Cobb County DUI Court Guide
Everything you need to know about appearing in court for your DUI case in Cobb County, Marietta.
Last verified: April 1, 2026
State Court of Cobb County
About the Cobb County Court System
Cobb County State Court handles most misdemeanor DUI cases (first and second offenses) in Marietta. Cobb County Superior Court handles felony DUI charges (fourth offense within 10 years, serious injury by vehicle, or vehicular homicide). Per O.C.G.A. 40-6-391, a fourth DUI offense within 10 years is a felony.
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
- 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):
Cobb County DUI Court Program
Cobb County offers a DUI Court (Accountability Court) program as an alternative for qualifying DUI offenders. This intensive supervision program can result in reduced charges or dismissal upon successful completion.
Typical Requirements:
Benefit: Successful completion can lead to reduced charges and avoiding mandatory minimum sentences. Ask your attorney if you qualify.
Related Cobb County Guides
Your DUI Case in Cobb County Court
If you've been arrested for Driving Under the Influence (DUI) in Cobb County, Georgia, understanding the court process is crucial. This guide provides a comprehensive overview of what to expect, from your initial arraignment to potential trial and sentencing, equipping you with the knowledge to navigate this challenging time.
Which Court Handles DUI Cases?
In Cobb County, most DUI cases are handled by the State Court of Cobb County. This court has jurisdiction over misdemeanor criminal offenses, including the majority of DUI charges. The State Court is located at 12 East Park Square, Marietta, GA 30090, and operates Monday through Friday, from 8:00 AM to 5:00 PM.
Cobb County's court system is split into two divisions, Division 1 and Division 2, but all twelve courtrooms are equipped for jury trials.
Felony DUI cases, which occur when it's a fourth DUI within a ten-year period or involve serious injury or death (Serious Injury by Vehicle or Vehicular Homicide), are handled by the Superior Court of Cobb County, located at 70 Haynes Street, Marietta, GA 30090. The Superior Court Clerk's Office is the starting point for most public records requests.
To find your court date, you can use the State Court Record Search.
The Court Process Timeline
The DUI court process in Cobb County generally follows this timeline:
1. Arraignment (First Appearance)
The arraignment is your first court appearance. It typically happens within a few weeks of your arrest. At the arraignment, you will be formally advised of the charges against you and your rights. You will be asked to enter a plea of guilty, not guilty, or nolo contendere (no contest).
If you cannot afford an attorney, you can request a court-appointed attorney at the arraignment. It is advisable to complete the Waiver of Arraignment form.
2. Pre-Trial Hearings
Following the arraignment, there will be a series of pre-trial hearings. During this phase, your attorney will engage in the discovery process, which involves gathering evidence from the prosecution, including police reports, breathalyzer or blood test results, and witness statements.
Plea negotiations often occur during pre-trial hearings. Your attorney may attempt to negotiate a plea deal with the prosecutor, which could involve pleading guilty to a lesser charge or a reduced sentence. Typical plea deals in Cobb County can vary depending on the specific facts of the case, your prior record, and the prosecutor's willingness to negotiate.
3. Trial (If No Plea Deal)
If a plea deal cannot be reached, your case will proceed to trial. You have the right to a jury trial, but you can also choose to have a bench trial, where the judge decides the case.
At trial, the prosecution must prove beyond a reasonable doubt that you were driving under the influence of alcohol or drugs, in violation of O.C.G.A. § 40-6-391. Common defenses in DUI cases include challenging the accuracy of the breathalyzer or blood test, arguing that the police lacked probable cause to stop you, or presenting evidence that you were not impaired.
The length of a DUI trial can vary depending on the complexity of the case, but it typically lasts several days.
Penalties for DUI in Cobb County, GA
The penalties for DUI in Cobb County are determined by Georgia law and can vary depending on the number of prior offenses.
First Offense
- Jail Time: GA law states that jail time can range from 24 hours to 12 months.
- Fines: Fines can range from $300 to $1,000, plus surcharges.
