No Contest, Still Counted: Pleading Nolo Contendere to a Georgia DUI and the Once in Five Years Rule

Plenty of people arrested for DUI in Cobb County have heard someone mention “pleading no contest.” It sounds like a loophole. In Georgia, it is something narrower than that. A nolo contendere plea to DUI is possible, but it is rationed, it rests entirely with the judge, and it does not erase the case from Georgia’s long memory of DUI offenses.

What a Nolo Plea Actually Is

Nolo contendere is Latin for “I do not wish to contend.” The defendant does not admit guilt, but does not fight the charge either. Under O.C.G.A. § 17-7-95, a defendant may enter this plea only with the judge’s approval, and unless another law provides otherwise, the plea generally cannot be used against the defendant in another proceeding as an admission of guilt. If a DUI arrest followed a collision and a civil lawsuit is possible, that can carry real weight.

How Georgia Restricts Nolo Pleas in DUI Cases

DUI cases come with extra rules. Under O.C.G.A. § 40-6-391.1:

• Acceptance is at the judge’s sole discretion, and the standard DUI penalties still apply.
• No nolo plea may be accepted if the driver’s alcohol concentration was more than 0.15 within three hours after driving.
• Where the driver has no DUI conviction or accepted nolo plea in the previous five years and the plea will be used under O.C.G.A. § 40-5-63(a)(1), the judge may not accept it unless, at a minimum, the defendant has filed a verified petition explaining the special circumstances that make accepting the plea in the best interest of justice, and the judge has reviewed the defendant’s driving record on file with the Department of Driver Services.
• The judge must record the reasons for accepting the plea under seal.

On top of that, O.C.G.A. § 40-6-391(k)(3) bars nolo pleas entirely for anyone under 21 charged with DUI.

Where the “Once in Five Years” Idea Comes From

The petition process is written for drivers with a clean DUI history over the preceding five years. That is why the DUI nolo plea is commonly described as a once in five years opportunity. Someone who already had a nolo plea accepted on a DUI within that window should not expect a second one.

No Contest Does Not Mean No Record

Under O.C.G.A. § 40-6-391(c)(6), a nolo plea to DUI counts as a conviction for sentencing purposes. Georgia’s penalty tiers look back ten years, measured from arrest date to arrest date, and accepted nolo pleas are included. A nolo plea today could make a future arrest a second offense, which carries at least 72 hours in custody. The plea also does not shrink the current sentence. Fines, community service, a risk reduction program, and probation still apply.

Is It Worth Pursuing?

Sometimes. A nolo petition tends to make the most sense when civil exposure is a real concern, the driver’s record is clean, and the facts give the judge a reason to say yes. In other cases, challenging the evidence or negotiating a reduction to a lesser offense may be the better path.

Getting a Straight Answer About Your Options

Whether a nolo plea is a smart move, a long shot, or the wrong tool entirely depends on details that only surface once someone reviews the file. Our Cobb County DUI attorneys at the office of Andrew L. Schwartz, P.C. can look at the arrest, your driving history, and the court handling your case, then tell you plainly where a nolo petition fits. Call us at (678) 853-2500 to set up a time to talk.