Many people in Georgia who are arrested for driving under the influence are unaccustomed to being in trouble with the law. They simply want to move beyond the case as quickly as possible without an extended trial and the potential for harsh penalties.
One option is to plead nolo contendere. This is also referred to as pleading “no contest.” Those who are considering this option should be aware of how it works and understand if it is appropriate to their situation.
Understanding the consequences of nolo contendere for DUI
When pleading nolo contendere, the judge in the case will decide whether to accept it or not. If the driver had a blood alcohol concentration of higher than 0.15, they are not eligible for nolo contendere. It is available for those who had a prior conviction in certain circumstances.
If they were convicted or there was a nolo contendere in the prior five years, they must show the judge that the plea will be in the best interest of justice and the judge conducted a review of the person’s driving record. The judge will give their reasons for accepting nolo contendere.
The penalties should also be known beforehand. When it was a first offense, those who do not have a nolo contendere in the prior 10 years can be fined between $300 and $1,000. They can be incarcerated for 10 days or up to one year. The judge has the discretion to suspend the sentence, depending on the circumstances. They could also need to perform community service. A second or subsequent conviction will result in harsher consequences.
There are benefits to a nolo contendere for DUI
People facing DUI charges should know how a nolo contendere can benefit them. Not only will it eliminate an extended trial and the long-term challenges from it, but it can help them to retain their driving privileges, which is imperative for people who need to drive for work and for other reasons. The case should be analyzed in full to decide if this is the wisest path to take. This is a key part of a criminal defense to determine a strategy and move forward.