A nolo contendere plea, also called no contest, is not an admission of guilt. In a Florida DUI case, though, it still results in a DUI conviction, carrying the same penalties and the same permanent record as a conviction after a guilty plea.
Where a no contest plea fits among the plea options
At arraignment, the first formal court date, the charge is read and a plea is entered. A plea of not guilty keeps the case moving toward discovery, motions and possibly trial. In many misdemeanor cases, a lawyer can file that plea in writing so the client does not need to attend.
Later, a person may decide to resolve the charge with a plea of guilty or a plea of nolo contendere. The Latin phrase roughly means 'I do not wish to contend', and in everyday court language it is called a no contest plea.
What 'not an admission of guilt' does and does not mean
A no contest plea is common in Florida. The person does not admit guilt but does not contest the charge either, and the court proceeds to judgment. The difference from a guilty plea is mostly about what the person is saying in the courtroom.
For a DUI, the practical result is a conviction, because that is what it is. Courts cannot withhold adjudication on a DUI, so the outcome available for some other charges is not available here. The conviction stays on the Florida driving record for 75 years and cannot be sealed or expunged.
Penalties that follow a no contest plea to DUI
A no contest plea to DUI carries the penalties of a DUI conviction. For a first DUI with a BAC under 0.15 and no minor in the vehicle, those include a fine of $500 to $1,000, up to 6 months in jail, probation, 50 hours of community service, DUI school, a 10 day vehicle impoundment and a license revocation of 180 days to 1 year.
The conviction also triggers Florida's FR-44 insurance requirement, which carries higher liability limits than standard coverage. Choosing no contest over guilty does not change any of these.
When the no contest plea is to a different charge
Sometimes a no contest plea is entered to a charge other than DUI. Depending on the evidence, a DUI may in some cases be resolved as a lesser charge such as reckless driving, although this is never automatic. In that situation, the consequences follow the charge actually pleaded to, which is why the exact wording of any plea matters.
Before entering any plea, it helps to know exactly what the conviction will be for, what sentence terms have been agreed, and how the outcome may affect the license, a job or a professional license. Noncitizens have an additional reason for care and should get advice from an immigration attorney before any plea. DUI Lawyers Shield Firm offers a free case review that can include a plain explanation of what each plea option would mean on the record.
Keep reading
- How a Motion to Suppress Works in a Florida DUI Case
- Are DUI Diversion Programs Available in Florida?
- How a Florida DUI Affects Your Professional License
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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