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.
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.
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.
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 678-215-4106. We can answer your questions, discuss your options and discuss what strategies and tactics actually win cases.