Checking for an Outstanding Warrant on an Open Georgia DUI

Attorney Answer

Nobody can tell you online whether a warrant exists, but you can find out for certain from two places: the clerk of court in the county where the DUI is pending, and a criminal history check on yourself. Do that before you walk into a courthouse, because if a bench warrant is out, appearing in person can end with you being arrested at the door.

The governing law. The most common way a warrant appears on a case someone believes is finished is a missed court date. Under O.C.G.A. § 17-6-71, when a principal released on bond fails to appear the judge must forfeit the bond and issue a bench warrant for the principal's arrest. That is worth understanding for a specific reason: a forfeited bond is not a closed case. People are sometimes told their bond was "taken care of" and assume the charge went away, when in fact the bond was forfeited and the charge is still open with a warrant attached.

Be aware that this is not the only route to a warrant — one can also issue on an indictment or accusation through a different provision — so the absence of a missed court date does not by itself mean you are clear.

Your situation has an extra wrinkle. Being taken into custody twice since the DUI charge does not mean the DUI warrant was served or the case resolved. Jails book people on the charge in front of them; an old warrant from another county can sit unserved through an entire custodial term.

What you can do

1. Call the clerk of court in the county where the DUI is pending. Give your name, date of birth, and case number if you have it, and ask three specific questions: is the case open, has a bench warrant issued, and is there a next court date. 2. Request a Georgia Crime Information Center criminal history on yourself through your local sheriff's office or police department. You will need photo identification and a small fee. This is the record that will show a warrant your local clerk cannot see. 3. If the case shows as closed, ask the clerk for a certified copy of the disposition and keep it. That document is what ends arguments later. 4. If a warrant does exist, do not go to the courthouse alone and do not wait to be picked up on a traffic stop. Have a lawyer contact the court to arrange a voluntary surrender with a bond hearing already scheduled — the difference between walking in with counsel and being arrested on the roadside is often days in custody. 5. Confirm your current address with the clerk. Warrants very often begin as a notice mailed to an address the person moved away from years earlier. 6. Do not rely on a sheriff's public warrant list. Those lists are incomplete and are not updated on any reliable schedule.