Henry County DUI Court Guide
Everything you need to know about appearing in court for your DUI case in Henry County, McDonough.
Last verified: January 6, 2026
Henry County State Court
About the Henry County Court System
Henry County State Court handles most misdemeanor DUI cases (first and second offenses) in McDonough. Henry 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
Warrant issued immediately
Anything you say can be used against you
Can be used as evidence
Additional criminal charges per O.C.G.A. 40-5-121
Bail revoked, returned to jail
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
- ALS hearing can be requested
- 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:
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 may include community service or Risk Reduction Program.
Common Outcomes (1st Offense DUI):
DUI Risk Reduction Program Available
Henry County requires the DUI Risk Reduction Program (also known as DUI School) for all DUI convictions. This 20-hour program is mandatory for license reinstatement in Georgia.
Typical Requirements:
Benefit: Completing the Risk Reduction Program is required to reinstate your license. Start early to avoid delays.
Related Henry County Guides
The Henry County Jail is the central processing hub for all arrests in the county, located at 120 Henry Parkway. For a DUI defendant, the facility represents a complex bureaucratic maze where the primary objective—speedy release—battles against rigid administrative protocols.
Detention and Release Dynamics (The Jail)
One of the most draconian policies at the Henry County Jail involves the retention of inmate property. Inmates have exactly 15 days from the date of booking to have a third party pick up their personal clothing (belts, shoes, jackets, etc.). If these items are not retrieved within the 15-day window, they are donated or discarded. The designee picking up the items must present valid photo ID between the hours of 8:00 AM and 3:00 PM, Monday through Friday. "Valuables" such as wallets, keys, phones, and jewelry are retained by the Property Section and returned to the inmate upon release.
During intake, inmates are issued a Personal Identification Number (PIN) for phone use. The jail explicitly states they are not liable for lost or stolen PINs. All calls are recorded and monitored. Calls require either a debit from the inmate's commissary account or a prepaid account set up by the family via ICSolutions.
Bonding Process
For standard misdemeanors (like a first DUI), bond is often set automatically via a "bond schedule". For cases involving other charges, the defendant may need to appear before a judge at the Jail Courtroom (120 Henry Parkway). Weekend hearings are conducted remotely via WebEx.
Bond types include:
- Cash Bond: Refunded at the end of the case (minus a $20 fee).
- Surety Bond (Professional Bondsman): Typically 12% to 15% fee, which is non-refundable.
- Property Bond: Equity in the property must be double the bond amount. Requires original Warranty Deed and current tax statement. All owners listed on the deed must be physically present.
For property owners in other Georgia counties, a Transfer Bond is an option, where the Sheriff of the other county assesses the property and seals the bond in an envelope, which must be delivered untampered to the Henry County Jail.
Vehicle Impound
The HCPD is the primary patrol agency for unincorporated Henry County. If arrested by the HCPD, a "Vehicle Release Form" is required before going to the tow yard. Before travelling to the impound lot, the registered owner must physically appear at the HCPD Records Unit at 108 South Zack Hinton Parkway, McDonough, GA. Required documentation includes a valid Driver's License (or a second licensed driver) , proof of ownership, and proof of insurance. If the vehicle is held for evidence, the Records Unit cannot issue a release without authorization from the investigating detective.
Henry County utilizes a "wrecker rotation list" of approved private towing companies. "Cash Only" is the policy at providers like New Image Towing.
Alternatives to Jail
Probation fees must be paid via money order or online at www.henrypay.com, with a 4% service fee added to all online or phone payments.
For high-risk defendants, the court may order Electronic Monitoring (EM). Sentinel Offender Services is a primary vendor, providing the OM500 GPS device. The court often mandates SCRAM anklets. The cost of electronic monitoring is borne entirely by the offender:
- Activation Fee: $25.00 (one-time)
- Daily Rate: $40.00 per day
- Weekly Cost: $280.00 per week
Fees must be paid one week in advance.
Henry County operates a Community Service Program at 533 Hampton Street, McDonough, GA. For every 1 hour of work performed, the offender is credited with 2 hours toward their sentence. Work options include litter crews and the Recycle Center on West Asbury Road. Work is available on weekdays and Saturdays.
To retrieve inmate clothing, family must present valid photo ID between the hours of 8:00 AM and 3:00 PM, Monday through Friday.
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