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Roswell Municipal Court DUI Defense

Roswell DUI Lawyer

Charged with driving under the influence in the City of Roswell? Get clear answers about the court case, the separate driver’s-license process, and what should happen next.

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A Roswell DUI arrest can create two different problems at once: a criminal case and, in some cases, an administrative driver’s-license case. Those matters follow different rules and deadlines. If your citation lists Roswell Municipal Court, the criminal case will ordinarily begin there. If an officer also served you with a DDS Form 1205 or 1205S, the license issue may begin before your first court date.

That is why the first job of a City of Roswell DUI lawyer is not to rush you into a plea. It is to identify the deadlines, preserve the evidence, learn what the officer actually recorded, and build a plan for both tracks of the case.

Time-sensitive license issue

Do Not Wait for Court to Review a DDS 1205

If you received a DDS Form 1205 or 1205S, Georgia’s administrative-license process generally gives you 30 calendar days from the notice or service date to pursue an available hearing request or, if eligible, an ignition-interlock limited-permit option. The correct choice depends on the form, your license, your history, the alleged test or refusal, and your goals. The notice you received controls the exact deadline.

What a Georgia DDS Form 1205 Looks Like

The arresting officer may use a DDS Form 1205 or 1205S to begin the administrative-license process. The driver’s copy contains the notice of intended suspension, any temporary-permit information, and instructions for challenging the suspension. The form and service date in your own case control.

Privacy-redacted example of a Georgia DDS Form 1205 administrative license suspension notice

The Two Parts of a Roswell DUI Case

1

The Court Case

The prosecution must prove the charged DUI beyond a reasonable doubt. The defense may challenge the stop, arrest, statements, roadside exercises, chemical testing, video, and other evidence.

2

The License Case

An administrative license suspension can take effect while the criminal case is pending, so the 30-day response period still matters. But if the driver is later acquitted of DUI—or the DUI charge is initially disposed of other than by a conviction or plea of nolo contendere—O.C.G.A. § 40-5-67.1(g)(4) generally provides for DDS to terminate the suspension and delete it from the driver’s record after receiving notice of the disposition, subject to the statute’s ignition-interlock exceptions.

Local Court Information

Roswell Municipal Court

38 Hill Street, Suite 210
Roswell, GA 30075
Court Services: (770) 641-3790
Office hours listed by the court: Monday–Friday, 8:00 a.m.–5:00 p.m.

Visit the City of Roswell’s official Municipal Court portal.

Chief Judge
Brian A. Hansford

Municipal Prosecutor
Krista K. Young

Court personnel and assignments can change. An associate or temporary judge, or another prosecutor, may handle a particular hearing.

Regular arraignment sessions:
Tuesdays, Wednesdays, and Thursdays
Two sessions per day: 9:00 a.m. and 1:00 p.m.

Your citation and court notice control.
Confirm the date, time, courtroom, and appearance instructions directly with the court. Paying a citation online may amount to a conviction and may be reported to the Georgia Department of Driver Services.

Redacted left panel of a Georgia traffic citation directing a DUI charge to the City of Roswell court

Example Roswell Municipal Court citation. On the appearance line near the bottom, the ticket identifies the City of Roswell court and prints the court address and telephone number. The sample shows the information printed on that particular ticket; use your own citation and current court notice, and confirm any address or scheduling change with Court Services. Personal and case-specific information has been redacted.

What Happens in a Roswell Municipal Court DUI Case?

The first court date is addressed. In many cases, the first scheduled appearance is an arraignment, where a plea is entered and the case is placed on a litigation track. Do not assume you are excused unless the court or your lawyer confirms it.
The evidence is obtained and reviewed. That can include reports, body-camera and dash-camera video, dispatch records, photographs, witness statements, breath-test records, blood-test records, and documents relating to implied consent.
Legal and factual issues are investigated. The defense may negotiate, file motions, obtain independent expert review, or prepare the case for trial depending on what the evidence shows.
A trial forum is selected. Roswell Municipal Court can conduct a bench trial, in which the judge decides guilt or innocence. It does not conduct jury trials. A timely jury demand can move an eligible misdemeanor case to the State Court of Fulton County.

A transfer to State Court is not automatically better or worse. It changes the forum, schedule, and decision-maker. The right choice depends on the evidence, potential motions, available resolution, and trial strategy.

How a Roswell DUI Lawyer Evaluates the Evidence

A DUI charge is an accusation, not proof. A meaningful review goes beyond the alcohol number printed on a citation or the officer’s conclusion in a report. We look for the details that can change how the evidence is understood or whether it can be used at all

✓ The legal basis for the traffic stop or police encounter

✓ Whether the officer had probable cause to arrest

✓ Body-camera and dash-camera evidence, including what it does not show

✓ Road, lighting, weather, footwear, medical, and physical conditions

✓ How the field sobriety exercises were explained and administered

✓ Roadside breath-test use and the limits on that evidence

✓ Implied-consent warnings, timing, and the alleged response

✓ Breath-machine observation, operation, maintenance, and records

✓ Blood draw, warrant, sample handling, laboratory process, and chain of custody

✓ Alternative explanations for appearance, speech, balance, or driving

Roadside exercises are not pass-or-fail science experiments, and a chemical-test result is not immune from challenge. Learn more about roadside field sobriety testing and challenging breath or blood evidence.

