DUI Plea Bargain & Sentence Reductions in Georgia

Georgia DUI Plea Bargains and Sentence Reductions portrayed by scales of justice next to a gavel and Georgia legal text on a black table.

Often, those arrested and charged with DUI in Georgia have no prior criminal offenses. Even so, this may not prevent a misdemeanor conviction and a criminal record that can have long-term consequences on their lives.

Fortunately, with the help of a seasoned DUI lawyer, a plea bargain can sometimes reduce the DUI charge to a lesser charge with a reduced sentence. This reduces both the immediate and longer-term impact of a DUI.

Here’s what you need to know about DUI plea bargains and the sentence reduction process in Georgia.

What is a DUI plea bargain in Georgia?

In criminal cases in Georgia, a plea bargain is an arrangement between the defendant and the prosecution. In return for waiving the constitutional right to fight the case at trial and taking up valuable court time, the plea bargain may reduce the criminal charge and/or associated sentence.

DUI convictions in Georgia can result in jail time between ten days and one year, fines, license suspensions, and community service. The conviction remains on the criminal record permanently, appearing on background checks for the rest of the defendant’s life.

This is a harsh price to pay for a lapse of judgment, which is why many individuals charged with DUI consider the benefits of a plea bargain.

However, before considering a plea bargain in Morgan County, Georgia, it’s best to discuss your legal options with a DUI lawyer with suitable connections in the local judicial system. While the penalties offered by plea deals may be more lenient, defendants should consider any potential negative consequences before proceeding.

A negotiated plea agreement is where the State attorney and defense counsel agree on an appropriate punishment for the criminal acts committed. The agreement must be presented in court, and the judge must accept the agreement. If it is rejected, the judge will provide an opportunity to withdraw the plea and go to trial.

A non-negotiated plea is where someone charged with a criminal offence wants to admit guilt but cannot come to an agreement with the prosecutor about an acceptable punishment.

The judge will decide on the merit of the plea request after hearing a summary of the evidence and arguments from both sides, as well as their sentencing recommendations. After considering the facts, any lawful sentence can be delivered by the judge and cannot be changed. Non-negotiated pleas are relatively rare in Georgia.

How to get a DUI plea bargain in Georgia

A plea bargain usually occurs in the early stages of a criminal case, after it begins its progress through the court system, although it can happen at any stage, including in the middle of a trial.

Defendants are usually in close contact with their DUI lawyers during these early stages and should understand their legal options.

It may be possible to plead guilty to a lesser, non-criminal charge or there may be an opportunity to plead no contest (nolo contendere) in exchange for a reduced sentence—more about this below. Sometimes, defendants are even advised to plead guilty to driving under the influence and accept a criminal record in exchange for a lighter sentence.

The legal advice given will depend on the precise circumstances of the DUI charges.

DUI charge reduction

The most common DUI plea bargains available in DUI cases in Georgia are as follows…

Reckless driving

Driving a vehicle with a disregard for the safety of other persons or property can result in a reckless driving charge in Georgia. Examples include weaving in and out of traffic, excessive speeding, and failing to yield at a right of way.

Although the punishment can be up to a $1,000 fine and a year in prison, reckless driving is still generally considered a charge reduction in DUI cases.

Wet reckless

“Wet reckless” refers to the charge for a driver who acknowledges that the reckless driving was due to the involvement of alcohol or drugs. In return, this can result in a lower fine, shorter court-imposed driver’s license suspension, and no jail time compared with a DUI conviction.

A wet reckless conviction is counted as a prior offense in Georgia if the driver is convicted of another drunk driving offense within the 10-year look-back period.

Advantages of accepting a DUI plea bargain

The main benefits of accepting a DUI plea bargain are generally as follows:

  • A quick and definite resolution rather than the uncertainty, delays, and stress of a trial
  • Reduced penalties, such as lower fines and shorter or no jail time
  • Fewer points on the driving record, potentially reducing the long-term impact
  • The potential to avoid a criminal record, depending on the circumstances
  • A decreased impact on insurance premiums
  • No attendance at required otherwise mandatory DUI school

First offense DUI plea bargains in Georgia

DUI convictions are pursued aggressively by prosecutors in Georgia, but first-time offenders have a better chance of escaping the most serious consequences than repeat offenders. If nobody was injured as a result of the drunk driving offense, first-time offenders may be able to plea bargain with the help of a seasoned DUI lawyer.

Alternative sentencing programs that allow some first offenders to dismiss the charges are not, however, available in Georgia DUI cases.

Second DUI plea deal

A second DUI offense within 10 years incurs heavy penalties in Georgia. A seasoned DUI lawyer may be able to weaken and challenge the prosecution’s case, but this is considerably more difficult with repeat offenders, who may be encouraged to participate in a treatment-based program that offers enhanced supervision and counseling.

Additional DUI plea bargains in Georgia

There may be several other options when it comes to plea bargaining in Georgia…

Nolo Contendere

Nolo contendere is where a defendant elects to plead no contest to a count of DUI. This is not a plea of guilty or not guilty but rather a choice to not contest the charge and agree to a more lenient sentence and fine. Nolo Contendere in DUI cases is, however, viewed as a conviction.

Open plea

A “blind” or “open” plea is where no agreement between the defendant’s attorney and the prosecution can be reached. The accused stands before the court, pleads guilty or nolo contendere, and accepts the punishment as determined by the judge—with no opportunity to withdraw the plea after the sentence has been announced.

Deferred disposition

Deferred disposition acts as a type of probation in Georgia, with the judgment for a DUI offense withheld. The defendant must enter a guilty, no-contest or not-guilty plea and the judge must find that a conviction would have occurred if the defendant had proceeded to trial. If the defendant completes the terms of the deferred disposition, the case will be dismissed and will not be reported as a conviction in the state of Georgia.

If you’re facing DUI charges in Morgan County, Georgia, speak to a skilled defense lawyer from Michael Fulcher Law, LLC. We’ll outline your legal options, help you navigate the judicial system, and reduce the impact on your future. Contact us for a free consultation or call us at 706-438-1555.