many questions about my dui

[gadui]

What is the name of your state? GA

On February 4, I had been out with friends for dinner and drinks. At about midnight, we left the restaurant. My friends continued on to a bar, but I opted to head home. I was pulled over for speeding (63 in a 40) and arrested for DUI with a .087 reading on the Alco-Sensor III. I was not involved in an accident and I was the only occupant in the vehicle. My Intoxilyzer 5000 results were .094 and .099 at the jail.

I made a huge mistake. I should not have driven that night. My high tolerance level fooled me into thinking that I was okay to drive home. I was not. I know now that the only sensible decision is to not consume any alcohol if I will be driving. I was scared enough after that night to voluntarily seek the advice of a psychologist to obtain an alcohol evaluation. He did not recommend treatment.

After that evaluation, I hired an attorney. At my DMV license suspension hearing, this attorney seemed unprepared. While we waited our turn, he was leafing through a book of DMV statutes and then sought the advice of another attorney about how to proceed. The officer was unwilling to dismiss the charges, so my attorney recommended that I sign a paper indicating that I would plead guilty or nolo at the criminal proceedings.

In June, I went to court prepared to enter a guilty plea. The judge asked me a few questions and upon learning that I am a teacher, the judge recommended that my attorney prepare a nolo plea for me and told him how to do it. My attorney said that he has been unsuccessful in his negotiations with the prosecutor. He said that she offered to drop the speeding, but as for the dui charge - I should plead guilty or prepare for trial.

I go to court tomorrow. What should I expect? Will the judge care that I have already completed the DUI risk reduction class? Does it matter that I have never been arrested for DUI ever in my life? Will they look at my driving history and see that I have no citations or accidents? What will a nolo plea do for me?

A DUI conviction will be devastating for me. I could lose my teaching job. I may be unable to become a foster parent. This experience has already changed me. Will it destroy me?

[SillyPuddy]

Not being an attorney, I've never heard of a "nolo" plea. Most states have have some kind of first time offenders' program which will "defer" prosecution and you can aviod a conviction IF you complete the program and abide by any probation requirements. Based on the information you've provided, if your State has a program I would think you would qualify for it. Has your attorney talked about this with you?

[gadui]

First Offender treatment is specifically prohibited by law for DUI cases in Georgia.

[fagettaboutit]

Here's link for more information, specifically for nolo.

[url]http://www.duiguy.com/questions.htm#02[/url]

Consider yourself lucky you have the judge you do. I guess it balances out the ya-ya lawyer that took your money without even understanding DUI laws. By law, you must spend a mininum of 24 hours in jail. I'm not sure if the judge can waive that mininum time. Also, nolo doesn't protect your license, but you can request a work permit license.

Good luck.

[BigMistakeFl]

The "Nolo Contendere" plea is simply "no contest". It technically means you do not admit guilt to having committed the crime, but the judge will treat it as so and proceed to find you guilty as charged. It's sometimes used in criminal conduct cases involving driving to prevent having plead guilty in case there was an accident and in which a civil suit could follow.

In most states, the judge cannot reduce DUI charges to anything else and in cases like yours, will most likely sentence using minimum first offense DUI penalties.