Gwinnett County DUI Court Guide
Everything you need to know about appearing in court for your DUI case in Gwinnett County, Lawrenceville.
Last verified: January 6, 2026
Gwinnett County State Court
About the Gwinnett County Court System
Gwinnett County State Court handles most misdemeanor DUI cases (first and second offenses) in Lawrenceville. Gwinnett 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
- 10-day DDS deadline 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
- Nolo contendere plea option
- Lower penalties
- Faster resolution
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) Required
Georgia requires completion of a DUI Alcohol or Drug Use Risk Reduction Program for all DUI convictions. This 20-hour program is mandatory for license reinstatement and often a condition of probation.
Program Requirements:
Note: You must complete an approved Georgia DDS Risk Reduction Program. Out-of-state programs are not accepted.
Related Gwinnett County Guides
The DS-1205 form is the most critical document in the early stages of a DUI case in Gwinnett County. It serves as a notice of suspension, a temporary driving permit (if your license was valid at the time of arrest), and the officer's sworn affidavit.
Dual Court Systems: ALS vs. Criminal
A DUI arrest in Gwinnett County sets off two separate legal processes. First, the Administrative License Suspension (ALS) case, which is a civil matter handled by the Georgia Department of Driver Services (DDS) and the Office of State Administrative Hearings (OSAH). This focuses solely on your driving privileges. The second case is a criminal one, managed by the Gwinnett County Solicitor General (for misdemeanors) or District Attorney (for felonies), and adjudicated in the State or Superior Court of Gwinnett County. This one determines fines, probation, jail time, and community service.
Critically, the ALS case moves much faster. You have only 30 calendar days from the date on the DS-1205 to take action, or your license will be suspended.
The 30-Day Rule: Your Options
Within 30 days of your DUI arrest, you have two options to avoid automatic license suspension:
- Request an Administrative Hearing: Challenge the suspension by requesting a hearing with OSAH. This is often called sending the "30-Day Letter." The filing fee is $150. Send the request via certified mail to P.O. Box 80447, Conyers, GA 30013 to ensure a defensible paper trail. Online submission is becoming the preferred method for speed and verification.
- Apply for an Ignition Interlock Limited Driving Permit (IIDLP): Waive your right to a hearing and install an Ignition Interlock Device on your car. This allows you to drive immediately (after processing) with the device. The DDS permit fee is $25, plus installation and monthly monitoring fees from a private provider (typically $100-$200 for installation and $80-$100 per month).
If you do nothing within 30 days, your license will be suspended automatically.
Navigating OSAH Hearings
ALS hearings for Gwinnett County are often held at the Duluth Public Safety Building, but OSAH does not have an office in the building and city staff will not be able to answer specific questions about your case.
Limited Driving Permits: The Fixed Schedule
If granted a Limited Driving Permit (LDP), adhere to a strict "fixed schedule." Georgia law favors permits with specific times, routes, and destinations. A "logbook" is for documenting variable, pre-approved trips (medical/court), not discretionary travel. If stopped by Gwinnett Police outside of your approved schedule without documentation, you could be arrested for Driving on a Suspended License.
Gwinnett County State Court
The Gwinnett County State Court handles the majority of DUI cases not initially resolved in Recorder's Court. The State Court operates Monday through Friday, 8:00 AM to 5:00 PM (counter for new filings closes at 4:30 PM), and is located at 75 Langley Drive, Lawrenceville, GA 30046. The Office of the Solicitor General (770.822.8300) prosecutes all misdemeanor cases, including DUI. Judges include Carla E. Brown (Division S3), Erica K. Dove (Division S5), and Ronda S. Colvin (Division S4).
Continuances for arraignment calendars in State Court are only granted by the Judge. The Clerk's staff cannot provide legal advice.
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