DeKalb County DUI Court Guide

Everything you need to know about appearing in court for your DUI case in DeKalb County, Decatur.

Last verified: January 6, 2026

DeKalb County State Court

Address
556 N McDonough St, Decatur, GA 30030
Get Directions
Clerk Office Hours
Monday - Friday, 8:00 AM - 5:00 PM
Parking
Street parking and nearby paid lots available in downtown Decatur. Arrive early - parking fills up quickly on busy court days.

About the DeKalb County Court System

DeKalb County State Court handles most misdemeanor DUI cases (first and second offenses) in Decatur. DeKalb County Superior Court handles felony DUI charges (fourth offense within 10 years, child endangerment, or cases involving serious injury/death). Per O.C.G.A. 40-6-391, fourth offense DUI within 10 years is a felony in Georgia.

Critical: Do NOT Do These Things

Miss your court date

Warrant issued immediately

Talk to prosecutors without your attorney

Anything you say can be used against you

Post about your case on social media

Can be used as evidence

Drive with a suspended license

Additional criminal charges per O.C.G.A. 40-5-121

Violate bail conditions

Bail revoked, returned to jail

Discuss case with anyone except attorney

Others can be subpoenaed to testify

Security Screening & Prohibited Items

What to Expect

  • Metal detector screening (remove belt, watch)
  • Bag/purse X-ray scanning
  • Allow 15-20 minutes for security
  • Typical wait: 1-3 hours once inside

Do NOT Bring

  • Weapons (including pocket knives)
  • Pepper spray or mace
  • Large bags or backpacks
  • Food or drinks (water OK)

Court Day Checklist

Required Documents

Day-Of Reminders

Tip: Screenshot or print this checklist. Check items off as you prepare the night before.

How DUI Cases Move Through Court

1. Arraignment

First appearance, typically within 48-72 hours after arrest in Georgia.

What Happens:

  • Judge reads charges under O.C.G.A. 40-6-391
  • Enter plea (usually Not Guilty)
  • Bail is set or reviewed
  • DDS administrative hearing explained
  • Next court date scheduled

What to Know:

  • Most plead Not Guilty initially
  • Attorney will advise on plea
  • Write down next court date
  • Request public defender if needed

2. Pre-Trial Hearings

Multiple court dates over 2-6 months. Your attorney handles most of this.

What Your Attorney Does:

Reviews police reportsChallenges evidenceFiles motions to suppressNegotiates plea bargainsQuestions breathalyzer calibrationExplores diversion programs

3. Plea Bargain or Trial

Over 90% of cases resolve through plea bargaining, not trial.

Plea Bargain (Common)

  • Reduced to reckless driving
  • Lower penalties
  • Faster resolution
  • Known outcome

Trial (Rare ~5%)

  • Jury decides guilt
  • Higher risk/reward
  • Takes 6-12+ months
  • More expensive

4. Sentencing

Judge imposes penalties per O.C.G.A. 40-6-391. First offense often includes Risk Reduction Program.

Common Outcomes (1st Offense DUI):

24 hours to 12 months jail (most suspended)Fines $300-$1,000 + surchargesLicense suspension (up to 1 year)DUI Risk Reduction Program (20 hrs)Probation (up to 12 months)Community service (40+ hours)

DUI Court Program Available

DeKalb County offers a DUI Court program as an alternative to traditional sentencing for eligible DUI offenders. This intensive supervision program focuses on rehabilitation and can lead to reduced charges or penalties.

Typical Requirements:

Substance abuse evaluationRegular court appearancesRandom drug/alcohol testingTreatment program completion

Benefit: Successful completion may result in reduced charges or dismissal. Ask your attorney if you qualify for DUI Court.

Related DeKalb County Guides

The DeKalb County Juridical Infrastructure presents overlapping jurisdictions, distinct administrative bodies, and bifurcated legal tracks separating criminal adjudication from civil licensure sanctions. For a DUI defendant, arrest triggers two independent legal timelines: criminal prosecution managed by the State Court of DeKalb County, and the administrative license suspension (ALS) managed by the Georgia Department of Driver Services (DDS).

