Roswell DUI Attorney
Facing DUI Charges?
Being charged with a DUI can be an intimidating experience. Although it may feel as though there is nothing that can be done to defend you, this is far from the truth. There are a number of potential defenses that could be used to seek to get your charges reduced or dismissed. Our firm has helped countless clients overcome DUI charges successfully and may be able to begin assisting you immediately.
With almost 50 years of combined experience, our firm can handle even the most complex DUI charges. We have helped many to obtain not guilty verdicts, favorable pleas and even dismissal of all charges. When you hire a Roswell DUI attorney with a successful track record, you are giving yourself the best possible chance to overcome serious charges.
Our highly experienced DUI defense attorneys from The Sherman Law Group will aggressively defend clients and do all they can to fight for a dismissed charge, reduced charge, alternatives to jail, or an acquittal. Your chance of overcoming these charges is much higher when you have one of our experienced legal team on your side.
If you are facing penalties for drunk driving charges, call the firm today and speak with a Roswell DUI attorney.
Our DUI Practice Areas
If you are convicted of DUI charges in Roswell, you could be forced to face serious repercussions including jail time, license suspension, expensive fines, community service, and other penalties. We will do everything possible to fight for a favorable outcome in your case. We know how much stress and anxiety you are experiencing, and you can be assured that we will aggressively represent you and will be fully committed to your defense.
We represent individuals charged with any DUI offense, including:
We manage our cases from start to finish, and represent our clients at DDS hearings, address the problem of vehicle impoundment, and challenge all evidence including field sobriety tests, BAC, and breath and blood tests. We can help you defend against potential DUI penalties & felony charges. Our criminal defense experience provides individuals accused of any such offense the legal support needed.
Frequently Asked DUI Questions
Was my DUI stop legal?
Police officers are required to have probable cause to perform a traffic stop. The cause may be a traffic violation, defect in the vehicle's safety equipment, or a driving action that displays that the driver is intoxicated.
Common reasons to stop a vehicle include:
- Speeding
- Failure to use signals
- Rolling through a stop sign
- Driving with burned-out lights
If the police officer did not have a valid reason to pull you over, you may be able to use this as defense to your DUI.
What are the penalties for DUI?
The penalty that you face in Georgia for your offense of driving under the influence will depend on how many previous offenses you have received. For just a first-time offense of driving under the influence, you can face 24 hours to 1 year in jail, fines of $300 to $1,000, as well as a license suspension of up to 1 year. Penalties continue to increase for each subsequent offense.
Will I go to jail?
For a conviction of driving under the influence, there is a good chance that you will go to jail. The length of time that you will spend incarcerated, however, depends on the number of offenses you have.
The breakdown is as follows:
- 1st Offense – 24 hours to 1 year
- 2nd Offense – 3 days to 1 year
- 3rd Offense - 15 days to 1 year
- 4th Offense – 1 to 5 years
You must serve the minimum sentence for your specific charge but the remaining time can be suspended or probated by the judge.
Will I lose my license?
After being convicted for a DUI, you will lose your license for a temporary timeframe. The Georgia Department of Driver Services (DDS) will suspend your license for either being charged with DUI or for refusing to take a chemical test.
The length of time in which it will be suspended depends on the circumstances of the arrest, including:
- Your age
- Your blood alcohol content (BAC)
- Whether you refused a chemical test
What is a limited driving permit?
You may be able to obtain a limited driving permit in Georgia if your license has been suspended. You may be eligible for the limited driving permit if you plead guilty to driving under the influence and it is your first offense within five years. DUI driving permits are known as limited driving permits and can be valid for 120 days from when you were convicted.
What makes a DUI a felony?
Driving under the influence (DUI) in Georgia will be considered a misdemeanor or felony. Most DUIs are classified as a misdemeanor, but you could be charged with a DUI felony if you have prior offenses on your record or you violated another law in addition to drinking and driving.
Some of the circumstances that can lead to a felony DUI charge are:
- Causing an accident that results in extensive property damage
- Causing an accident that leads to serious personal injury
- Causing an accident that results in wrongful death
- Transporting a child while impaired
- Arrests for a fourth DUI
What is a field sobriety test?
