If you're facing a DUI charge, the legal decisions you make can have significant and lasting consequences. One of the most common questions people ask is whether it's better to plead "nolo contendere" (commonly referred to as "nolo") or "not guilty." Understanding the implications of these pleas is critical in making an informed choice that aligns with your circumstances.

What Does Pleading Nolo to a DUI Mean?

Pleading nolo contendere means that you neither admit nor dispute the charge against you. While it may sound like a middle ground between guilty and not guilty, in practice, it functions much like a guilty plea in most respects. Here's what you need to know:

• Treated as convictions: Entering a nolo plea does not change the fact that you are convicted of the DUI. Penalties like fines, license suspension, and jail time remain the same as if you pleaded guilty.

• Judicial discretion: Judges can accept or reject a nolo plea, and in most DUI cases, judges refuse to accept them. This makes it a rarely viable option.

• Civil liability protection: A nolo plea cannot be used as evidence in civil lawsuits. If another party sues you for damages related to the DUI, a nolo plea offers some protection compared to a guilty plea.

Pleading Not Guilty to a DUI: What to Expect

When you plead not guilty, you are contesting the charges and requiring the prosecution to prove their case against you. Here's what happens next:

• Evidence review: Pleading not guilty gives you time to work with a defense attorney to review evidence such as police reports and breathalyzer results.

• Case outcomes: Charges may be reduced or dismissed if evidence is insufficient or procedural errors occurred.

• Right to trial: You maintain the option to take your case to trial, which could lead to an acquittal if the prosecution cannot meet its burden of proof.

Why Nolo Pleas Are Rarely Accepted in DUI Cases

Judges are generally reluctant to accept nolo pleas in DUI cases because DUI laws prioritize public safety and accountability. As a result, most DUI cases result in guilty pleas or proceed to trial. Nolo pleas are seen as an option in theory but are rarely allowed in practice.

Key Considerations Before Deciding Your Plea

• Impact on your record: Both nolo and guilty pleas result in a conviction, affecting your criminal record and penalties like fines and probation.

• Future civil lawsuits: A nolo plea can shield you from civil liability, but this protection is rarely a deciding factor due to the low acceptance rate of nolo pleas.

• Legal advice: Consulting a DUI attorney is crucial. They can evaluate the prosecution's case and help you determine the best plea based on your situation.

Final Thoughts

Deciding whether to plead nolo or not guilty to a DUI charge is a serious decision that depends on your specific circumstances and goals. While a nolo plea might seem like a way to avoid the full weight of a DUI conviction, it offers limited practical benefits and is rarely accepted in DUI cases. Pleading not guilty, on the other hand, allows you to challenge the charges and explore potential defenses.

If you're facing a DUI charge, seek legal advice to understand your options fully and to ensure you make the best possible decision for your situation. Contact Brett Willis Law today.