DUI Court Entry Procedure

1. Defendants who are interested in DUI Court should have their attorneys discuss the program with the prosecutor assigned to the case.
2. The Solicitor’s Office will determine initial eligibility (i.e. resident of Cherokee, 2nd DUI in ten years or 3rd or more lifetime).
3. If the defendant meets the eligibility requirements, the Solicitor’s Office will forward a recommendation to the DUI Court Office and will make an offer/recommendation of DUI Court to the defense attorney/defendant.
4. The defense attorney will then obtain a DUI Court Attorney Packet from the DUI Court Office (located in Suite 370 of the Justice Center).
5. The defense attorney will then return all completed forms in the Attorney Packet to the DUI Court Office.  Incomplete applications will not be processed, and the defendant will not be assessed for program eligibility until all required documents are submitted.
6. When the completed Attorney Packet is submitted, the Defendant must contact the DUI/Drug Court office to schedule an initial interview/assessment.
7. At the interview/assessment the defendant will be told whether or not he/she is accepted in the program.  If the defendant is not accepted into the program the defense counsel will be contacted and the defendant may appeal that decision to the DUI/Drug Court Team.  Time and location of next Team meeting will be given to the defense counsel/defendant.
8. The defendant will appear before the Court to enter a plea.
9. After the DUI Court entry plea is taken, the defendant will immediately see a probation officer who will give them the dates and times of their intake appointment with the DUI Court; their intake appointment with their probation officer; their intake appointment with Price Counseling Service; and notice of their first DUI Court appearance.
10. Probation cases:  Where a person is on probation in Cherokee County State Court and is facing revocation, the same procedure will apply, except that the remaining sentence on the original DUI must have at least 24 months left on it, or the revocation plus the sentences on any new charges must carry a sentence of at least 24 months.  If there is agreement that DUI Court is appropriate, all of the above shall apply, and both cases shall be transferred to the DUI Court Judge.