Clayton County DUI Court Guide

The Harold R. Banke Justice Center is the operational heart of Clayton County's legal system.

DWI Court Procedures in Clayton County, Georgia

If you've been arrested for Driving Under the Influence (DUI) in Clayton County, Georgia, understanding the court procedures is crucial. The process can be complex, involving multiple agencies and strict deadlines. This guide provides local information specific to Clayton County to help you navigate the system.

The Harold R. Banke Justice Center

The majority of court proceedings related to your DUI will take place at the Harold R. Banke Justice Center located at 9151 Tara Boulevard, Jonesboro, GA.

Security and Prohibited Items

Be aware that the Justice Center has strict security measures, similar to airport security. Expect to go through a screening process. Weapons and aerosols are prohibited. Electronics, especially recording devices, may be restricted for non-attorneys. If you are told you can't bring your cell phone inside, and you arrived via rideshare, be aware you may have to choose between missing court and getting the device stored. It's recommended to leave your phone in the car if driving, or prepare for potential denial of entry with the device if ridesharing.

Navigating the Courthouse

The Banke Center can be confusing to navigate. Clerk’s Offices (Civil/Criminal/Real Estate) are on the 1st Floor. State Court of Clayton County, where DUI and misdemeanor traffic cases are primarily heard, is on the 3rd Floor. Judges such as Judge Margaret Spencer (Courtroom 303) and Judge Michael T. Garrett (Courtroom 302) preside there. Courtroom assignments can change, and dockets are not always digitally displayed. You may need to ask the Clerk of Court’s office on the 1st floor for directions, which can add to delays. Arrive early to account for security lines and potential confusion.

Pre-Trial Liberty: Bail and Bonding

After an arrest, you will be processed at the Clayton County Jail within the Harold R. Banke Justice Center (9157 Tara Boulevard, Jonesboro, GA 30236). The booking phone number is (770) 477-4479. Unlike some counties with pre-set bond schedules for misdemeanors, Clayton County often requires a First Appearance Hearing before a magistrate to set bond for DUI offenses.

This hearing must occur within 48 hours for warrantless arrests or 72 hours for warranted arrests. The bond for a first offense DUI typically ranges from $1,500 to $2,500. Aggravating factors like a high BAC (.15+), refusal to test, or accident involvement can increase the bond amount and lead to additional conditions.

Clayton County DUI Accountability Court

For repeat offenders (2nd DUI in 5 years or 3rd in a lifetime) who are Clayton County residents, the county has a specialized DUI Accountability Court, presided over by Judge Margaret Spencer. This is a post-conviction sentencing enhancement, not a diversion program. Participation does not result in dismissed charges or expunged records. The goal is to avoid incarceration.

The program requires a minimum 12-month duration, intensive outpatient treatment, random drug/alcohol screening, bi-weekly appearances before Judge Spencer, and mandatory employment or education. Sanctions for non-compliance can include short jail stints.

Administrative License Suspension (ALS) and DDS

Remember the "30-Day Rule" regarding Administrative License Suspension (ALS) hearings. The Harold R. Banke Justice Center has no jurisdiction to process ALS hearing requests; the administrative battle is processed through Conyers at the DDS Headquarters. It is crucial to request an ALS hearing within 30 days of your arrest to challenge the suspension of your license. Failure to do so results in an automatic suspension, regardless of the outcome of your criminal case. The "Two-Track" system means a defendant can "win" in State Court (e.g., acquittal) but still lose their license if they ignored the DDS track in the first 30 days.

Vehicle Impound Procedures

If your vehicle was impounded, you must navigate a "Two-Stop" system to retrieve it. You will need a Vehicle Release Form from the Clayton County Police Department Records Unit before going to the tow company.

Obtaining a Vehicle Release Form

Go to the Clayton County Police Department Records Unit at 7911 N. McDonough Street, Jonesboro, GA 30236.

The Records Unit is open Monday – Wednesday: 8:00 AM to 4:45 PM and Thursday – Friday: 8:00 AM to 4:00 PM. It is CLOSED on Weekends and Holidays. If arrested Friday evening, you cannot obtain a release form until Monday morning.

You'll need:

• Valid Government Photo ID
• Proof of Ownership (current tag registration or vehicle title)

If the registered owner is unavailable, a notarized letter of consent (Power of Attorney) is required, explicitly naming the authorized recipient and detailing the vehicle's year, make, model, and VIN.

Towing Vendors

Primary vendors include New Image Towing (4780 Old Dixie Hwy, Forest Park, GA 30297) and Tara Wrecker (9140 Turner Road, Jonesboro, GA 30236). New Image Towing release hours are Monday-Friday 8 AM - 8 PM; Saturday-Sunday 9 AM - 1 PM. However, the Police Records Unit is not open on the weekends, meaning that you would need to get the release form by Friday afternoon.

Many tow lots, including New Image Towing, enforce a CASH ONLY policy for impound releases.