The Municipal Court of Atlanta is the largest municipal court in the State of Georgia. The Court has jurisdiction to conduct bench trials concerning criminal matters including traffic offenses, driving under the influence (DUI), ordinance violations, and limited misdemeanors that have occurred within the city limits. The Court also has jurisdiction over civil and quasi-criminal offenses including photo-enforced school bus violations, false alarms, parking, and code enforcement violations. The Municipal Court has 10 municipal court judges and hears an average of 815 cases weekly and closes approximately 3,302 cases per week

There are six (6) divisions of the municipal court, namely: DUI, Restore Atlanta, In-Custody/First Appearance, Criminal & Aggravated Traffic, Housing & Code, and General Traffic. DUI cases deal with individuals who are accused of driving under the influence of alcohol or other intoxicants. The Atlanta Solicitor General is responsible for prosecuting these cases. According to OCGA § 40-6-391, a person found convicted of driving under the influence shall, upon a first or second conviction, be guilty of a misdemeanor and upon a third conviction, be guilty of a high and aggravated misdemeanor, and upon a fourth or subsequent conviction, be guilty of a felony. Although initial DUI charges are misdemeanors, misdemeanors can carry great penalties for the convicted individual. Some of these penalties include, but are not limited to a fine between $300.00- $1,000.00, license suspension, 40 hours of community service, or jail time of up to 12 months.

Additionally, there is a common misconception that the exchange of information between the Prosecutor and the Defendant in misdemeanor cases - otherwise called discovery- is as broad and encompassing as it typically is in other criminal or even civil cases. Specifically, "[i]n a misdemeanor case, the elective optional mutual discovery provisions of OCGA § 17-16-1 et seq. are unavailable." Brooks v. State, 267 Ga. App. 663, 664 (2004). OCGA § 17-16-21 further provides: "prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand, with a list of the witnesses on whose testimony the charge against such person is founded." In other words, a Defendant may be unsuccessful if they request documents or evidence that go beyond the scope of what is outlined in OCGA § 17-16-21.

In closing, DUI charges can be difficult to navigate as there are certain distinctions in DUI/misdemeanor cases that are not typically found in other felony criminal cases as aforementioned. As such, it is always best to seek the advice of an attorney. If so, contact the Atlanta Bar Association Lawyer Referral and Information Service to connect to an attorney for Municipal Law matters.