Many people accused of DUI in the state or Georgia will ask, “Can I file a nolo plea in my DUI case?”
The short answer is “YES” if and only if the court is willing to accept the cause of action after the defendant has satisfied all legal requirements.
OCGA 40-6-3901.1
The Georgia Code Section, which explains the requirements a defendant must meet to file a nolo plea in a Georgia DUI case, is OCGA 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
- The first requirement is that the decision to accept or deny a nolo objection is at the sole discretion of the applicable judge.
- A second condition is that at no time within 3 hours of driving or controlling a moving vehicle due to alcohol consumed prior to driving, the defendant had a federally administered chemical test showing a blood alcohol concentration of 0.15 g/mL or control ended.
- A third condition is that the defendant must not have convicted or pleaded against Nolo on any DUI charge for violating OCGA 40-6-390 in the past 5 years. The statute further states, at leastthese additional conditions must be met:
- The accused must file a certified application (a statement made under oath before a notary public) requesting that this objection be accepted and setting out the facts and specific circumstances necessary for the judge to determine that the acceptance such an objection is in the best interests of justice; And
- The judge reviewed the defendant’s driving records on file with the Department of Driver’s Services; And
- The judge must state his reasons for accepting the plea of nolo contendere as part of the record of the order of indictment under the seal of the court. The judge must also refer the decision of the case to the Department of Driver’s Services (including his reasons for accepting such objection) within 10 days of the date of the decision.
- The defendant’s driver’s license must also be sent to the transport service office.
Purpose of Using a Nolo Plea and Penalties Applicable in a DUI Case
One reason a defendant may request that the court accept his or her nolo pleadings in a DUI or other criminal proceeding is that the defendant desires to settle his or her criminal case and is willing to accept the court’s sentence, even if the Defendants do not believe that they are guilty of the accused crimes. In addition, in any case involving damage to another party’s property or injury to another party, the injured party generally has 2 years to bring a claim in tort (personal injury or civil action) against the defendant for damages and costs can be attributed to the accused. Even if a person is charged in a criminal proceeding related to such an accident, the accused may not believe that he or she caused the accident. Because the defendant’s criminal case is likely to be brought to trial prior to such tort, the defendant may elect to enter a nolo plea to discharge the criminal case and accept such punishment without entering a guilty plea to the charges against him. The entry of a guilty plea in criminal proceedings is equivalent to an admission of guilt and can be used in subsequent civil proceedings against the accused to show that he was responsible for causing the other party’s property damage or personal injury.
Penalties after a Nolo plea for DUI
An IMPORTANT CONSIDERATION that a defendant should consider before filing a nolo plea for 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 license suspensions are concerned. If you file a Nolo plea, you are subject to the same driver’s license suspensions as if you pleaded guilty to the case. The court can also impose the same penalties that they would normally impose if the defendant had pleaded guilty in the case.
In summary, if you are considering filing a plea for a DUI case in Georgia, you must speak with a Georgia attorney who is familiar with DUI laws and can advise you on whether such a plea for You may be beneficial or not your case.
