Fighting DUI Charges in Roswell, Georgia
Fighting DUI Charges in Roswell, Georgia
If you are charged with DUI in Roswell, Georgia, there are certain steps you must take to ensure you keep your right to drive and defend your DUI charge. Roswell’s Police Department takes DUI seriously. Roswell has a Traffic Enforcement Unit including 2 officers assigned specifically to DUI enforcement. As a force, Roswell makes over 400 DUI arrests annually, with trials being held in both the Roswell Municipal Court and Fulton County State Court. The following information is for those accused of DUI in Roswell:
Step 1: Have a Lawyer Appeal the Suspension of Your Driver’s License
Police officers in Roswell are trained to confiscate your license after arresting you for DUI. If you took a breath test and blew over the legal limit, or refused to take any testing, the officer will likely take your driver’s license and issue you a temporary driving permit. Often, your temporary permit is printed on the bottom of a Form 1205, issued by the Georgia Department of Driver Services. This permit allows you to keep driving, pending the suspension of your license.
It is important to get a copy of your temporary permit and 1205 form to your lawyer immediately after a DUI arrest. The Dept. of Driver Services imposes a 10 business day time limit on appealing a suspension of your license if you’ve been arrested in Roswell. Your appeal letter, along with the applicable $150 fee must be sent to driver services ASAP after you are released from jail. Contact our office today to send this letter on your behalf. We send these letters on a weekly basis and will explain their purpose to you.
Step 2: Interview a Lawyer & Consult About Your Case
As soon as practicable after your arrest, you will want to both write out everything that happened on the night of your arrest and sit down with a lawyer to discuss your case. Roswell’s police officers make many DUI arrests a year, and every case is unique. A friend’s defense or outcome will not likely be the same as yours. It is important to speak to a lawyer so you know what you are typically facing and how to best assist in your defense.
When outlining the events of your arrest, pay close attention to these different areas: (1) the day of your arrest- make sure to note what you did in the 12-24 hours prior to your arrest. Where you at work an unusual amount of time, had you traveled or otherwise got less sleep than usual? Also, if you did consume alcohol or medications before your arrest, make sure your lawyer knows this information. All information provided to your attorney, or even one you simply consult with is privileged; (2) your driving and traffic stop- cover all aspects of what happened when you were pulled over with your lawyer- from the route you were driving and your destination to what you specifically remember about the cop pulling you over; (3) your interaction with the police- was the office rude, did they accuse you of drinking from the beginning, etc.. these are important things to cover with your lawyer; (4) your performance on field sobriety tests- if you took tests like standing on a leg or walking a straight line, be sure to cover how you feel you did on these tests; (5) whether or not you took a breath test at the Roswell jail or were taken to the hospital for a blood test- you will want to describe everything you can about these tests and if you refused or did not take one, make sure to explain your reasoning to your lawyer- I find that clients refuse testing for many reasons- either past advice from a friend or lawyer, a general distrust of the breath testing machine and sometime purely out of confusion about their implied consent rights.
Step 3: Prepare for Court Dates in Roswell Municipal Court & OSAH
You will have 2 key court dates after being arrested for DUI by Roswell. Usually, your license hearing takes place within 30-60 days of your arrest. At this hearing, your lawyer will attempt to negotiate for you to keep your driver’s license or will have a hearing on whether the office had a reasonable belief you were DUI.
Typically, 60-90 days after your arrest, you will also have an arraignment date in the Roswell Municipal Court. This hearing is to determine how you plead to the charges in your DUI case. Often, these hearings are rescheduled or postponed until all the evidence is in and your lawyer has had a chance to discuss your case with Roswell’s City Solicitor. Your lawyer is responsible for gathering the evidence in your case and must file for discovery with the city’s prosecutor in order to obtain and police reports or videos of your arrest.
After your initial hearings in Roswell, your lawyer will explain to you the difference between entering a plea in the Roswell Municipal Court, having a trial in Roswell, or sending your case to Fulton County to be heard. This decision depends on many different factors and should be made with the advice of your lawyer.
Zeliff | Watson Defends Clients of DUI in Roswell
If you are searching for a lawyer to defend you in your DUI case, call our office today and set up your initial consultation with one of our attorneys. Attorneys Zeliff | Watson handle every case personally, so you will never arrive at court to find a substitute or stand-in lawyer conducting your hearings. Both Mr. Zeliff and Mr. Watson keep up to date on the latest developments in DUI law and attend hours of training every year in their field. Recently, both lawyers attended one of Georgia’s first training seminars on the new Intoxilyzer 9000 which will soon be Georgia’s only breath testing machine.
Our attorneys know the ins and outs of defending DUI charges and will speak to you with both skill and respect about how we can help with your case. We never charge for our first consultation and have flexible office hours. Call us today at (770) 676 1340 or email us at Evan@zwdefense.com to set up an appointment about your case.