When facing a DUI—or OVI as it’s called in Ohio—you’re likely aware of two common plea options: guilty and not guilty. But there’s a third option that may be in your best interest: a no contest plea.
A no contest plea means you do not admit guilt but accept that the prosecution has enough evidence to convict you. While this results in a conviction, it has unique strategic benefits, especially in DUI cases involving accidents or potential civil liability.
If you’re charged with an OVI in Cincinnati or Hamilton County, call Luftman, Heck & Associates at (513) 338-1890 or request a free consultation online to learn your options.
What Does a No Contest Plea Mean in Ohio?
A no contest plea (also called “nolo contendere”) means you agree not to dispute the charges but also don’t admit guilt. The judge can proceed with sentencing based on the available evidence, and you will be treated as if you had pled guilty.
According to Ohio Revised Code § 2937.07, no contest pleas can be used in traffic and misdemeanor cases, including first-time OVI offenses.
Why Plead No Contest in a DUI Case?
In most DUI cases, the consequences of a no contest plea in an OVI are the same as pleading guilty. However, there are circumstances where a no contest plea provides strategic advantages:
- Limits Civil Liability: A guilty plea can be used against you in a personal injury lawsuit. A no contest plea cannot.
- Used in Plea Deals: Prosecutors may offer reduced sentencing in exchange for a no contest plea to avoid trial.
- Avoids Public Admission of Guilt: You don’t publicly admit guilt, which may help professionally or personally.
How No Contest Pleas Work in Ohio DUI Cases
Most no contest pleas are entered as part of a negotiated agreement with the prosecutor, especially in cases where:
- You failed a breath, blood, or urine test
- The evidence against you is strong
- You were involved in an accident
Under Ohio law, a first-time OVI conviction can carry the following penalties:
- Jail Time: 3 days to 6 months
- Fines: $375 to $1,075
- License Suspension: 1 to 3 years
- Mandatory Driving Classes or Treatment
A no contest plea may help you secure the minimum sentence possible, especially when accompanied by a well-prepared legal strategy.
No Contest vs. Guilty Plea in DUI Cases
| Plea Type | Admits Guilt? | Usable in Civil Court? | Results in Conviction? |
|---|---|---|---|
| No Contest | No | No | Yes |
| Guilty | Yes | Yes | Yes |
Important: Both pleas result in a criminal conviction. The difference is whether your plea can later be used against you in related civil proceedings (like a lawsuit from a car crash).
Should You Plead No Contest at Arraignment?
No. Never plead no contest without first speaking to a DUI defense lawyer. Judges may impose the maximum penalty if the plea is not part of a well-negotiated agreement. Entering a no contest plea without counsel can seriously hurt your case.
Frequently Asked Questions
What is the benefit of pleading no contest in a DUI case?
It protects you from having your plea used against you in a civil lawsuit while still resolving the criminal charge through sentencing.
Will I still be convicted if I plead no contest?
Yes. A no contest plea still results in a DUI/OVI conviction and associated penalties in criminal court.
Can I expunge a DUI conviction from a no contest plea in Ohio?
No. DUI/OVI convictions in Ohio are not eligible for expungement or sealing—even with a no contest plea.
Is a no contest plea a good idea for a first DUI offense?
It can be—especially if civil liability is a concern or the prosecution’s case is strong. But this decision should always be made with legal counsel.
Can I change my plea later?
Possibly. You may file a motion to withdraw a plea before sentencing, but it’s up to the judge’s discretion. This is why getting legal guidance first is critical.
Before you Accept a Ple, Speak to a Cincinnati DUI Lawyer
If you have been arrested for an OVI in Cincinnati, call us at Luftman, Heck, and Associates at (513) 338-1890 right away for a free consultation on your case. Out Cincinnati DUI lawyers will discuss your options with you and help you decide on the best course of action to get your case the best possible outcome.
