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Georgia DUI and Criminal Law Updates

By: William S. Hardman, Jr.
​Attorney at Law

Can I use a first offender plea to a DUI in Georgia?

12/3/2018

1 Comment

 
A common question in DUI cases is: "Can I use a first offender plea to a DUI?'
The answer to that question is "No." The provision that specifically forbids a first offender plea to a DUI charge in Georgia is included in O.C.G.A. 42-8-60(j)(10) listed at the very bottom below:

(j) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty or a plea of nolo contendere for:
(1) A serious violent felony as such term is defined in Code Section 17-10-6.1;
(2) A sexual offense as such term is defined in Code Section 17-10-6.2;
(3) Trafficking of persons for labor or sexual servitude as prohibited by Code Section 16-5-46;
(4) Neglecting disabled adults, elder persons, or residents as prohibited by Code Section 16-5-101;
(5) Exploitation and intimidation of disabled adults, elder persons, and residents as prohibited by Code Section 16-5-102;
(6) Sexual exploitation of a minor as prohibited by Code Section 16-12-100;
(7) Electronically furnishing obscene material to a minor as prohibited by Code Section 16-12-100.1;
(8) Computer pornography and child exploitation as prohibited by Code Section 16-12-100.2;
(9) (A) Any of the following offenses when such offense is committed against a law enforcement officer while such officer is engaged in the performance of his or her official duties:
(i) Aggravated assault in violation of Code Section 16-5-21;
(ii) Aggravated battery in violation of Code Section 16-5-24; or
(iii) Obstruction of a law enforcement officer in violation of subsection (b) of Code Section 16-10-24, if such violation results in serious physical harm or injury to such officer.
(B) As used in this paragraph, the term "law enforcement officer" means:
(i) A peace officer as such term is defined in paragraph (8) of Code Section 35-8-2;
(ii) A law enforcement officer of the United States government;
(iii) An individual employed as a campus police officer or school security officer;
(iv) A conservation ranger; and
(v) A jail officer employed at a county or municipal jail; or
(10) Driving under the influence as prohibited by Code Section 40-6-391.
1 Comment
Iris Smith link
3/8/2023 10:24:00 pm

Thank you for explaining that pleading guilty to a DUI as a first offender counts as driving while intoxicated, which is forbidden under Code Section 40-6-391. My acquaintance was arrested for driving while intoxicated. I'll advise her to seek assistance from a DUI lawyer.

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  • Home
  • DUI Cases In Georgia
    • Ask Us About Your Case >
      • Confidential DUI Online Inquiry Form
    • Do I need a 30-Day Letter in my DUI Case?
  • Which Court is your case in?
    • Enter the location of your case
    • Alto, GA DUI Lawyer
    • Athens DUI Lawyer
    • Atlanta DUI Lawyer
    • Banks County DUI Lawyer
    • Baldwin, GA DUI Lawyer
    • Barrow County DUI Lawyer
    • Blue Ridge DUI Lawyer
    • Buford DUI Lawyer
    • Clayton County DUI Lawyer
    • Clayton Georgia DUI Lawyer
    • Cobb County DUI Lawyer
    • Cumming DUI Lawyer
    • Dahlonega DUI Lawyer
    • Dekalb County DUI Lawyer
    • Flowery Branch DUI Lawyer
    • Fulton County DUI Lawyer
    • Duluth DUI Lawyer
    • Fannin County DUI Lawyer
    • Gainesville DUI Lawyer
    • Gwinnett County DUI Lawyer
    • Hall County DUI Lawyer
    • Lawrenceville DUI Lawyer
    • Lumpkin County DUI Lawyer
    • Newnan DUI Lawyer
    • Oakwood DUI Lawyer
    • Smyrna DUI Lawyer
    • Rabun County DUI Lawyer
    • Roswell DUI Lawyer
    • Statham DUI Lawyer
    • Suwannee DUI Lawyer
    • White County DUI Lawyer
    • Winder DUI Lawyer
  • Boating Under the Influence
    • Boating Under the Influence
    • BUI Finger to Nose Test
    • BUI Palm Pat Test
    • BUI Hand Coordination Test
  • Georgia DUI and Criminal Law Updates
  • Traffic tickets
    • Check My Georgia Driver's License Now
    • Traffic tickets and points on your license
    • Case Inquiry Form
    • Speeding tickets
    • Georgia Certified Driver Improvement Schools
  • Important Georgia DUI Laws
  • Contact
  • Is my Georgia Driver's License suspended now?
  • Drug Possession in Georgia
  • Car Wreck/Personal Injury
  • City or County of DUI arrest
  • General Case Consultation Form
  • About