Field sobriety tests are used by police officers to identify possible drivers who are under the influence of alcohol. They are roadside field sobriety tests that occur when an officer pulls over a driver and is suspicious that he or she is under the influence of alcohol.
The three main field sobriety tests are:
- Horizontal Gaze Nystagmus
- Walk and Turn
- One-leg Stand
What happens if I refuse a breath test?
If you are arrested for DUI in Georgia, you should be aware of the consequences of refusing a chemical test, such as a breath test. You will be charged for refusing to submit to the breathalyzer test and may also be charged with DUI. The state can take your license because of the refusal to submit because of the Administrative License Suspension Process. You will have 10 days to request an ALS hearing to defend your driving privileges.
Can I fight my DUI even if I fail a breath test?
Even if you fail a breath test and your blood alcohol content is over the legal limit, you can still fight your DUI. There are many errors that can lead to a false BAC result and our firm can help you fight these charges. If the regulations for administering a breath test are not strictly observed, a false positive result may be shown.
Some of the ways a breath test can be proven inaccurate include:
- Operator error
- Improper calibration of the device
- Certain medical conditions
- Environmental contamination of the sample
- Inaccurate record-keeping
When should I hire a Roswell DUI attorney?
If you want to fight your DUI case and to pursue a reduction or dismissal of your charge, you should immediately hire an attorney. You will want to work with a lawyer who understands the laws relating to driving under the influence charges in Georgia. Whether you have been charged with DUI for a BAC result that was above the legal limit or you refused to submit to a breath test, you should get the legal help you need at once and contact our firm!
Get Help Avoiding the Penalties of Conviction
With a former Assistant Attorney General and Magistrate on our team, we have the experience and insight into the criminal justice system you need if you are hoping to avoid the penalties of a conviction. Yes – you have been charged with drunk driving. This does not mean that you will be convicted or that you are even guilty of the crime. Law enforcement makes errors frequently and our firm has the experience to find the best course of action in your case. Call our firm as early as possible after your arrest so we can evaluate your situation with regard to your defense.
Arrested for DUI? Contact a Roswell DUI attorney from the firm today to start discussing your defense.
Were you arrested for DUI in Roswell?
Located in the heart of North Fulton County, the city of Roswell is home to many award-winning restaurants and a lively nightlife scene with bars, clubs and other venues. Canton Street has become a hub of culinary activity, with restaurants offering high-quality cuisine and a great assortment of mixed-drinks and craft beers.
The Roswell Police Department, at the behest of the mayor and city council, has developed its own DUI Task Force and is cracking down on drunk drivers. Targeting DUI arrests, the DUI Task Force works during times that drunk drivers are most likely to be on the road.
Roswell has its own city court. DUI cases are heard at the Roswell Municipal Court, which is located at 38 Hill St., Suite 200, Roswell, GA 30075.
The court solicitor is Krista Young. Ms. Young is the city's prosecutor for DUI cases. The Roswell Municipal Court's Chief Judge is Brian Hansford.
Our office at 1560 Warsaw Road in Roswell
A Roswell Police Officer Will Look For Clues For DUI
After a traffic stop, an officer will look for clues for impairment and DUI. Some of these clues will be more obvious to him than you may realize. The biggest initial clue is the smell of alcohol.
Below are clues the officer will look for:
- Odor of alcohol in the car or on the person
- Spilled liquids
- Incoherent and/or slurred speech
- Delayed response to police questioning
- Bloodshot or watery eyes
- Clumsily looking for license in wallet or purse
- Conflicting stories about point of origin and destination
- Admitting to drinking or being at a location where alcohol is served
- Open containers of beer, wine or spirits
Be Careful What You Say -- Be Polite
The police officer wants to talk to you when you get pulled over. In fact, that's how they are trained. The officer wants to hear you and smell for alcohol. He also wants you to admit certain things.
