DUI COURT

D.U.I. COURT

What is D.U.I. Court?

DUI Court is a post-adjudication accountability court program intended to prevent recidivism of those offenders who drive under the influence of alcohol and/or drugs.  Multiple DUI and Boating Under the Influence (BUI) convictions are indicative of alcohol and drug addiction.  The long-term effects of such addictions include, among other things, loss of human life, physical injuries, property damage, significant legal costs, and raised insurance rates.  The program offers an alternative to jail and “standard” probation through group therapy, 12-step meetings, frequent alcohol and drug testing, home visits by program personnel, probation visits, intensive case management, and bi-monthly contacts with the Court.  All persons charged with DUI or BUI in State Court receive a specific, separate arraignment date and are screened for program eligibility. 

The DUI Court “Team” consists of a judge (Chief Judge Alan Jordan), a prosecutor (Chief Assistant Solicitor-General David McElyea), a defense attorney, the DUI Court Administrator, the DUI Court case manager, a probation officer, a surveillance officer, and the counseling team. 

Who is eligible for Misdemeanor Drug Court?

To qualify for Misdemeanor Drug Court, a defendant must:

• Live in Cherokee County;
• Have no previous or pending violent felony charges;
• Meet one of the following criteria:
• Have a prior conviction for DUI or BUI within the previous 10 years; or
• Have two (2) prior lifetime convictions for DUI or BUI;
• Apply for the program and be interviewed by the DUI Court administrative staff.

How does the program work?

DUI Court is a 5-phase, minimum 14-month program.  Once a defendant’s application for the program is accepted, (s)he will enter a guilty plea to the DUI/BUI and other charges contained in the accusation and negotiated for entry.  During the following 14-24 months, the defendant will work with the DUI Court Team, attend counseling sessions, be subjected to frequent alcohol and drug testing, attend bi-monthly court sessions, and meet once a month with their assigned case manager and probation officer.  During the program, violations of program rules are addressed using “sanctions,” which include but are not limited to community service work, court observation, writing essays, additional counseling, and incarceration.  When a defendant enters the program, the standard State Court fines, community service work, and jail time may be reduced.

What should I do if I have questions?

Any questions regarding DUI Court should be directed to CASG David McElyea ([email protected]).  The DUI Court administrative office can be reached at (678) 493-6450 or online at www.cherokeega.com/DUI-Drug-Court/.