What Is a DUI “Nolo Contendere” Plea?

Traditionally, a Nolo Contendere plea (also called a “no contest” plea) was seen as a more favorable disposition than pleading guilty to charges. A person who pleads “nolo contendere” or “nolo” to a criminal charge is not contesting the conviction, but for one reason or another, doesn’t want to ‘admit’ guilt in the court of law. This plea can only be used once every five years, and only in certain circumstances.

But, can the nolo plea be used in DUI cases? What benefits are there to pleading ‘nolo’?

In this article, our top Atlanta traffic lawyers explain what exactly a nolo contendere plea is, when that plea can be used, and how that nolo plea may be beneficial to cases involving certain traffic violations, even if it’s not very useful in DUI contexts.

For many traffic offenses, a nolo contendere plea can eliminate points, so long as the nolo plea is accepted by the Judge, and it is a 1st offense within 5 years.

Prior to 1997, pleading ‘nolo’ was accepted for DUI cases, as it allowed an individual to keep their driving privileges. Now, though, judges hardly accept “nolo” pleas for DUI.

Georgia DUI laws count a nolo contendere plea as an offense, just as if a guilty plea was put on your history.

Is nolo contendere a conviction?

Yes, for all intents and purposes. All states consider a “nolo contendere” plea to DUI to be the functional equivalent of a guilty plea and treat the no contest plea the same as a conviction.

In a DUI context, that means, you still face the administrative license and criminal penalties associated with a driving under the influence charge. So, if this is your first DUI offense, you’re still subject to the $300-$1,000 fine, 24 hours in jail, 40 hours community service, and 20 hours of DUI school (Risk Reduction) and potential license suspension.

It’s important to note that, the charge itself triggers the license suspension, not just the points accumulated as a result of the charges.

So, since pleading ‘nolo’ is essentially the same as a ‘guilty’ plea, is the ‘no contest’ plea even useful or beneficial? In some circumstances, yes.

Who Is Not Eligible for a Nolo Plea in GA DUI Cases?

GA DUI law doesn’t permit pleading ‘nolo’ for a DUI for the following classifications of drivers, even if the judge accepts it:

• Drivers under the age of 21 (These drivers are subject to harsher standards and even a four-point offense triggers license suspension, like reckless driving, speeding under 24 MPH, or other offenses outlined by OCGA § 40-5-57.1). Even so, in Georgia, it’s the charge itself that requires suspension, not accumulation of points.
• Drivers with a high BAC (at or above 0.15%, as defined by OCGA 40-6-391 (a) (5))
• Those drivers who have entered a plea of nolo contendere for any offense in the past five years (from arrest date to arrest date).

If a plea of no contest is allowed to be entered, the DUI defense attorney must present a verified petition to the judge explaining how the DUI presents a hardship for the driver.

Will a Nolo Plea Put Points on My License?

No, pleading nolo contendere will not put points on your license at the Georgia Department of Driver Services (GA DDS). But, it may cause insurance rates to rise as this plea still appears on your Motor Vehicle Report (MVR).

When Can a Nolo Plea Be Useful?

While not that useful in a DUI context, the nolo plea is much more common when used in a traffic offense context. Pleading no context still causes your driver’s license to be suspended, it just won’t add points. So, pleading nolo to a traffic offense that will put your license over the point suspension threshold may be beneficial.

If I have an out-of-state license, will a nolo contendere GA disposition benefit me?

The earlier historic reference to federal regulations calling for all states to eliminate “special” dispositions like nolo contendere from its state statutes, or risk losing federal highway funds, has all but wiped out these old laws. As the push by M.A.D.D. and NHTSA (an agency within the Department of Transportation) for safer highways moved forward, the “nolo” plea was an easy target for theses highway safety advocates.

Subsequent legislation can neutralize any value or benefit of a plea of nolo contendere to DUI which was entered before the more restrictive new statute was enacted. In Harrison v. Commissioner, Div. of Motor Vehicles, 226 W. Va. 23 (2010), the West Virginia Supreme Court overturned two lower court rulings that blocked the WV DMV from treating a prior nolo contendere plea as a first offense DUI. The two lower court judges believed that the new law only applied prospectively, and could not retroactively eliminate the benefit the two men who were facing the same DUI second offense penalties. The nolo contendere plea for each man was counted as a 1st DUI offense, which caused much harsher driver’s license revocation and criminal penalties.

Can my Georgia DUI lawyer always obtain a nolo contendere disposition, for eligible DUI drivers?

The most recent changes to state laws about a drunk driving or drugged driving offense gave the presiding judge discretion, as to whether or not ANY person can obtain a plea of nolo contendere to DUI. Some judges have never approved one. Other judges are highly reluctant to allow the nolo plea. A few are quick to allow it, so long as the specter of a civil judgement justifies using the one-time nolo contendere, and the accused citizen is “eligible.”

This national shift toward blocking the use of a nolo contendere plea in all DUI cases has created massive changes in the State of Georgia. Cases in 1997 and earlier OFTEN were pled out to DUI, since a first DUI offense was a slap on the hand, and the driver was permitted to keep full driving privileges. Trials for DUI first offenders were rare in those days. Today, most of our DUI law firm’s trials are for 1st offense DUI clients.

Additionally, because jury trials are guaranteed in Georgia for all felony and misdemeanor crimes, the size and number of courts and judges that handle DUI cases has more than tripled since 1997. This has placed a far higher financial burden upon state and local governments, and these costs are passed on to taxpayers and those who are convicted in Georgia.

For a free analysis of your eligibility to plead nolo to a DUI, please complete our online case evaluation form, or call William C. Head, PC at (404) 567-5515.

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