Consequences of No Contest Plea in DUI/DWI cases

Consequences of No Contest Plea in DUI/DWI cases

Pleading no contest or nolo contendere means you admit no guilt for the crime, but merely signify your consent to being punished as if you were guilty. There is no trial, and sentencing is often made immediately. Most states recognize the plea as tantamount to a conviction, but because it is an implied confession of guilt only, it cannot be used against a defendant as an admission in any civil suit for the same act. Before accepting a plea of guilty or no contest, a court must advise the defendant that if the plea is accepted, there will be no trial. Also, the court must determine that the plea is voluntary and that there is support for the offense that is charged.

In the context of a drunk driving DUI (driving while intoxicated) or DWI (driving while under the influence) offense, such a plea is usually discretionary with the judge. There are certain circumstances where the plea is unavailable. For instance, the plea is unavailable where the offender refuses to submit to a chemical sobriety test at the time of arrest, where the offender had a prior guilty plea or verdict or a prior no contest plea to DUI/DWI during a "look-back" period, or where the offender had an excessive blood alcohol test or a bad driving history. A number of jurisdictions simply prohibit the use of a no contest plea in all circumstances.

If a court is authorized to accept a no contest plea, the offender may receive favorable benefits of retention of driving privileges, provided the offender attends driving school and possibly, community service work. Despite the somewhat "favorable" treatment one may receive by the judiciary, a no contest plea will not lift the administrative suspension of the license by the state's driving agency.

For a non-resident licensed in another state, a no contest plea will not necessarily "save" the non-resident offender's license. The home state will routinely suspend or revoke the offender's license in his or her home state upon notification of the plea pursuant to the terms of the Driver's License Compact. In addition, the plea will be entered in the National Driver Register (NDR), a computerized database of information about drivers who have had their licenses revoked or suspended, or who have been convicted of serious traffic violations such as driving while impaired by alcohol or drugs. State motor vehicle agencies provide NDR with the names of individuals who have lost their privilege or who have been convicted of a serious traffic violation. When a person applies for a driver's license the state checks to see if the name is on the NDR file. If a person has been reported to the NDR as a problem driver, the license may be denied.