Is It Better to Plead Guilty or No Contest For a DUI? 

Understanding how a no contest plea differs from pleading guilty can give you confidence and clarity before you step into court.

DUI charges come with decisions that are not always easy to understand, especially relating to how you might plead. For many people, the distinction between pleading guilty and no contest to a DUI is unclear. However, each option carries legal and practical consequences that could affect your license, record, and future opportunities.

This article explains what a no contest plea means in a DUI case, when it might be the right choice, and how it compares to pleading guilty. If you are unsure which of these pleas is best for you, this guide will help you understand the nuances.

This blog is not legal advice and is for informational purposes only. For any DUI-related questions, including what to plead, reach out to a qualified attorney. 

What Does ‘No Contest’ Actually Mean?

What is a nolo plea?A no contest plea, legally known as nolo contendere, is essentially a way to accept sentencing without directly admitting guilt. Pleading no contest to a DUI may be advantageous in certain circumstances.

A nolo on DUI means you do not admit guilt, but do not dispute the charges. In DUI cases, this can function as a resolution that avoids trial and a public admission of guilt. 

The law still treats a no contest plea as a conviction for sentencing purposes. However, it may carry different implications in other areas, such as in a civil lawsuit related to the offense, where the court will not accept a no contest plea as evidence of fault or liability.

Is a No Contest Plea Allowed in DUI Cases?

Many states, but not all, permit a nolo contendere plea for DUI charges under certain circumstances. This no contest plea is often allowed in cases involving a first-time DUI or as part of a plea bargain. However, pleading no contest to DUI must have the judge's approval, and some states also require the prosecution's approval. 

If you are wondering if you can plead nolo contendere on a DUI in your state, consult a qualified DUI defense attorney. 

3 Reasons Someone Might Plead No Contest

Depending on the circumstances, a nolo plea can be a practical legal decision. Here are reasons why someone might choose nolo contendere to a DUI charge:

1. Avoids a public admission of guilt - can be advantageous if you expect civil lawsuits.
2. Take a plea deal without admitting fault - some defendants want the benefits of a negotiated sentence without formally admitting guilt.
3. Resolve the case quickly - a no contest plea often speeds up the criminal process and avoids a long, drawn-out trial.

What Happens After You Enter a Nolo Contendere Plea?

Once you enter a no contest plea, the court will proceed with sentencing, where you may face the same criminal and civil consequences as if you had pleaded guilty, including jail time if applicable. Additionally, you will be required to comply with all the terms of your sentencing or probation, which may include installing an ignition interlock device in your vehicle. 

3 Advantages of Pleading No Contest To DUI

While courts treat a no contest plea like a conviction, it can offer certain benefits depending on your goals and situation.

1. It Avoids a Stressful DUI Trial

Trials can be expensive, emotionally draining, and time-consuming. Pleading no contest to a DUI charge helps avoid a trial and the uncertainty that comes with it.

2. A Nolo Plea May Reduce Your DUI Sentence

Some prosecutors offer favorable sentencing terms in exchange for a quick resolution. Accepting a nolo plea can result in a lighter sentence.

3. Limited Exposure To Civil Liability

If your DUI charge involves property damage or injury, a guilty plea could be used against you in a related civil lawsuit. A nolo contendere plea may help avoid that legal risk.

If you’re already navigating plea discussions, DUI.org has resources to help you achieve the best outcome. Learn more about DUI plea bargains.

3 Potential Consequences of a Nolo Plea

While a no contest plea is a non-admission of guilt, it still carries significant consequences. Here is what to expect:

1. It's a DUI Conviction and Will Appear on Background Checks

Courts treat a nolo contendere for DUI the same as a guilty plea. As such, you will likely face the same penalties, including fines, license suspension, IID requirements, DUI education programs, and possibly jail time.

A common concern is, “Does nolo contendere go on your record?” and in most cases, the answer is yes, just as if you had pleaded guilty. A nolo plea conviction still appears on your criminal record in most states and may impact your access to employment, housing, and education. It generally has the same effect on your record as pleading guilty to a DUI. This means that a no contest plea becomes part of your criminal history and may be treated as a prior offense if authorities charge you with another DUI.

Want to know more? Learn how long a DUI stays on your record.

2. A Nolo Plea Can Affect Your Driving Privileges and Insurance

A DUI conviction, regardless of the plea, can trigger a license suspension, increased insurance premiums, and SR-22 filing requirements in some states.

Need help managing insurance or interlock requirements? Call a DUI.org specialist at (877) 246-7808 for assistance.

3. Pleading No Contest May Limit Appeal Options

A nolo plea generally limits your right to appeal. For example, by pleading no contest to a DUI charge, you waive your right to challenge things like improper procedure by law enforcement or the court. Therefore, work with your attorney to decide your plea with a thorough understanding of the legal implications.

Plead Guilty or No Contest to a DUI?

A nolo contendere DUI charge may offer certain advantages, but it is not always the best course of action. The right decision largely depends on your priorities. Consult your DUI attorney before making any decisions. 

• Consider pleading no contest if you wish to avoid increased exposure to civil liability, negotiate a plea bargain, or expedite the criminal process without pleading guilty. 
• Consider pleading guilty if you want to preserve your appellate rights (the right to appeal for a review, correction, or misinterpretation of the law).

Explore More DUI Resources

Still unsure about the implications of pleading to a DUI charge? Explore the DUI court process to understand what happens after a person pleads guilty or no contest. DUI.org provides tools and expert insights to help you handle a DUI charge and start rebuilding. 

Need help navigating the DUI process? DUI.org can help you understand your options and next steps after a DUI charge. Explore our DUI resources or call one of our specialists at (877) 246-7808.