Reader’s Question:

My brother was arrested for DUI in Augusta-Richmond County, Georgia and I think they are negotiating the charge. Is it possible for him to plead no contest on his DUI charge?

Serena
Augusta-Richmond County, GA

In a criminal trial, a no contest plea means that the person accused of the charge is not admitting or disputing the charge or charges against him. This serves as an alternative to a guilty or not guilty plea. For all criminal cases that arise on or after July 1, 1997, a no contest or nolo contendere plea is of little or no use. In terms of DUI cases made on or after July 1, 1997, the main benefit of a no contest plea would be to limit use of the plea in a civil suit (like if an accident had occurred). Moreover, after July 1, 1997, no one under the age of 21 can use the “nolo” plea and any person whose case was made before July 1, 1997 and whose blood alcohol level was 0.15 or more is ineligible to use a “nolo” plea.

It is still possible for your brother to plead no contest on his DUI charge in Augusta-Richmond County, Georgia but take note that most judges would not accept a “nolo” plea for any case in which the driver refused to take a blood alcohol test. Also, the judge doesn’t have to accept a nolo plea, but if the judge accepts it, the defendant would have stiff fines, perform community service and serve some jail time just as if entering a guilty plea.

Tags: blood alcohol test, DUI, DUI lawyer