- License Suspension: Your driver's license may be suspended for up to one year.
- Other Requirements: You may also be required to complete a DUI Alcohol or Drug Use Risk Reduction Program (DUI school), perform community service, and install an Ignition Interlock Device (IID) on your vehicle.
Second Offense
Penalties for a second DUI offense are significantly harsher:
- Jail Time: Jail time can range from 72 hours to 12 months.
- Fines: Fines can range from $600 to $1,000, plus surcharges.
- License Suspension: Your driver's license will be suspended for a minimum of three years. You may be eligible for a limited driving permit after a certain period.
- Other Requirements: Mandatory completion of a DUI Alcohol or Drug Use Risk Reduction Program, community service, and mandatory installation of an IID for a specified period.
Third Offense
A third DUI offense within ten years is a felony in Georgia:
- Prison Time: You face a mandatory minimum of 120 days in jail and up to five years in prison.
- Fines: Fines can range up to $5,000, plus surcharges.
- License Revocation: Your driver's license may be permanently revoked.
- Other Requirements: Mandatory completion of a DUI Alcohol or Drug Use Risk Reduction Program and other court-ordered treatment.
Court Programs in Cobb County
Cobb County offers several court programs designed to address the underlying issues contributing to DUI offenses.
- DUI Court: The Cobb County DUI Court, presided over by Judge Eric Brewton, is a post-conviction therapeutic intervention program for recidivist offenders. It involves a rigorous, phased treatment protocol with frequent court appearances, individual and group therapy, and randomized drug and alcohol screening. The program is structured into five phases, with decreasing supervision as the participant progresses. Phase 1 involves court appearances every other Tuesday at 3:30 PM, weekly individual counseling, and frequent drug and alcohol testing.
- Drug Court: Similar to DUI Court, the Drug Court focuses on individuals with substance abuse issues. Judge Kimberly A. Childs and Judge Jason D. Marbutt preside over Drug Court.
- Veterans Accountability and Treatment Court: This court, overseen by Judge Robert D. Leonard II, caters to veterans with substance abuse or mental health issues.
What to Bring to Court
When attending court in Cobb County, it's essential to bring the following:
- Photo ID: A valid driver's license or other government-issued photo ID.
- Court Summons: The official notice you received with the date, time, and location of your hearing.
- Any Documentation: Any documents relevant to your case, such as insurance information, vehicle registration, or evidence related to the charges.
- Professional Dress Code: Dress in a respectful and professional manner. Business casual attire is generally appropriate. Avoid wearing shorts, tank tops, or clothing with offensive graphics. According to the U.S. Bankruptcy Court dress code, appropriate attire shows respect for the court.
Local Court Procedures
Cobb County has specific procedures to be aware of when appearing in court.
- Court Location: DUI cases are primarily heard at the State Court Building, located at 12 East Park Square, Marietta, GA 30090. Be sure to confirm the exact courtroom location on your court summons.
- Courtroom Etiquette: Maintain respectful behavior in the courtroom. Stand when the judge enters or exits, and address the judge as "Your Honor."
- Electronic Devices: Turn off or silence all electronic devices, including cell phones, before entering the courtroom.
- Check-In: Upon arrival, check in with the court clerk to confirm your presence.
- Accountability Courts: Cobb County is a leader in the "Accountability Court" movement. The dedicated DUI Court program offers a rigorous post-conviction therapeutic intervention for recidivist offenders.
Frequently Asked Questions
1Where do I go to pay my fines if I'm convicted of DUI in Cobb County? Payment instructions are given at sentencing. Fines are generally paid to the Cobb County Clerk of Court.
2How do I find out which impound lot has my car after a DUI arrest in Cobb County? Contact the Cobb County Police Department non-emergency line to determine the location of your vehicle.
3Does Cobb County offer any alternative sentencing options for DUI offenders? Yes, Cobb County offers DUI Court as an alternative sentencing option for repeat offenders, focusing on rehabilitation and treatment.
Sources
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