Phase 1: Vehicle Impoundment in DeKalb County

If you are arrested for DUI in DeKalb County, retrieving your vehicle involves an administrative authorization phase and a physical retrieval phase. You can't simply go to the tow lot to pay and drive away. DeKalb County requires a "Vehicle Release Form" obtainable from a centralized police facility before claiming your vehicle from a private contractor.

DeKalb County Police Property & Evidence

The DeKalb County Police Department (DKPD) Property and Evidence Section acts as the administrative gatekeeper. It is located at 3630 Camp Circle, Decatur, GA 30032. For most arrests, the vehicle is not stored here. You visit this office to prove ownership and obtain the release paperwork required by the private towing companies.

Important Considerations:

  • Wednesday Closure: The facility is closed to the public on Wednesdays, weekends, and government holidays. This can add approximately 48 hours of storage costs to the defendant’s financial burden.
  • Lunch Closure: The facility enforces a lunch closure daily from 1:00 p.m. to 2:00 p.m.
  • Documentation: You'll need a current, valid state-issued Driver's License, ID Card, US Military ID, or Passport.
  • Owner Presence: The registered owner must be present to obtain the release. If someone else attempts to retrieve the vehicle, they need an "Authorization of Release Letter" from the arresting officer or detective.
  • Firearms: If a firearm was seized, the process is more rigorous, requiring a background check and specific officer permission.

Private Towing Network

DeKalb County uses a precinct-based rotation system, so the arrest location determines which private company holds your vehicle.

  • North-Central Precinct: Arrests in North-Central regions (Chamblee, Doraville areas outside municipal limits) are routed to Brown & Brown Wrecker Service, 3854 North Peachtree Road, Chamblee, GA 30341, (770) 457-3879.
  • Tucker Precinct: Arrests in Tucker, and all large vehicle tows (over six wheels) county-wide, go to S&W Towing, 2158 Tucker Industrial Road, Tucker, GA 30084, (770) 493-9083.
  • East Precinct: The East Precinct contracts with Statewide Wrecker Service, 6995 Covington Hwy, Lithonia, GA 30058, (770) 322-9688.
  • South Precinct: The southern districts utilize South DeKalb Transport & Storage, 7043 Rogers Lake Road, Lithonia, GA 30058, (404) 508-0246.

Phase 2: DeKalb County Jail

Following an arrest, you'll be taken to the DeKalb County Jail at 4425 Memorial Drive, Decatur, GA 30032. The phone number is (404) 298-8145 (General Info) / (404) 298-8195 (Bonding).

Important Considerations:

  • Shift Change Blackout: Shift changes occur around 6:00 a.m. to 7:00 a.m. and 6:00 p.m. to 7:00 p.m. During these times, inmate movement and release paperwork processing often stop.
  • Bond Amounts: DUI 1st Offense bond typically falls in the range of $1,000 to $1,500. Additional charges such as "Reckless Driving" or "Failure to Maintain Lane," carry their own bond amounts (e.g., ~$500 - $1,000), which are added cumulatively.

Phase 4: DDS and the 30-Day Rule

Upon arrest for DUI (refusal or BAC > 0.08), the officer seizes the physical license and issues a yellow DDS 1205 form which serves as a temporary driving permit for 45 days. You have 30 calendar days from the date of arrest to file a response with the DDS, or your license will be automatically suspended on the 46th day.

Within the 30-day window, you must choose one of two paths:

  1. Request an ALS Hearing: Send a request letter and a $150 filing fee to the DDS (P.O. Box 80447, Conyers, GA 30013).
  2. Ignition Interlock Limited Driving Permit (IILDP): Waive the right to a hearing, install an Ignition Interlock Device (IID) immediately, and apply for a permit within the 30 days.

For reinstatement services (e.g., paying fees, presenting DUI school certificates), the primary DDS location for DeKalb residents is 2801 Candler Road, Suite 82, Decatur, GA 30034.

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