If a jury trial is demanded in a misdemeanor DUI case, the matter moves to the State Court of Gwinnett County at the Gwinnett Justice and Administration Center in Lawrenceville.
Call Now For a Free ConsultationEvening and event traffic around Pleasant Hill Road, Duluth’s international restaurant and business corridor, and the Gas South District can bring more drivers onto the city’s major routes. Philip Kim represents people facing DUI charges in Duluth and throughout Gwinnett County. From its Lawrenceville office, the firm’s criminal defense practice handles cases throughout the county and guides clients through each stage of the local court process.
UNDERSTANDING
DUI Charges in Duluth, GA
Georgia prosecutes DUI under O.C.G.A. § 40-6-391. The statute covers driving or being in actual physical control of a moving vehicle while impaired by alcohol, drugs, or certain other substances. It also establishes alcohol-concentration limits, including 0.08% for most drivers aged 21 and older, 0.02% for drivers under 21, and 0.04% for commercial drivers.
A first or second DUI conviction is generally treated as a misdemeanor. A third conviction within the applicable ten-year period is a high and aggravated misdemeanor, while a fourth or subsequent conviction within that period may be prosecuted as a felony.
A first DUI conviction can carry penalties that include:
A first DUI conviction can carry penalties that include:
- A $300 to $1,000 fine
- Up to 12 months of imprisonment, with at least 24 hours generally required when the person’s BAC was 0.08% or higher
- At least 40 hours of community service
- Completion of a DUI Alcohol or Drug Use Risk Reduction Program
- A clinical evaluation, unless waived by the court, and treatment if recommended
- Driver’s license suspension, generally 12 months for a first DUI conviction, with possible early reinstatement after 120 days for eligible drivers
Georgia also treats driving under the influence with a passenger under age 14 as a separate offense, meaning one arrest can result in more than one DUI-related charge.
The license side of a DUI case can also begin before the criminal charge is resolved. Under Georgia’s implied consent law, O.C.G.A. § 40-5-67.1, refusing a required state-administered chemical test can lead to separate license consequences.
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The Gwinnett County Court Process for Duluth Cases
Which court hears a Duluth DUI depends on the agency that issued the citation. A citation from the Duluth Police Department generally begins in Duluth Municipal Court, held at the city’s Municipal Court and Public Safety building at 3276 Buford Highway in Duluth. On a demand for a jury trial, a misdemeanor DUI is transferred to the State Court of Gwinnett County at the Gwinnett Justice and Administration Center, 75 Langley Drive in Lawrenceville.
When Gwinnett County Police, the Gwinnett County Sheriff’s Office, or the Georgia State Patrol issued the citation, the traffic case generally begins in Gwinnett County Recorder’s Court at 115 Stone Mountain Street in Lawrenceville and likewise moves to State Court on a jury-trial demand. A DUI charged as a felony is heard in the Superior Court of Gwinnett County, also located at the Gwinnett Justice and Administration Center.
At arraignment, the court formally reads the charges and the accused enters a plea. Confirming which agency and court are involved is one of the first steps after a Duluth DUI arrest, because deadlines, hearing dates, and the route toward a jury trial can differ from one court to the next.
Why Duluth Residents Choose Philip Kim Law
Philip Kim Law operates a single office at 368 West Pike Street, Suite 203 in Lawrenceville, minutes from the Gwinnett Justice and Administration Center where many Duluth DUI cases are resolved. The firm serves Duluth residents from that location and does not maintain a separate Duluth office.
That proximity keeps the firm close to the Gwinnett County courts where many Duluth DUI cases ultimately proceed. Philip Kim brings more than a decade of criminal defense experience across roles as a paralegal, public defender, and private defense attorney. He attended the Gerry Spence Trial Lawyers College and is a member of the Gwinnett County Bar Association’s Criminal Defense Section.
Frequently Asked Questions About DUI Charges in Duluth
View All FAQsWhere is a Duluth DUI case heard?
A DUI from the Duluth Police Department generally begins in Duluth Municipal Court. Citations from Gwinnett County Police, the Sheriff’s Office, or the Georgia State Patrol generally go through Gwinnett County Recorder’s Court. A misdemeanor case can move to the State Court of Gwinnett County in Lawrenceville on a jury-trial demand, and a felony DUI is heard in Superior Court.
Is a first DUI in Georgia a felony?
No. A first DUI is generally a misdemeanor. Repeat convictions within the applicable ten-year period can carry more serious classifications, up to a felony for a fourth conviction within ten years.
Can a DUI arrest affect my license before the case ends?
Yes. Georgia has a separate administrative license-suspension process tied to certain DUI arrests and chemical-test refusals, and it can begin before the criminal case is resolved.
What happens if I refuse the state-administered test?
A refusal can lead to a separate driver’s license suspension of at least one year under Georgia’s implied consent law, independent of the outcome of the criminal charge.
Does driving with a child in the car change the charge?
It can. Georgia treats driving under the influence with a passenger under the age of 14 as a separate DUI count, so one stop can result in more than one charge.
How Can a Duluth DUI Attorney Help?
A Duluth DUI attorney can review the circumstances of your arrest, examine the traffic stop and testing procedures, identify possible weaknesses in the prosecution’s case, and represent you in court. Philip Kim Law represents people charged with DUI in Duluth and throughout Gwinnett County.
Contact Our Duluth DUI Lawyer Today
If you have been charged with DUI in Duluth, the first steps are understanding where the case is pending, what evidence led to the arrest, and what deadlines may already be running.
Contact us today at 678-273-3500 to schedule a free consultation.