How should I plea to my first DUI in Georgia?

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Question:

How should I plea to my first DUI in Georgia?

Answer:

The DUI laws in Georgia have established a DUI has a criminal charge. This means that you aren't just dealing with a traffic ticket where you can pay your fine and go home. Instead, you are going to have a court hearing, you are going to have to enter a plea, and you are going to either have to accept your penalties or try to prove that you are innocent of the charges against you (or, at least, that the prosecutor doesn't have the evidence to prove you are guilty). Because the Georgia DUI charge carries with it some serious penalties- including jail time- deciding how to plea for your first DUI is going to be a tough decision for you to make. In general, however, you have two different options:

  • You can plead guilty. If you do plead guilty, it is in your best interests to try to arrange a plea bargain with the prosecutor. At his discretion, the prosecutor may offer you a lesser charge than DUI (like a wet reckless) or may be willing to reduce your penalties in exchange for you admitting guilt. It is more common for a first offense that a prosecutor will be willing to let you arrange a plea than if you have multiple offenses, and if you had a BAC that was close to the legal limit then you have an even better chance of being able to cut a deal 
  • You can plead not guilty. If you do, you are going to have to raise a DUI defense. There are a few different ones available (like a rising BAC defense) and a lawyer can help you to figure out which defense may work best for you. 

In general, whenever you are charged with a Georgia DUI, it is in your best interests to speak with a lawyer who can help you to decide exactly how you should plea based on the circumstances surrounding your arrest. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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