Cherokee County DUI Court Guide
Everything you need to know about appearing in court for your DUI case in Cherokee County, Canton.
Last verified: January 6, 2026
Cherokee County State Court
About the Cherokee County Court System
Cherokee County State Court handles most misdemeanor DUI cases (first and second offenses) in Canton. Cherokee 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 appeal timeline discussed
- 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 often includes Risk Reduction Program.
Common Outcomes (1st Offense DUI):
Risk Reduction Program (DUI School)
Cherokee County requires completion of a Risk Reduction Program (commonly called DUI school) for all DUI convictions. This 20-hour program is required under Georgia law for license reinstatement.
Typical Requirements:
Benefit: Completing the Risk Reduction Program is required to get your license reinstated. Ask your attorney about approved programs in Cherokee County.
Related Cherokee County Guides
The Cherokee County Adult Detention Center (ADC) is located at 498 Chattin Drive, Canton, GA. It serves as the central intake facility for the Sheriff's Office, Canton Police, and other local agencies.
Impound & Towing After a DUI Arrest
After a DUI arrest in Cherokee County, your vehicle will likely be impounded by either Ingram Towing if arrested by Canton Police, or Mauldin Towing if arrested by the Cherokee County Sheriff’s Office.
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Canton Police Department (CPD) Arrests: Ingram Towing & Impound Services Inc. is the primary custodian. The lot is located at 2025 Bascomb Carmel Road, Woodstock, GA 30189. Ingram Towing's administrative release office operates Monday through Friday, 9:00 AM to 5:00 PM. This creates a "Weekend Trap," potentially incurring three days of storage fees if arrested on a Friday night.
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Cherokee County Sheriff’s Office (CCSO) Arrests: Mauldin Towing is often used. The primary facility is identified as the "South Location" at 105 Neese Farm Dr, Woodstock, GA 30188. The CCSO uses a rotation list for towing services, so verify the specific tow log via the Sheriff's Office.
Retrieving your vehicle requires strict documentation to prove ownership. If the vehicle has expired registration, no valid insurance, or significant safety defects, it receives a "Tow Only" designation and cannot be driven off the lot. You'll need to pay the impound fees and hire a secondary tow truck.
If you are incarcerated, you must sign a Notarized Authorization Letter to allow someone else to pick up your vehicle. This requires navigating jail visitation rules, finding a notary (available within the jail administration or brought in), and delivering the notarized letter to the tow lot.
Personal checks are typically not accepted. Expect to pay with cash or a certified check.
Bail Bonds & Jail Release
The Cherokee County ADC operates on a shift schedule that can impact inmate movement. "Shift change briefings" occur prior to the beginning of shifts, and administrative staff typically work 8:00 AM to 5:00 PM. During shift changes (commonly around 6:00 AM and 6:00 PM), the movement of inmates is often frozen.
If a bond amount is not pre-set, you must appear before a judge within 48 hours.
Three primary methods for securing release are permitted:
- Cash Bond: Paid in full. The Sheriff's Office does not make change. Online payments ("Cash Bond Online" / Allpay) include fees: a $10 automation fee plus a 5% administrative fee.
- Property Bond: Requires a warranty deed, a paid tax statement, and a current mortgage statement. A lien is placed against the property. If the property is in another county, the "Approved Property Bond" must be processed by that county's Sheriff first (paying a $20 fee there), sealed in an envelope, and physically transported to the Cherokee ADC.
- Professional Bondsman: Pay a non-refundable fee (typically 12-15%) to a licensed bonding company.
DDS License Logistics
After a DUI arrest, the arresting officer may seize your physical license and issue a DDS-1205 Form, which acts as a temporary permit for 45 days. After 30 days, a hard suspension goes into effect unless you appeal.
To appeal, request an Administrative License Suspension (ALS) Hearing. The appeal must be mailed to the Georgia Department of Driver Services, P.O. Box 80447, Conyers, GA 30013. The filing fee is $150.
The local DDS office is located at 220 Brown Industrial Parkway, Suite 200, Canton, GA 30114. It is closed on Mondays. Hours: Tuesday - Friday: 8:00 AM - 6:00 PM; Saturday: 8:00 AM - 12:00 PM.
Ignition Interlock
Smart Start is located at 3753 Marietta Hwy, Suite 150, Canton, GA 30114. Intoxalock utilizes a network of third-party automotive shops; in Canton, installation is available at Canton Auto Center LLC, 233 Univeter Ct.
Alcohol Monitoring
ProntoTrak is located at 154 North Street, Canton, GA 30114. Professional Probation Services (PPS) is located at 400 E. Main Street, Canton, GA 30114. ProntoTrak charges a 3.5% fee for credit card payments and a $3.50 fee for transactions under $100.
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