Cobb County DUI Guide

DUI Arrest in Cobb County, GA: Complete Guide

Being arrested for DUI in Cobb County can be a disorienting experience. As the third most populous county in Georgia, Cobb County's judicial system processes a high volume of DUI cases. This guide provides immediate, practical steps you should take, critical deadlines to be aware of, and specific information about navigating the Cobb County legal system after a DUI arrest. We'll cover everything from getting out of jail to understanding the unique aspects of DUI enforcement and adjudication in Cobb County.

Immediate Steps (First 24 Hours)

The first 24 hours after a DUI arrest are crucial. Here’s what to expect:

• Arrest: You will be taken into custody by the arresting officer.
• Transportation to Jail: You'll be transported to the Cobb County jail.
• Booking: The booking process involves fingerprinting, photographing, and recording your personal information.
• Phone Calls: You will be allowed to make phone calls, typically after the booking process is complete. Use this opportunity to contact a loved one and a qualified DUI attorney.
• Bail: Bail is set to ensure your appearance in court. The amount can vary based on the severity of the charges and your prior record.
• Release: Once bail is posted (either by you, a loved one, or a bondsman), you will be released from custody.

Keep in mind that the Magistrate and Probate Complex (Building D1), located at 32 Waddell Street in Marietta, handles warrants and first appearances. This building acts as the "gateway" to the Cobb County judicial system.

Critical Deadlines

Missing deadlines can have severe consequences in your DUI case. Be aware of these critical timelines:

• ALR Hearing Deadline: You have only 15 days from the date of your arrest to request an Administrative License Suspension (ALS) hearing with the Georgia Department of Driver Services (DDS). Failing to request this hearing will result in the automatic suspension of your driver's license.
• Court Appearance Date: This date is listed on your citation or release paperwork. Missing this court date can result in a warrant for your arrest.
• License Suspension Timeline: If you do not request an ALR hearing or if you lose the hearing, your license suspension will begin 30 days after your arrest.

DUI Enforcement in Cobb County

Cobb County takes DUI enforcement seriously. While specific checkpoint locations fluctuate, be aware that the Cobb County Police Department, along with other local law enforcement agencies, actively conduct DUI patrols. It is also important to note that Cobb County participates in "No Refusal" weekends, where warrants are readily obtained to compel blood draws if a suspect refuses a breathalyzer test.

Local Resources

• Cobb County State Court: 12 East Park Square, Marietta, GA 30090
• Cobb County Superior Court: 70 Haynes Street, Marietta, GA 30090
• Cobb County Magistrate Court: 32 Waddell Street, Marietta, GA 30090
• Cobb County Jail: (Contact information available on the Cobb County Sheriff's Office website)
• Bail Bondsmen: (Search online for licensed bail bondsmen operating in Cobb County)
• DUI Attorneys: (Search online for experienced DUI attorneys in the Cobb County area)

What Makes Cobb County Different

Cobb County has several unique aspects related to DUI cases:

• DUI Court Program: Cobb County has a dedicated DUI Court program, presided over by Judge Eric Brewton, for recidivist offenders. This program offers a rigorous post-conviction therapeutic intervention focused on treating the underlying addiction issues. Eligibility, phased treatment protocols, and strict compliance measures are enforced.
• Accountability Courts: Cobb County is a leader in "Accountability Courts," which aim to address the root causes of criminal behavior, particularly substance abuse. These courts, including the DUI Court, Drug Court, and Veterans Court, emphasize treatment and supervision.
• SCRAM Monitoring: Cobb County courts frequently utilize Secure Continuous Remote Alcohol Monitoring (SCRAM) devices, especially in Accountability Courts and during pretrial release. Approved SCRAM providers include A 2nd Chance Monitoring and GPS Monitoring & Tracking Services (operationally integrated with ASAP Bonding).
• Judicial Structure: The Cobb County court system is bifurcated, with the State Court handling most misdemeanor DUI cases and the Superior Court handling felony DUIs (e.g., fourth offense within ten years or cases involving serious injury or death). The State Court is historically divided into two operating units (Division 1 and Division 2).
• Judicial Leadership: Key figures in the Cobb County judicial system include Chief Judge Ann B. Harris, Judge Robert D. Leonard II (Veterans Court), Judge Kimberly A. Childs (Drug Court), and Judge Jason D. Marbutt (Drug Court). Judge Henry Thompson was appointed to a newly created seat in January 2022, reflecting the county's growing caseload.
• Transportation Challenges with SCRAM: If court-ordered to use SCRAM, defendants may face logistical challenges getting to the provider without a valid license. SCRAM providers must be "approved" by the court.

To request an Administrative License Suspension (ALS) hearing, you must contact the Georgia Department of Driver Services (DDS) within 15 days of your arrest. You can find the necessary forms and contact information on the DDS website: https://dds.georgia.gov/.