Can I enter a Nolo Plea to a DUI in Georgia?

​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.
O.C.G.A. 40-6-3901.1
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:  
http://law.justia.com/codes/georgia/2010/title-40/chapter-6/article-15/40-6-391-1

1. The first requirement is that the decision to accept or reject a nolo plea is at the sole discretion of the judge in the case.
2. A second condition is that the defendant cannot have had a state-administered chemical test that shows a blood alcohol concentration of .15 g/ml at any time within 3 hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended.
3. A third condition is that the defendant cannot have been convicted of or entered a plea of nolo to a DUI charge in violation of O.C.G.A. 40-6-390 within the previous 5 years.   The statute further says that, at a minimum, these further conditions must be met:​ 
4. The defendant must file a verified petition (statement taken under oath before a notary public) requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interests of justice; and
5. The judge has reviewed the defendant's driving records that are on file with the Department of Driver's Services; and
6. The Judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his or her reasons for accepting the plea of nolo contendere.  The judge must also forward the disposition of the case to the Department of Driver's Services (including his or her reasons for accpeting such plea) within 10 days of the date of the decision.
7. The defendant's driver's license must also be forwarded to the Department of Driver's Services.

Purpose of using a nolo plea and penalties that will apply in a DUI case
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.