Pleading Nolo to DWI Charge
In a driving while intoxicated (DWI) case, there are three types of pleas you may enter during arraignment: guilty, not guilty, or nolo contendere. Nolo contendere, often referred to as nolo or no contest, is a Latin term that means “I do not wish to contend.”Over 90 percent of all defendants in criminal cases plead guilty or nolo contendere to the charges against them. If you are facing a DWI charge, it is important to speak with an experienced DWI defense attorney to determine which plea you should enter at arraignment.
Pleading nolo to a DWI charge means that you neither accept nor deny responsibility for the drunk-driving charges against you. In most cases, pleading nolo will result in criminal penalties similar to those you would receive if you plead guilty. These penalties include jail time, probation, alcohol education classes, community services, loss of driving privileges, and fines.
The court must approve a no contest plea. During arraignment, the judge will speak with the defendant to determine if the nolo plea is voluntary. The judge will then explain the minimum and maximum penalties the defendant may face by pleading no contest.
An advantage of pleading nolo is that you are not admitting to any wrongdoing that can be used against you in a civil case. For example, if you were involved in an accident before your DWI arrest and plead no contest, your plea cannot be used against you if the victim sues you in civil court.
In some cases, a defendant may plead nolo if there is no way to win the DWI case. This spares the defendant from admitting guilt and may save him or her time and money from going to court to fight the charges.
However, there are also disadvantages to pleading nolo, as pleading no contest often results in a guilty verdict. It is also more difficult to appeal the case if the defendant pleads nolo rather than going through a jury trial.
To discuss whether pleading nolo to a DWI charge is the right decision for you, contact a DWI defense attorney in your area today.