DUI Charges We Defend in Roswell

Georgia law recognizes several ways to charge driving under the influence. A Roswell case may involve one or more of the following:

DUI alcohol “less safe”: the State alleges alcohol made the person less safe to drive, even without proving a particular alcohol concentration.
DUI alcohol “per se”: the State alleges an alcohol concentration of .08 grams or more within the statutory time period. Different thresholds can apply to drivers under 21 and commercial drivers.
DUI drugs: the State alleges impairment by marijuana, an illegal drug, or another substance.
Prescription-medication DUI: having a valid prescription does not end the inquiry; the prosecution still has to prove the elements of the charged offense. Read more about prescription-drug DUI in Georgia.
Refusal or no-test cases: a refusal allegation can affect the administrative license process and the evidence presented in court, but it does not automatically prove guilt.
DUI with related charges: cases may also include failure to maintain lane, speeding, reckless driving, open container, child endangerment, an accident, or another alleged offense.

Possible Penalties for a First Georgia DUI Conviction

Under O.C.G.A. § 40-6-391, a first conviction within the statute’s ten-year sentencing lookback can carry the following. The actual sentence and license consequences depend on the charge, alcohol concentration, prior history, age, license type, and other facts.

Fine	$300 to $1,000, plus applicable court costs and surcharges
Jail	10 days to 12 months. The judge may suspend, stay, or probate the term imposed; however, if the offender’s alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of that term.
Community service	Generally at least 40 hours, subject to the specific statutory provisions
Education and evaluation	DUI Alcohol or Drug Use Risk Reduction Program and, unless waived, a clinical evaluation with recommended treatment if required
Probation	A total sentence generally structured as 12 months less time actually incarcerated
Driving privileges	Separate DDS suspension, permit, and reinstatement rules may apply; the administrative case and conviction suspension are not the same thing

A reduction to reckless driving is not automatic, but it can be an appropriate negotiated result in some cases. The evidence and legal issues determine whether a reduction, dismissal, motion, or trial should be pursued. See when a Georgia DUI may be reduced to reckless driving.

Why Choose Brett Willis Law for a Roswell DUI?

Brett Willis has defended people accused of crimes since 2005. He teaches trial advocacy at Harvard Law School and the National Criminal Defense College, and the firm brings that same evidence-focused preparation to DUI defense.

A team with 40+ years of combined experience and more than 3,000 clients defended
Plain-English guidance about the court case and driver’s-license issues
Detailed review of reports, video, testing, timing, and officer procedure
A defense plan built for the facts and the client’s priorities—not a one-size-fits-all plea
Free, confidential initial consultations

Review the firm’s case results and client testimonials. Prior results do not guarantee a similar outcome.

Frequently Asked Questions About Roswell DUI Cases

Will my DUI case be in Roswell Municipal Court?

If your citation or bond paperwork lists Roswell Municipal Court, that is ordinarily where the case begins. Some cases may begin elsewhere or later move to the State Court of Fulton County. Always follow the court information on your current notice and confirm any change with the clerk or your lawyer.

Can I have a jury trial in Roswell Municipal Court?

Roswell Municipal Court does not conduct jury trials. It can conduct a bench trial. A defendant seeking a jury trial in an eligible misdemeanor case can make a jury demand so the case may be transferred to the State Court of Fulton County. Deadlines and strategy matter, so this decision should be made with counsel.

Do I have to appear at my first Roswell court date?

Assume that you must appear unless the court or your attorney confirms otherwise. Whether counsel can appear without you depends on the case, the court’s instructions, and the purpose of the hearing. Missing court can create additional problems, including a warrant or license consequences.

Can my license be suspended before the DUI case is over?

Yes. If the officer initiated an administrative license suspension using a DDS Form 1205 or 1205S, that process is separate from the criminal case and can move forward before the DUI charge is resolved. Review the notice immediately because the response period is generally 30 calendar days. If the driver is later acquitted of DUI or receives a qualifying non-DUI disposition, Georgia law generally provides for the administrative suspension to be terminated and deleted after DDS receives notice, subject to statutory exceptions.

What should I bring to a DUI consultation?

Bring or send every document you received: citations, bond papers, property receipts, booking paperwork, DDS forms, temporary permits, and court notices. Also write down what you remember while it is fresh, including the stop location, what the officer said, which roadside exercises were requested, and whether breath, blood, or urine testing was discussed.

Can a Roswell DUI be reduced or dismissed?

Possibly, but no lawyer can promise that result. A reduction, dismissal, suppression ruling, negotiated plea, or trial outcome depends on the evidence, legal issues, history, court, and prosecutor. The right first step is a careful case review rather than assuming the charge must remain a DUI.

What if I live outside Georgia?

A Georgia DUI can affect both your privilege to drive in Georgia and the license issued by your home state. The rules do not always match. An attorney should review the Georgia case, the DDS notice, and the potential reporting consequences before a plea or license decision is made.

Also serving: Hall County, Barrow County, Braselton, Forsyth County, Jackson County, Lumpkin County, White County, Dawson County, Banks County, Roswell, Helen and Gwinnett County.

Talk With a Roswell DUI Lawyer

You do not have to decide what to do based only on a citation and a court date. Tell us what happened, and we will help you identify the immediate deadlines and the next step.

Call (770) 600-1241

Free Case Review

Georgia law and public court information checked August 26, 2026. This page is attorney advertising and provides general information, not legal advice. Every case is different.

Brett Willis

Founder / Attorney

Chris van Rossem

Partner / Attorney

Walker Rick

Attorney

5 Star Rating

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

5 Star Rating

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!

Donna R.

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