What Does Pleading Nolo Mean?
By: William C. Head, book author on Georgia DUI laws, and Larry Kohn, AVVO superstar with over 430 DUI lawyer ratings
Pleading nolo contendere means "I do not wish to contest." A defendant who uses this plea neither admits guilt nor claims innocence. He or she simply accepts whatever sentence the court hands down.
The message to the judge is short: "I will not fight this charge, but I am not saying I did it." The case ends without a formal admission of guilt, yet it still ends in a conviction, and the judge sentences you exactly the way he or she would after a guilty plea.
So what does a nolo plea mean for your record? Less than most people hope. The Department of Driver Services posts the result to your Motor Vehicle Report, and the charge stays on your criminal history. Pleading nolo is also a request rather than a right: the judge does not have to say yes, and prosecutors frequently argue against it.
How a Nolo Plea Works in Georgia Court
Knowing the definition is only the first step. It also helps to know how the plea moves through a Georgia courtroom.
Step One: Ask the Court
Your lawyer raises the request with the court. On an ordinary traffic or misdemeanor case, that ask is usually made out loud at the plea hearing. A drunk driving case is different. Georgia’s DUI no contest rule requires a verified petition that lays out the facts and the special circumstances behind the request, and the judge must first review your driving record from the Department of Driver Services. The judge then walks you through a plea colloquy. That is a set of questions confirming you understand the rights you are giving up.
Step Two: The Judge Decides, and Can Say No
Under Georgia’s no contest plea statute, a defendant may enter this plea in any criminal case except a capital felony, but only with the consent and approval of the judge. No judge has to grant the request, and judges in metro Atlanta traffic courts vary widely. Some accept the plea routinely on a first-offense misdemeanor, while others refuse it, especially when the prosecutor objects or the facts of the case are bad.
Step Three: Sentencing Proceeds as if Guilty
If the judge accepts the plea, sentencing runs exactly as it would after a guilty plea. The court can order fines, probation, community service, DUI school, or jail. On a drunk driving charge the statute leaves no wiggle room at all: the same penalties that follow a conviction must still be imposed. The result goes to the Department of Driver Services and shows up on your driving record.
Step Four: Drunk Driving Cases Carry Extra Limits
Georgia puts three hard limits on a no contest plea to a DUI charge. The judge cannot accept one at all if your alcohol concentration was more than 0.15 within three hours of driving. The judge cannot accept one from any driver under 21. And the plea does not wipe your slate clean. A nolo plea already on your record counts the same as a conviction when the state measures the five-year window that sets your license suspension length on the next case. That is why lawyers describe the DUI nolo plea as something you can use once every five years. See our related guide: What Breathalyzer Do Police Use in Georgia?.
Nolo pleas turn up most often on misdemeanor traffic and drunk driving matters, although nothing in the statute limits them to misdemeanors. In practice, prosecutors fight them hard on serious charges and judges rarely allow them there. Even on a routine citation, the judge may say no based on your driving history or the facts of the stop.
Pleading No Contest vs. Guilty vs. an Alford Plea
A nolo plea, a guilty plea, and an Alford plea all end a case. They do not end it the same way. The differences matter most when a civil lawsuit or an insurance claim is waiting behind the criminal charge.
Nolo Plea
A nolo plea says, "I do not contest this charge." You admit nothing, yet the court still enters a conviction and still sentences you. Because you never admitted anything, Georgia law says the plea may not be used against you in another court or proceeding as an admission of guilt, and that protection is the real reason lawyers ask for it. Say a drunk driving case involves a wreck and the other driver sues: a guilty plea would hand that driver proof of fault, while a nolo plea does not.
Guilty Plea
A guilty plea is a full admission. You state on the record that you did it. That statement can then be used as evidence in any civil case growing out of the same incident.
Alford Plea
An Alford plea comes from North Carolina v. Alford, a 1970 United States Supreme Court decision. The defendant keeps saying "I did not do it" while admitting the state's evidence would probably convince a jury. The court accepts it as a guilty plea for sentencing and for your record. Because it is a guilty plea, it does not carry the protection a nolo plea gets in later civil litigation.
