A state lawmaker who once planned to use legislative immunity to fight a drunken driving charge was convicted of DUI Wednesday.

Rep. David Graves, R-Macon, faces another drunken driving charge stemming from an arrest last year. State Court Judge Irma Glover said she would wait until after that case is resolved before sentencing Graves.

The legislator was stopped Feb. 15 after leaving a dinner meeting with other legislators away from the Capitol. He claimed that his legislative immunity should have prevented him from being arrested. The provision stipulates that lawmakers cannot be arrested during sessions of the General Assembly or its committees or while traveling to either one.

Glover ruled that even though the Legislature was in session at the time, there was no evidence that the dinner was either a committee meeting or part of any legislative session.

Graves instructed his attorney not to appeal the decision, saying he wanted to be treated no differently from any other citizen.

He also resigned as chairman of the committee that handles liquor industry legislation.

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