A DUI in Helen and White County: how the case moves

Step 1: the arrest

Inside the city, arrests are made by the Helen Police Department, at Helen City Hall. Elsewhere in White County, including the roads into and out of Helen, the White County Sheriff's Office and the Georgia State Patrol make most DUI arrests.

At the arrest, the officer reads the Georgia implied consent notice and asks for a state test. If you refused, or tested at 0.08 or more (0.02 under 21), the officer serves a DDS 1205 notice and takes your Georgia license. The notice works as a 45-day temporary permit.

Step 2: jail and bond

People arrested in White County are booked at the White County Jail, 1210 Hulsey Road in Cleveland. The jail says only a judge may set bond conditions, and it lists the bonding companies it works with on its page. For Helen Municipal Court cases, the court says bonds are handled through the Helen Police Department.

The jail also warns families about callers who claim they can get someone released for a fee. If you get a call like that, hang up and call the sheriff's office at 706-865-5177.

Step 3: the 30-day license decision

The DDS 1205 starts a 30-day clock. Within 30 calendar days of the serve date you must choose one option: request an ALS hearing ($150), apply for the ignition interlock limited permit if eligible, or do nothing and let the suspension begin on the 46th day. Details: the ALS hearing guide.

This deadline does not wait for your court date.

Step 4: the first court date

The court depends on where you were arrested:

• Inside Helen city limits: Helen Municipal Court, at City Hall, 25 Alpenrosen Strasse. The court meets on the second Wednesday of the month at 4 p.m. Phone 706-878-2733.
• Elsewhere in White County: White County Probate Court, which handles misdemeanor traffic cases, at 59 South Main Street, Suite H, in Cleveland. Phone 706-865-4141. (Arrests inside the City of Cleveland may go to that city's own municipal court; your citation will say.)
• Felony cases (for example a fourth DUI in 10 years, or a DUI with serious injury) and cases transferred up go to White County Superior Court, part of the Enotah Judicial Circuit, in Cleveland.

Bring your citation, the DDS 1205, and your bond paperwork. If you cannot afford a lawyer, you can ask about the Enotah Circuit Public Defender (706-348-8577).

Step 5: resolving the case

A DUI case can end in a dismissal, a plea, or a trial. Georgia law does not allow first offender treatment for DUI, so a guilty plea is a conviction on your record. The penalty ranges are in the penalties guide.

Step 6: after a conviction

A conviction usually brings:

• a fine, jail time (much of which a judge may suspend), community service, and probation;
• the DUI Alcohol or Drug Use Risk Reduction Program and a clinical evaluation; and
• a license suspension from DDS, with reinstatement possible after 120 days for a first offense in five years (reinstatement guide).

If you were visiting

Many people arrested in Helen live somewhere else. Your home state may also act on a Georgia DUI, and you may need to come back for court. The out-of-state guide explains what to expect.

Getting your car back

If you were arrested while driving, the police usually have the car towed. Call the arresting agency first. It can tell you which company has the car and whether a release is needed. Then call the tow company and ask for the total due, the payment methods it accepts, its hours, and what you must bring, usually photo ID, the registration, and proof of insurance. Storage fees often add up each day. If you cannot drive, ask the tow company whether someone else may collect the car with your written permission.

Preparing for the first court date

• Read the citation and bond papers for the court name, date, time, and any conditions.
• Call the court clerk to confirm the date and whether you must appear in person.
• If you want a public defender, ask the court how to apply before the date.
• Bring your paperwork and arrive early.
• Follow every bond condition. A violation can lead to a new warrant.

If you cannot make the date, call the court before it, not after.

If the arrest was in Habersham County

Clarkesville, Cornelia, Demorest, Baldwin, and Mount Airy are in Habersham County, next door to White County, and a case that starts there stays there. People arrested by the sheriff or the Georgia State Patrol are booked at the Habersham County Detention Center, 1000 Detention Drive in Clarkesville. Misdemeanor DUI cases go to the State Court of Habersham County, where the Solicitor General prosecutes traffic cases; the county says people charged with DUI must appear before the judge. An arrest by a city police department can go to that city's municipal court instead, so check the court named on your citation. Felony cases go to the Habersham County Superior Court, part of the Mountain Judicial Circuit. The 30-day DDS deadline and everything after a conviction are the same, because those are state rules. The nearest DDS centers are in Gainesville and Toccoa. Addresses and phone numbers are under Habersham County.

Contacts

Every office above, with its address and phone number, is on the local resources page. Call before you go; hours change.