What to Expect at Your First Court Date for a Georgia DUI Charge
Sometime a few weeks or a few months after you were pulled over and cited for DUI in Georgia, you will have your first court date for your Georgia DUI citation. There are actually two first court dates that you may have, one with the Office of State Administrative Hearings regarding a license suspension appeal if you requested one within the 30 day period after your arrest, and the other is the court date for the criminal misdemeanor offense of Driving Under the Influence and any other charges that were issued when you were arrested.
DUI cases typically begin in municipal courts in most incorporated cities of Georgia. Metro Atlanta cities including Atlanta, Smyrna, Marietta, Sandy Springs, Dunwoody, Roswell, Alpharetta, Doraville, Chamblee, Brookhaven, Decatur, Avondale Estates, Johns Creek, Kennesaw, Douglasville, Duluth, and any other city that has a municipal court will be the courthouse where your case will begin. However, if you are in an unincorporated area of Cobb, DeKalb, Gwinnett, Douglas, or Clayton County and are stopped by county police, you will most likely have your first court date in that County’s state court. Your first court date is an arraignment court date. At arraignment, the Judge will make sure you understand the nature of the charges pending against you. In a DUI case, that generally is the DUI charge and any moving, equipment, or document violations that occurred at the same time as the arrest. You may have to enter a plea at arraignment. For DUI charges, it will be in your best interest to enter a plea of not guilty at arraignment unless you want to close your case that day and accept any and all consequences and punishment including license suspension, possibility of jail time, probation, community service, classes, and fines.
In some circumstances, the Judge or Clerk may tell you you need to be fingerprinted after your arraignment. Sometimes for medical or safety reasons, you may be released on a copy of your citation and not booked into a city or county jail. In that case, Georgia law requires fingerprints to be taken because of the nature of a DUI violation. Often those fingerprints can be taken right at the courthouse, but sometimes you may have to go to the jail or police department to have those fingerprints taken. The process may take a little time, but you will not be booked into the jail or have to post bond. Court will take some time. Most Judges go through the calendar alphabetically, but others will go in order of the date your case was opened. After going through the process of arraignment and entering a plea, the Judge will advise you of your next court date. You will most likely receive a printed copy of that court date, but in some cases you may be told one will be mailed to your address. It is important to always keep your current address updated with the court so you do not miss any notifications of court dates.
The first court date for your DUI arrest is more of a procedural court date. Do not expect the prosecutor to have all the evidence in your case ready at the first date. It usually takes some time to get any incident reports, dash or bodycam video (if available), and any scientific reports if you provided a blood, breath, or urine sample. Arraignment is just for you to understand the nature of the charges against you, give you time to consult with an attorney if you want, and possibly enter a preliminary plea on your case. Every courthouse handles the specifics of arraignment differently, but this should give you an idea of what to expect at your first court date.
If you have further questions and would like to speak with me, I do offer free consultations where I am happy to answer any questions you have. Call me anytime at 678-753-6431.
