Legal Question in DUI Law in Georgia

You might or might not be able to. DUI is a very serious crime and you have to get a lawyer. Because some effects of a DUI cgarge can cause license revocation administratively (outside of Court), you MUST see a lawyer in less than 10 days from arrest, as that 10 day deadline is critical in many cases.

A DUI conviction or plea of "guilty" or nolo contendere will be a permanent part of your driving record. It does not "come off" your record after 5 years. It will be there for life. A nolo is reported to the Georgia Department of Public Safety, which in turn, reports it to the National Driver's License Registry. Many other non-judicial penalties will inevitably follow a DUI nolo contendere plea, guilty plea or conviction. These can include increased insurance cost (or cancellation of coverage), inability to rent cars, job barriers, etc. In other words, you may never be able to rent a car and you could lose future employment opportunities.

A nolo plea is not available for persons who take a State test and have a result higher than 0.150%. Also, drivers under age 18 at the time of arrest are ineligible. Many judges will deny nolo to anyone under 21.

Penalties are severe even with a nolo.

Fine: $300-$1,000 plus add ons (so it can be closer to $200-$1500).

Jail: 10 days to 12 months (all or part of the sentence may be suspended, stayed or probated). On nolo pleas, no jail time is required in many cases, but judges can impose it.

Community Service: A minimum of 40 Hours of Community Service is MANDATED.

License Suspension: If the court accepts a nolo plea the offender must complete the Risk Reduction Program and submit proof of completion to the Department of Public Safety within 120 days of the court date/disposition to avoid suspension. Most courts require the completion of the Risk Reduction Program (driving school) before a nolo plea will be accepted. Some courts require that all the community service work be completed before a plea is taken. For persons licensed by a state other than Georgia, a nolo plea will not "save" your license.

A plea of nolo contendere is always discretionary (optional) with the judge handling the case. It is unavailable to drivers under the age of 18 at the time of arrest. It is often unavailable in the event of a refusal to submit to a chemical sobriety test at the time of arrest. A nolo is also unavailable to any person who has had a prior guilty plea or verdict or a prior plea of nolo contendere to DUI in the past 5 years. The individual judge decides whether he/she will accept a nolo plea.

(Portions of the above answer are quoted from DUI attorney Bubba Head).