DUI Case Law and Updates
William S. Hardman, Jr.
Attorney at Law
Attorney at Law
Many people accused of DUI in the State or Georgia will ask, "Can I enter a Nolo plea in my DUI case?"
The short answer is "YES" if, and only if, the court is willing to accept the plea after all the defendant meets all of the statutory requirements.
The Georgia Code Section that explains the requirements a defendant must meet to enter a nolo plea to a DUI case in Georgia is O.C.G.A. 40-6-391.1. You can read the entire statute here:
One reason that a defendant may request that the court accept his or her nolo plea in a DUI or any criminal case is that the defendant would like to dispose of his or her criminal case and is willing to accept the court's punishment even if the defendant does not believe that they are guilty of the crimes as charged. Further, in any case that involves an accident where another party's property is damaged or another party is injured, the injured party will generally have 2 years to file a tort action (personal injury or civil case) against the defendant for damages money and costs that may be attributed to the defendant. Even if a person is charged in a criminal case related to any such accident, the defendant may not believe he or she is the cause the accident. Because the defendant's criminal case is likely to come to court before any such tort action, the defendant may elect to enter a nolo plea to dispose of the criminal case and accept such punishment without entering a guilty plea to the charges against him/her. Entering a guilty plea in the criminal case is tantamount to an admission of guilt and may be used in a later civil case against the defendant to show that he/she was liable for the cause of the damage to property or injuries to the other party.
Penalties after a nolo plea to DUI
One KEY CONSIDERATION a defendant should consider before entering a nolo plea to DUI in Georgia is that the Department of Driver's Services treats a nolo plea the same as a guilty plea as far as driver's licenses suspensions are concerned. If you enter a nolo plea you will be subject to the same driver's license suspensions as you would if you entered a guilty plea in the case. The court may also impose the same penalties as they would normally impose if the defendant had plead guilty in the case.
In summary, if you are considering entering a plea to a Georgia DUI case, you need to speak with a Georgia attorney who is familiar with the DUI laws and who can advise you of whether or not such a plea may or may not benefit you in your case.
Blog posts by Bill Hardman at DUI Blog and Case Results