Department of Driver Services is the agency that regulates licenses. Probation, judges and clerks of court have no power to give you a license, or to tell you the status of your license. You can contact DDS on the internet at www.dds.ga.gov or by telephone 678-413-8400, 8500 or 8600. Information on file with DDS is confidential; your attorney can only speak with a DDS official with your written permission. Your attorney has the form and contact information to place this on file under your driver's license. If your license has been suspended or revoked due to a serious traffic violation, DDS will suspend your license for a time period depending upon the number of serious violations you have accumulated in the past 10 years, or the number of "points" on your driving history. These time periods are regulated by statute. If you think you qualify for reinstatement of your license, and DDS disagrees, it is best to hire an attorney to help you get your license back.

Should I discuss my case with family members, friends, or coworkers?

No, don't. If you discuss your arrest with others, they can be called as witnesses by the prosecution. Your attorney can't be a witness against you.  Telling people about your arrest can damage your reputation, upset your loved ones, and may jeopardize your job. You should discuss your case only with your lawyer.

Can I get my driver's license back?

Possibly. Each case has its own special facts, and there are valid legal defenses that can be used against your administrative license suspension. One or more defenses may apply in your case.

If I get a DUI, will I lose my Scholarship? Can I be kicked out of school?

If you have a Georgia "Hope" Scholarship, be warned that you can lose it for two terms if you are convicted of a felony drug offense: both for the school term in which the conviction occurred as well as the following term. No early reinstatement is allowed, and First Offender treatment will not save your scholarship. 

If you have a federal scholarship and you are convicted of ANY drug offense, including a State misdemeanor marijuana charge, you will lose your scholarship for at least one year, and you could lose it permanently. Early reinstatement is possible if certain criteria are satisfied.

In addition to losing your scholarships, you can be suspended from any University System of Georgia School just for being charged With certain crimes. You don't even have to be convicted-- just charged. Statue 406.02 VIOLATIONS OF STATE OR FEDERAL LAW says "A student in any institution of the University System of Georgia who is charged with or indicted for a felony or crime involving moral turpitude, may be suspended pending the disposition of the criminal charges against him." But don't despair-- a skilled and knowledgeable DUI and drug attorney can be of invaluable assistance.

Can you guarantee results?

Beware of any attorney who guarantees results.   In criminal case law, as in most other areas of life, absolute certainty is not possible.  However, the best results in any case always come from a good professional relationship with a competent attorney.

Could I represent myself in court or at the license hearing?

Do-it-yourself legal work doesn't make much sense.  DUI is a serious criminal matter and there are stiff penalties.  Take your charges seriously.

What if I can't appear in court?

Your attorney can appear for you in court in most cases.  You may not have to be present until your trial date.

What is the administrative hearing about?

The Georgia Department of Driver Services has the right to suspend or revoke your drivers license while the criminal charges are pending if you took a breath test and the results are above the legal limit for your class of license, or if you refused to take a test at the officer’s request.

An Administrative Law Judge will decide whether the police officer had a legal right to stop you and a legal right to arrest you.  If you took a test, the ALJ will also determine whether your test for alcohol content was legally above the limit.  If you refused a test, the ALJ will determine if you in fact refused, or whether you were justified in refusing to take a test.  If the evidence supports the arrest and evidence against you, your license will be suspended.

What is the first step in contacting a lawyer?

Contact our office and ask for the Consumer Guide “How to Hire a Georgia DUI Attorney.”  Fill in the online case evaluation and make an appointment to meet with us.

What should I look for in a DUI defense attorney?

Most attorneys do not practice criminal law; you need a specialist to defend your rights. When you're looking for a DUI defense attorney, you should evaluate the initial interview carefully.  You do not want an attorney who necessarily handles all kinds of criminal defense; DUI cases are uniquely difficult to handle, even by attorneys who handle murder and robbery cases.  Make sure you ask how many of the attorney’s current cases are DUIs.

You should feel comfortable with the attorney and confident in his or her ability in your case.  Ask questions, and make sure they're answered to your satisfaction.

Some firms use paralegals or secretaries to interview clients.  Be sure you meet with a competent DUI defense attorney.

Why should I see an attorney about my DUI?

A DUI is a felony or misdemeanor criminal offense, not just a traffic ticket.

If you are convicted of a DUI, there are mandatory penalties. Your driver's license is automatically suspended upon conviction.  Your auto insurance rates may skyrocket, and a conviction may be added to your credit report.  If you hold a professional license, a conviction must be reported to your licensing or professional agency.

In short, you have a lot to lose.  So it makes good sense to hire an attorney to defend you against these charges. An experienced DUI defense attorney can review the facts of your case to find legal defenses to your charges.