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.

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. Here is how you should choose a lawyer.

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.

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.

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.” Call us at 770.338.2338 or fill in the quick form for more information on our home page.

Do you have a 24-hour telephone answer-line? What hours will you answer my questions?

Some Gwinnett attorneys answer their phones during normal business hours, and others continue to answer after 5:00. It's important do find an attorney who is willing to answer your questions. It’s 2011, and the era of the phone is behind the times. My clients can reach me by email anytime, or by phone during regular business hours. If I’m in court when you call during business hours, I will return your call as soon as I can. However, it’s unrealistic to expect that you can contact me to try and get you out of jail in the middle of the night or over a weekend. Once you hire me, I will make sure that I cover every court appearance without you that I legally can. (If you don’t hire an attorney and you don’t go to court, you will end up back in jail.) If I haven’t answered your email within 24 hours, something unusual is going on.

Personally, I don’t like voicemail trees. When I call someone to make a purchase, I want to talk to a live person. When you call me during business hours, you’re going to talk to a live person. You may have to leave a message for me, but you’ll never be routed to "voicemail hell."

How much does a lawyer in Gwinnett or Fulton County charge for a DUI?

If it really doesn’t matter to you personally or professionally if have a DUI on your record, by all means, choose an attorney based on his answer to this one question. If your reputation in your family, professional life and your community are important to you now, or in the future, this is only one factor to consider when selecting an attorney to represent you. You owe it to yourself to figure out if an attorney is just making a sale or is truly interested in the challenge your case presents.

Be wary of the Gwinnett or Fulton County lawyer who tells you that fees start as low as $300 (yes, the fees start that low, but is just the first of many monthly payments). A fee that low can also mean the lawyer is going to plead you guilty but not tell you until the day before court.  There are also lawyers throughout Gwinnett and Fulton Counties who will tell you the fee is $10,000 because “that is how much we charge for a trial. We’re not sure you need a trial, but you need to pay that or we won’t work for you at all.” In this case, the attorney is not listening to you.

Expect a good DUI defense lawyer in metro-Atlanta area will charge an initial fee of $1,000-$5,000, plus expenses, and depending upon whether you are interested in minimizing the consequences of a DUI conviction or whether nothing less than an acquittal will do—in which case an additional trial fee will increase this amount.

How does a Gwinnett DUI lawyer determine the odds of winning my case?

An experienced DUI defense lawyer in Gwinnett or Fulton Counties is not going to tell you the odds of winning your case when you first meet. It really depends upon an in-depth client interview done by a paralegal or an investigator, or in a lengthy written questionnaire, not in the initial consultation.

Nor will an experienced DUI defense lawyer in Gwinnett or Fulton Counties tell you the odds of winning your case based only on what you tell him or her. The attorney must gather the evidence that will likely be used against you. No experienced attorney can get this information as a part of the initial consultation, even if you bring an accident or arrest report with you to the consult. There is a lot more to a real investigation and evaluation of your case. It takes time and money to properly investigate a DUI case and to properly formulate a defense that is customized to your case.

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.

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.

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.

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.

What is the 10-day Rule?

If the officer kept your driver’s license and gave you a large, yellow sheet of paper that is your temporary license (check your wallet; don’t bury this paper!), you have 10 days to appeal a license suspension.

If you have your plastic license, call the Department of Driver Services license information line at 404-657-9300 and enter your license number.  If the voicemail tree says “YOU HAVE A VALID LICENSE,” this means you probably do not face a civil license suspension.

The 10 days are TEN BUSINESS DAYS starting the day after your arrest.

It is better to err on the side of requesting a hearing and finding out later that Officer Friendly didn’t ask for a civil suspension, than not requesting a hearing, and learning the hard way that you can no longer drive legally.

It’s always best to hire a DUI Defense Attorney before the end of this 10-day period so that your attorney can appeal the license suspension for you.

changes to 10-day rule as of May 13, 2010

Changes to O.C.G.A. §40-5-67.1 from House Bill 1055 enacted at the 2010 Session of the Georgia General Assembly require payment of a filing fee of $150.00 to appeal an administrative license suspension or implied consent suspension (per se or refusal). The new filing fee applies to any incident occurring on or after May 13, 2010. The filing fee should be submitted with the appeal letter within ten (10) business days of incident. Checks and money orders are the preferred forms of payment, and they should be made payable to the Department of Driver Services (DDS). The DDS will be contacting customers/attorneys in writing if the filing fee is not sent with the appeal, and DDS will be amending 1205 to reflect fee requirement on violator's copy.

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.

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. See our blog on Under 21 & DUI.

Can I get my DUI arrest Expunged?

I get hundreds of calls each year asking how a driver gets a DUI conviction expunged.  In Georgia, an expungement is reserved for those who are arrested for a crime but never prosecuted for some reason.  If a formal charge is filed against you (an indictment or accusation), you cannot legally have that arrest expunged from your criminal record.

If you are originally charged formally with DUI and your attorney convinces the prosecutor to dismiss the DUI by entering a plea to Reckless Driving or some other violation, you cannot legally have the DUI arrest expunged from your record.

If you have been arrested and later acquitted by a judge or jury for that offense, you may have the arrest removed or pardoned by application to the Board of Pardons and Paroles.

There is no way to legally remove a DUI charge from your criminal record.  Your record will be supplemented with the information of what happened in court:  dismissed, acquitted, convicted, pled guilty.

Now what?

You've done your research, but I know you've still got lots of questions. You may find many of them answered in our blog. But if you've read this far, it's time to pick up a phone and call Clark & Towne DUI Lawyers 770.338.2338 and make an appointment to meet us in person. Too shy? Don't be. It's your future at stake.