DeKalb County DUI Lawyers

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 Help

To 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 Hearing

Under 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 Court

DeKalb 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 Process

If 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 Today

As 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.

First-Offense DUI Questions in DeKalb County

Will I Go to Jail for a First DUI in DeKalb County?

A first Georgia DUI conviction carries 10 days to 12 months in jail, but the judge may probate all of it except 24 hours when the alcohol level was 0.08 or higher. Many first offenders in DeKalb County serve only that day, and the time spent in jail at arrest usually counts toward it. Actual jail time climbs when the case carries an aggravating fact such as a high test result, a wreck, a child in the car, or a prior DUI. Our guide to what increases a Georgia DUI fine and jail sentence explains each one.

How Long Do I Have to Save My License After a DeKalb County DUI Arrest?

Thirty days. The arresting officer serves a notice that starts a 30-day window to request an administrative license hearing or to elect an ignition interlock permit. Miss the deadline and the suspension takes effect on its own, long before a court date in Decatur. This is the first thing a Decatur DUI attorney handles in a new case. Our ALS hearing page walks through the choice.

What Are the Penalties for a First-Offense DUI in DeKalb County?

A first offense DUI in DeKalb County is a misdemeanor. The sentence includes a fine of $300 to $1,000, at least 40 hours of community service, a DUI Risk Reduction Program within 120 days, a clinical evaluation, and 12 months of probation less any days served. The driver’s license is suspended for 12 months, with early reinstatement possible after 120 days once DUI school is complete and the restoration fee is paid. Most misdemeanor DUI cases from Decatur, Brookhaven, Dunwoody and Chamblee are heard in DeKalb County Recorder’s Court or the State Court of DeKalb County, or in a municipal court such as Brookhaven, Dunwoody or Chamblee when a city officer made the arrest. The first offense DUI in Georgia page covers the full sentence.