Key Differences at a Glance
| Dimension | Guilty Plea | Nolo Plea | Alford Plea |
|---|---|---|---|
| Admission of guilt | Yes, full admission | No, neither admits nor denies | No, maintains innocence but accepts likely conviction |
| Impact on criminal record | Conviction recorded | Conviction recorded | Conviction recorded |
| Impact on driving record / DDS reporting | Reported to DDS; points assessed | Reported to DDS; on a non-DUI charge the first nolo plea in five years is not counted for points | Reported to DDS; treated as a guilty plea |
| Usability in civil lawsuits | Can be used as admission of liability | Generally cannot be used as admission of liability | Can be used as admission of liability |
The civil shield is what makes a nolo plea worth asking for after a drunk driving crash. If the driver pleads guilty, the injured party's lawyer can put that plea in front of a jury as proof of fault. A nolo plea takes that shortcut away and forces the other side to prove its case on its own.
Does Pleading Nolo Affect Insurance in Georgia?
Yes, a nolo plea can still raise your car insurance rates in Georgia. The conviction goes to the Department of Driver Services and lands on your Motor Vehicle Report. Insurers price your policy off that report, not off your criminal history. So a plea that keeps points off your license can still cost you at renewal.
On a drunk driving charge the plea buys nothing at all with your carrier. Insurers treat an accepted nolo plea as a DUI because Georgia law treats it as one, so expect the same surcharge you would face after a guilty plea. The license suspension does not go away either. A first drunk driving conviction suspends your license for twelve months, and you can apply for early reinstatement after 120 days once you finish a risk reduction program and pay the restoration fee.
The real insurance benefit shows up on lesser traffic offenses. Under Georgia's license point system, the first accepted nolo plea is not counted as a conviction, so no points are assessed. A second or later nolo plea within five years is counted, and the points land. Keeping points off your record may hold your rate down on a charge like speeding or following too closely. Even then, the conviction itself still appears on your Motor Vehicle Report, and plenty of insurers raise rates on convictions no matter what the point total says. Handling a Georgia traffic citation the right way matters for the same reason.
Talk the insurance question through with your lawyer and your insurance agent before you decide. Nobody at the courthouse is looking at your renewal notice.
Nolo Pleas for Drivers Under 21 in Georgia
Georgia flatly bars a no contest plea for a drunk driving defendant under 21. The state DUI statute says no such plea may be accepted for any person under the age of 21 charged under that section.
Lawmakers wrote that rule as part of Georgia's zero-tolerance approach to underage drinking and driving. A young driver charged with DUI has three paths: plead guilty, go to trial, or negotiate the charge down to something that is not a DUI, such as reckless driving. There is no middle road through a nolo plea.
The ban itself covers only DUI charges. A driver under 21 can still enter a nolo plea on another misdemeanor traffic charge, but it usually will not help much. For young drivers, a separate suspension rule counts an accepted nolo plea as a conviction, and the license is suspended by operation of law for hit and run, racing, fleeing an officer, reckless driving, drunk driving, or any offense worth four or more points.
Other Possible Consequences With a Nolo Plea
Insurance and the five-year clock are not the whole list. Three other consequences catch people off guard.
CDL Holders Face Federal Consequences
Commercial drivers get no relief from a nolo plea. Federal commercial driving rules define a conviction to include a no contest plea the court accepts. Driving under the influence is a major offense under those rules, not one of the lesser "serious traffic violations," and a single conviction disqualifies a commercial driver for one year, even when the arrest happened in a personal car. A second major offense means a lifetime disqualification. States are also barred from masking a commercial driver's conviction, so the plea cannot be kept off the national driving record.
Professional Licensing Boards
Georgia licensing boards can act on a nolo plea. The state licensing statute lets a board refuse, revoke, or discipline a license when a person was arrested, charged, and sentenced for a felony or a crime of moral turpitude on a plea of no contest. Nurses, real estate agents, and teachers all answer to boards like these, and license applications ask about no contest pleas by name, so a nolo plea is something you disclose rather than something you hide.
Immigration Consequences
Federal immigration law defines a conviction to include a no contest plea followed by any punishment or restraint on your liberty. A non-citizen should talk to a criminal defense attorney and an immigration lawyer before entering any plea, nolo included. Even a misdemeanor drunk driving charge can carry immigration risk.
