Forsyth County DUI Court Guide
Everything you need to know about appearing in court for your DUI case in Forsyth County, Cumming.
Last verified: January 6, 2026
Forsyth County State Court
About the Forsyth County Court System
Forsyth County State Court handles most misdemeanor DUI cases (first and second offenses) in Cumming. Forsyth 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 request deadline 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:
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 qualify for DUI Court.
Common Outcomes (1st Offense DUI):
DUI Court Program Available
Forsyth County offers DUI Court as an alternative sentencing option for eligible DUI offenders. This intensive supervision program focuses on treatment and accountability rather than incarceration.
Typical Requirements:
Benefit: Successful completion may result in reduced charges or dismissal. Ask your attorney if you qualify.
Related Forsyth County Guides
Forsyth County operates a specialized DUI Court for repeat offenders or high-BAC cases. This is an accountability court designed to treat the root cause of the offense (addiction) rather than simply incarcerating the offender and requires a guilty plea to enter.
DUI Court in Forsyth County
The Forsyth County DUI Court targets high-risk offenders who might otherwise face significant jail time, specifically those with a 2nd DUI in 10 years or a 3rd lifetime DUI. Disqualifiers include a violent felony history, drug sales/distribution history, severe mental health issues preventing participation, or status as an undocumented resident.
Presiding Judge: Chief Judge T. Russell McClelland.
The court operates on a "Team" model involving the judge, prosecutor, defense counsel, and treatment providers. The approach is non-adversarial but highly coercive, meaning compliance is mandatory.
The 18-to-24-month program uses a nautical metaphor to structure recovery.
Participation in DUI Court is not a "get out of jail free" card. It is effectively "jail on the installment plan" for non-compliant participants. Missed meetings, late arrivals, or positive drug screens result in immediate, graduated sanctions ranging from community service to "flash incarceration" (24-48 hours in jail) imposed immediately by the judge. Participants are also subject to random home visits by Sheriff's deputies to check for alcohol possession (which is banned in the home, even for family members).
Vehicle Impound Logistics
The immediate logistical crisis following a DUI arrest is the seizure and impoundment of the defendant's vehicle. If arrested by the Forsyth County Sheriff’s Office (FCSO) within unincorporated Forsyth County or by Georgia State Patrol (GSP) troopers operating within the county jurisdiction, your vehicle likely ends up at K&K Towing (also referenced as Dawsonville K&K Towing) or United Towing (servicing the southern sectors of the county, particularly near the Alpharetta border). If arrested within the city limits of Cumming, your vehicle will likely be impounded by K&K Towing.
Vehicles seized under DUI charges often carry a "Hold" status, requiring the owner to obtain a physical release form from the arresting agency before proceeding to the tow lot.
K&K Towing & Recovery
The primary lot is located at 131 Amos Dr, Cumming, GA 30040. The lot maintains standard business hours for releases: Monday through Saturday, 9:00 AM to 5:00 PM, and Sunday, 7:00 AM to 12:00 PM. K&K Towing enforces a strict payment policy; the primary and most reliable method is Cash or Certified Funds (Money Order/Cashier's Check).
United Towing
United Towing is located at 1160 Tidwell Rd, Alpharetta, GA 30004. United Towing operates 24 hours a day for intake and release. Users must verify specifically with the arresting officer whether the release form comes from the Forsyth Sheriff or the Alpharetta Police.
Detention and Release
The Forsyth County Jail is located at 202 Veterans Memorial Blvd, Cumming, GA 30040. The Bonding Window in the main lobby operates 24/7/365. Phone inquiries to the booking line can be made to 770-781-2226.
The base bond for a first-offense DUI typically ranges from $1,500 to $2,500. The Sheriff’s Office maintains a strict "Cash Only" policy for direct payments at the window.
Forsyth Bail Bonds: 770-889-9995.
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