DUI Defense
Direct representation for people facing DUI charges and driver’s-license consequences in Georgia.
A DUI arrest can create two separate problems: a criminal case in court and an administrative driver’s-license proceeding.
The first court date may be weeks or months away, but a license-related deadline can arise much sooner. The paperwork issued at the time of arrest should be reviewed promptly.
The Law Office of Enoch P. Hicks, LLC represents people charged with DUI and examines the stop, arrest, officer observations, video, field sobriety evidence, chemical testing, alleged refusal, and other circumstances surrounding the charge.
The Driver’s-License Issue May Begin Before Court
A DUI arrest may lead to an administrative license suspension when a state-administered test produces a qualifying result or the officer reports that the driver refused testing.
That process is separate from the criminal case. The arrest paperwork may include a notice of intent to suspend and a temporary driving permit. A limited period is available to request review or pursue another available option.
Missing the applicable deadline can restrict the available choices before the criminal charge is resolved.
The license analysis may include:
- Whether an administrative suspension was initiated
- The date and method of notice
- Whether the officer issued the required paperwork
- The alleged test result or refusal
- Whether a hearing request is appropriate
- Whether an ignition-interlock permit option is available
- Commercial-driver or out-of-state licensing concerns
- The relationship between the administrative case and the court case
Do not wait for the first court date to determine whether a separate driver’s-license deadline applies.
A DUI Charge Should Be Tested Against the Evidence
An arrest is not the same as proof.
The investigation begins with what the officer observed, what the recordings show, how any tests were requested and administered, and whether the evidence supports each part of the charge.
The Traffic Stop
The review may address:
- The stated reason for the stop
- Whether the officer observed a traffic violation
- The duration and scope of the detention
- Statements made before and after the stop
- Whether the encounter was recorded
Officer Observations
Police reports often refer to odor, eyes, speech, balance, driving behavior, admissions, or demeanor.
Those observations must be considered in context and compared with the video, witness information, medical conditions, environmental conditions, and the officer’s other documentation.
Field Sobriety Evidence
The review may include:
- The instructions provided
- How the exercises were demonstrated
- Road, lighting, weather, and footwear conditions
- Physical or medical limitations
- Whether the officer administered and interpreted the exercises consistently
- Whether the report matches the available recording
Video and Audio
Body-camera, dash-camera, patrol-car, booking, and other recordings may show details that are missing from—or inconsistent with—the written report.
Video can be important when evaluating driving, speech, coordination, instructions, officer conduct, alleged admissions, and the overall timeline.
Chemical Testing
When breath, blood, or urine testing is involved, the review may address:
- The type of test requested
- The timing of the request and collection
- Implied-consent warnings
- Testing procedures
- Instrument or laboratory records
- Sample handling
- Medical or contamination issues
- The right to an independent test
- Whether the result is legally admissible
Alleged Refusal
A refusal allegation should be examined rather than accepted as a label.
The circumstances may include what the officer requested, which warning was read, whether the request was clear, the driver’s response, language or medical issues, and what the video or audio records.
The Defense Depends on the Type of Case
Some cases focus on whether the person was a less-safe driver. Others depend heavily on a reported alcohol concentration, an alleged refusal, drug evidence, or the circumstances of a collision.
The firm handles DUI matters involving:
- Alcohol-related allegations
- Breath-test cases
- Blood-test cases
- Urine-test cases
- Alleged refusals
- DUI-drug allegations
- Prescription-medication issues
- Combined-substance allegations
- Under-21 drivers
- Commercial drivers
- Accidents and property damage
- Multiple-offense allegations
- Related traffic charges
The relevant defenses, license consequences, and case strategy depend on the evidence and the person’s driving and criminal history.
Understand the Evidence, the Options, and the Next Step
The first objective is to identify immediate deadlines and obtain the information needed to evaluate the charge.
The work may include:
- Reviewing citations, bond documents, and license paperwork
- Addressing an administrative license issue
- Requesting police reports, recordings, test records, and other evidence
- Comparing the written reports with video and audio
- Investigating the basis for the stop, detention, and arrest
- Evaluating field sobriety and chemical-testing evidence
- Identifying legal and evidentiary issues
- Discussing mitigation and steps the client can begin
- Communicating with the prosecutor
- Evaluating negotiated resolutions
- Preparing and litigating motions
- Preparing for trial when the case cannot be resolved appropriately
The client should understand the strengths and weaknesses of the case, the available choices, and what each significant step is intended to accomplish.
Clients work directly with Enoch P. Hicks.
What Happens After the Arrest Matters
A legal defense and mitigation serve different purposes, and one should not replace the other.
The evidence must still be examined for legal, factual, and procedural problems. At the same time, appropriate steps after an arrest may help address the concerns a prosecutor or court is likely to consider.
Depending on the circumstances, those steps may involve:
- A DUI Alcohol or Drug Use Risk Reduction Program
- A substance-use evaluation
- Recommended treatment
- Community service
- Compliance with bond conditions
- Preservation of employment, medical, or other relevant records
- Avoiding new legal or licensing problems
The appropriate course depends on the allegations, prior history, personal circumstances, and the jurisdiction handling the case.
Do not begin a program solely because a generic website checklist says to do so. The steps should fit the case and should be discussed with counsel.
Experience as a Prosecutor and in the Court System
Before entering private practice, Enoch P. Hicks served as an Assistant Solicitor General in Douglas County. He prosecuted criminal cases and served as lead counsel in multiple jury trials.
That experience informs how he evaluates police reports, video, witness testimony, field sobriety evidence, chemical testing, criminal history, and mitigation.
Enoch also began his legal career as a staff attorney in Cobb County Superior Court, where he conducted legal research and prepared bench memoranda, proposed orders, jury charges, and other materials in civil and criminal matters.
He uses that background to assess how prosecutors and courts are likely to approach the evidence while developing a defense based on the individual facts of the case.
What to Have Available
Bring or have available:
- Citations and arrest paperwork
- The temporary permit or license-suspension notice
- Bond documents
- The date, time, and location of the arrest
- The scheduled court date
- Information about any breath, blood, or urine test
- Information about an alleged refusal
- A list of medications and relevant medical conditions
- The names of possible witnesses
- Any photographs, receipts, messages, or other records that may help establish the timeline
- Information about prior DUI or serious traffic matters
- Commercial-driver or out-of-state license information, if applicable
Do not send sensitive documents through the public website contact form. Document-delivery instructions can be provided after the initial contact.
Review the Arrest and the Immediate Deadlines
Use the Scheduling page to choose the appointment that fits a discussion of the arrest paperwork, driver’s-license concerns, available evidence, and next step.