DUI Nolo Contendere GA

By: William C. Head, Atlanta DUI Lawyer

Can I Plead Nolo Contendere on a DUI in Georgia?

In criminal law, the defendant must enter a plea. The most common pleas are: guilty, not guilty, or nolo contendere-this is a Latin term that translates to “no contest.” A nolo plea is an alternative to a “guilty” plea. This plea helps the accused in a felony or misdemeanor criminal case where a related civil case is pending (e.g., car accident and a DUI arrest of the at-fault driver).

A nolo contendere plea means he or she does not contest the truth of the criminal charge. This plea of nolo is often a part of a plea bargain.

Please note: you can only plead nolo once every five years.

WHY Plead Nolo?

The main benefit in entering a plead ‘no contest’ is that it does not admit guilt on a person’s record. When pleading nolo contendere- if allowed, the nolo plea prevents admission of guilt in the criminal case.

The Legal Effect of a Nolo Plea

Only applicable to criminal cases — felony or misdemeanor — the legal effect of a no contest plea in Georgia avoids going to trial and proceeds with criminal prosecution, convicting the person of the criminal offense.

However, the nolo contendere GA conviction still shows up on the person’s record, under current Georgia DUI laws. For other minor traffic offenses- such as speeding, the no contest plea is not recorded on the person’s’ driver’s license.

The History of the Nolo Contendere Plea for DUI in Georgia

Before 1997, Georgia statutes permitted a person entering a nolo plea for a first-offense DUI to keep his or her driver’s license. This Georgia DUI law was removed under Former Governor Zell Miller, influenced by MADD and enforced through the NHTSA. Therefore, entering a plea of nolo or guilty no longer offers any advantage.

It makes Georgia criminal defense attorneys job much harder.

Here are the nolo contendere qualifications under Georgia law:

• You may use the nolo contendere plea to drunk driving at the judge’s discretion.

By statute, a person with a blood alcohol content BAC of 0.15 or more is not eligible to plead nolo contendere.

• A written petition for permission to plead nolo contendere must be filed and approved by the judge, and the accused driver has to sign an affidavit about the surrounding circumstances and “need” for the Court to approve the DUI nolo plea.
• Under Georgia statutes, the judge considering whether to accept the nolo contendere plea must review the Georgia Department of Driver Services official driving record before accepting the special plea of no contest to a DUI. Some Georgia judges will NEVER accept a nolo plea to DUI, regardless of civil case issues or other needs.

Our law firms #1 objective is to get your DUI charge reduced, or the DUI dismissed entirely.

The nolo plea was an “easy way out” for many criminal law firms, but our DUI law firm never counts on any client pleading nolo, because we care about the effects on your driving record.

Our Atlanta DUI firm has won over 600 DUI cases, even with expert witnesses.

Call Mr. Head or his law partners, Larry Kohn or Cory Yager, for a FREE lawyer consultation at 404-567-5515.

Call 41-year veteran Atlanta DUI attorney Bubba Head today and get honest answers to all your questions. Tell us everything that happened and everything you remember about your DUI arrest. The sooner you call us, the better chance we have to win your DUI case and get your charges reduced or dismissed.

Remember, you only have 30 DAYS to file a license suspension appeal or apply for an ignition interlock device, or your driver’s license will be suspended for up to one year! Talk to Bubba Head, Larry Kohn, or Cory Yager now. We are available 24 hours a day, weekends, and all major holidays. (404) 567-5515

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