A nolo plea is a real tool in the right case. It is not a free pass, and it is not a way to make a charge disappear.
Talk to a Georgia DUI Attorney About Your Nolo Plea Options
Whether to ask for a nolo plea depends on the facts of your case, your driving history, your license status, and what the plea does to your insurance and your job. That is a call to make with a lawyer, not alone at the podium.
Kohn & Yager LLC can look at whether a nolo plea, a reduced charge, or a trial gives you the better path. We handle drunk driving cases across metro Atlanta. Our service areas include Fulton, Cobb, DeKalb, and Gwinnett counties.
Schedule a free consultation with our firm by calling 404-567-5515; we return calls on weekends and holidays. You can also reach us through our online contact form. Every case is different, and results depend on the facts.
Frequently Asked Questions
What Does Pleading Nolo Mean in Georgia?
Pleading nolo contendere means you do not contest the charge. You do not admit guilt, but you accept the court's sentence as though you had pled guilty. The court enters a conviction and reports it to the Georgia Department of Driver Services.
What Does a Nolo Plea Mean for My Driving Record?
It still counts against you. The court reports the case to the Department of Driver Services, and the conviction appears on your Motor Vehicle Report. On a non-DUI traffic charge, the first nolo plea you use in a five-year period is not counted for license points. On a drunk driving charge it counts as a conviction.
Is a Nolo Contendere Plea the Same as Pleading Guilty?
A guilty plea is a formal admission that you committed the offense. A nolo plea ends the case without that admission. The practical difference is that a nolo plea generally cannot be used against you as an admission of fault in a related civil lawsuit. A guilty plea can.
Does Pleading Nolo Affect My Car Insurance Rates?
It can. The conviction still appears on your Motor Vehicle Report, and insurers price your policy off that report. On a drunk driving charge, insurers treat a nolo plea the same as a guilty plea, because Georgia law does. On lesser traffic offenses, the first nolo plea in five years keeps points off your license, which may limit the increase.
How Often Can I Use a Nolo Plea in Georgia?
Once every five years is the practical answer. For license points, a second or later nolo plea within five years is counted as a conviction and the points are assessed. On a drunk driving charge, an earlier nolo plea counts the same as a prior conviction when the state measures the five-year window. No nolo plea can be accepted at all if your alcohol concentration was above 0.15.
Can Someone Under 21 Plead Nolo Contendere to a DUI in Georgia?
No. Georgia's drunk driving statute bars any nolo plea for a person under the age of 21 charged with DUI. An under-21 defendant must plead guilty, go to trial, or negotiate a reduction to a different charge.
Call Our DUI Attorneys Near Me at Our Four Metro Atlanta Locations
DOWNTOWN ATLANTA, GA
235 Peachtree Street NE Suite 400
Atlanta, GA 30303
ALPHARETTA-ROSWELL-MILTON (North Fulton County, GA)
1001 Cambridge Square Suite D
Alpharetta, GA 30009
MARIETTA, COBB COUNTY
55 Atlanta Street Suite 400
Marietta, GA 30060
SANDY SPRINGS (Main Office)
5590 Roswell Road Suite 200
Sandy Springs, GA 30342
Disclaimer and Privacy Policy
This website provides legal information. It does not provide legal advice from a Georgia lawyer. This includes videos, images, social media content, and blog posts on this site.
This page helps you find legal information. It explains the basics of criminal offenses and court cases in Georgia. You can then search for attorneys in your area for representation.
An attorney-client relationship does not exist until a written fee agreement is signed. You should consult an attorney for legal advice about your situation. An experienced lawyer in your community can provide targeted help for your case.
Our Georgia attorneys offer in-person interviews, cell phone video conferences, and remote computer interviews. We welcome email, chat, phone calls, letters, and electronic messages.
Our law office maintains a strict privacy policy. If you do not retain one of our Georgia attorneys, our staff will shred your paperwork.
Contacting us through any method does not create an attorney-client relationship. A written fee agreement must be signed before you hire one of our legal professionals.
Do not send confidential information through this website until an attorney-client relationship is established. All terms and conditions of the retainer agreement must be agreed upon first.
Clients may request a payment plan for legal fees.
Copyright 2026, by William C. Head. All rights reserved.