Once the officer has pulled you over, he will make conversation about where you have been and what you were doing. We often see people admitting to drinking prior to driving or telling the officer they were at a bar or club. The officer, hoping to make a DUI arrest, will ask you casually about what type of alcohol you were drinking, as well as how much you consumed. As Roswell DUI lawyers, we advise our clients not to speak with the officer, other than providing your name and little else. Be very polite, of course, but try to say as little as possible
DUI Field Sobriety Tests
The Field Sobriety Tests help the officer make a better case to charge you with a DUI. Field sobriety tests are, in many ways, designed for someone to fail. The officer scores the test based on “clues” the driver gives while attempting each task. The National Highway Traffic Safety Administration, in Washington, D.C., has designed and approved the Field Sobriety Tests. Only the three tests below are recognized as valid by the NHTSA
1. Horizontal Gaze Nystagmus (or HGN) (looks for involuntary eye movements)
2. Walk and Turn (tests a person's ability to walk in a straight line)
3. The One Leg Stand Test (evaluates driver's balance)
Don't Take the Field Sobriety Tests!!!
It's usually a bad idea to take the Field Sobriety Tests. Many people cannot complete the tests correctly sober due to balance and coordination issues. Also, since many people suffer from physical impairments and this prevents them from performing the tests well. Taking the tests may make someone seem intoxicated (either in a police report or on a video) when they are not.
Implied Consent
When the State of Georgia issues you a driver's license they have you sign various documents. One of those documents is "implied consent" which basically says if you are arrested for drunk driving the police officer can request a breath, blood, or urine sample. If the test is refused, then your license may be suspended. And the suspension may be a “hard” suspension for 1-year. That is you may not be able to get a limited permit at all for such things as driving to work.
If you do take the test and your BAC (blood alcohol concentration) registers over .08 within three house of driving, Georgia law requires the officer to issue Form 1205.
Form 1205
Because the police officer has taken your driver's license, the 1205 form acts as your official Georgia driver's license. It is also notification of the officer's intent to suspend your driving privileges.
Even if you have an out-of-state driver's license, the 1205 becomes your valid driver's license. If, for example, your driver's license was issued by the state of Florida, North Carolina, South Carolina, or Tennessee the 1205 now becomes your driver's license, even when you return home. Depending on the law in your home state, however, that state may issue you a new driver's license.
If you were issued a 1205 and you have a non-Georgia driver's license, you should ask the proper authorities in your home state (usually the Department of Motor Vehicles) how it will treat a Georgia suspension. Every state has its own protocol for treating out-of-state suspensions for a DUI charge.
The 10-Day Letter
An administrative appeal letter, commonly known as a "10-day letter," must be submitted to the Georgia Department of Driver Services in order to maintain your driving privileges. Even non-Georgia license- holders must submit their appeal with the Georgia Department of Driver Services, who then forwards your hearing request to the Office of State Administrative Hearings (OSAH). In the appeal, you must request an administrative hearing and allege that the arresting officer made certain specific errors during the traffic stop and subsequent arrest.
But be warned, though, failing to send a 10-day letter can result in a license suspension for one full year. Unfortunately, many drivers fail to file the appeal and their license is suspended. The state of Georgia then reports that suspension to other motor vehicle departments nationally so that other states can also suspend your driving privileges.
Roswell DUI Lawyers: Call Us Now To Help You With Your Roswell DUI Case
When you are facing a Roswell DUI charge, you need experienced, knowledgeable and sophisticated lawyers. Having served as a Senior Assistant County Attorney and an Assistant Attorney General, William H. Sherman knows how prosecutors think and do their jobs and he uses that knowledge every day in court to win cases for clients.
Attorney Valerie W. Sherman's deep experience includes serving as a Magistrate Judge and as an Assistant County Attorney. They both understand what it takes to get a great outcome for clients.
If you need to speak with a Roswell DUI lawyer, call us immediately at (678) 712-8561. We can answer your questions, discuss your options and discuss what strategies and tactics actually win cases.
What Our Clients Say
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"We can't thank you enough. You made a bad situation better. You were all a pleasure to work with. Thank you again!"
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"My family is forever in your debt. We can't thank you enough for our son's freedom and the ability to finally be able to sleep again at night and have the weight lifted from our shoulders so that we can finally once again look forward to the future."Y.L.
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Contact Our Offices
Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (678) 712-8561.