Question: I got arrested again in Cumming. I live in Cumming and I got arrested again for another DUI. I just had too much to drink on Lake Lanier when I took a friend just back from Afghanistan out for a day of fishing and, yes, drinking. I didn't have all that much, maybe a 12-pack or so, but my buddy brought some good tequila so things got pretty festive.
I got a DUI about 8 years ago, also in Forsyth. I got nothing else on my record. No arrests for anything and only a speeding ticket from the early 1990's. I know they can be tough on DUI in Forsyth County but I want them to cut me some slack.
I didn't plead guilty to the first DUI at the State Court in Cumming. I pled Nolo. I need to know if a nolo plea is considered a conviction for DUI or is it not? I know that the more DUI's you get, the greater the punishments and I don't want greater punishments.
The last DUI I got I was pretty drunk, I'll admit that. But this time I wasn't blasted. I took the breathalyzer test and it was .131.
Answer: For sentencing purposes, a previous plea of nolo contendere shall constitute a conviction in determining the number of prior DUI convictions pursuant to O.C.G.A. § 40-6-391. So your previous DUI will be considered a conviction.
Each court treats DUI convictions differently in terms of punishment. You need to make sure your DUI lawyer has experience in Forsyth so that, with the other conviction looming on your record, you are able to get the best deal possible.
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