Pleading no contest means you accept the penalty without admitting guilt
A no contest plea (also called nolo contendere) tells the court you will not fight the charge of driving with a suspended license. You do not say you did it, and you do not say you did not do it — you straightforward accept the sentence the judge imposes. The court treats a no contest plea the same way it treats a guilty plea for sentencing purposes, so the consequences are nearly identical.
The main difference between no contest and guilty is what happens if someone sues you later. A guilty plea can be used as evidence against you in a civil lawsuit. A no contest plea cannot. For a driving-with-suspended-license charge, this distinction rarely matters, because civil lawsuits over this offense are uncommon. What matters more is whether you understand what the judge will do next: impose a fine, possibly jail time, and a new suspension period on top of the one already in place.
Key Takeaways
- A no contest plea means you accept the court's sentence without admitting or denying you drove on a suspended license.
- The judge will impose a fine (amounts vary by state and prior record), and may add jail time ranging from a few days to months depending on how many times you have been convicted.
- Your license will be suspended for an additional period — typically six months to one year — starting after your current suspension ends.
- You will have a criminal record for this offense, which affects employment, housing, and insurance applications.
- Once you plead no contest, you cannot change your mind and go to trial, so understand the sentence range before you enter the plea.
What the judge will sentence you to
Sentencing for driving with a suspended license depends on your state and your driving history. A first offense typically carries a fine between $300 and $1,000, though some states go higher. If you have prior convictions for the same offense, the fine increases — a second or third offense may bring $500 to $2,500 or more. A few states also impose jail time: typically 5 to 30 days for a first offense, and up to 90 days or longer for repeat offenses.
The judge has discretion within these ranges. They may consider why your license was suspended in the first place (unpaid tickets, DUI, reckless driving, or failure to pay child support all carry different weight), whether you were involved in an accident, and whether you have other criminal history. Some judges are lenient on first offenders; others are not. Before you plead no contest, ask your public defender or attorney what sentence range is typical in your specific court, because that information is public record and your lawyer should know it.
Your license will be suspended again
When you plead no contest and are convicted, the court will impose a new suspension period on your license. This is separate from and in addition to the suspension that was already in place. The new suspension typically lasts six months to one year, though some states impose longer periods for repeat offenses.
The timing matters: your new suspension usually begins after your current suspension ends, not when ready. So if you were already suspended for six months and the judge adds another six months, you are looking at a year total before you can legally drive again. Some states allow you to request a hardship license (also called a restricted license) that lets you drive to work or school during the suspension, but you have to ask for it and meet specific conditions. Your attorney can tell you whether your state offers this option and whether you might may have access to.
A criminal record follows you
A conviction for driving with a suspended license is a criminal offense in most states, not just a traffic violation. That means it will appear on your criminal record, which employers, landlords, and insurance companies can see. Some employers have policies against hiring people with certain criminal records. Landlords may deny your process. Insurance companies will charge you higher premiums or may refuse to insure you at all.
The record does not disappear after a set time in most states. Some states allow you to petition for expungement (removal from your record) after a certain number of years have passed, but you have to request it — it does not happen automatically. Ask your attorney whether your state allows expungement and how long you have to wait before you can petition.
Why you might plead no contest instead of going to trial
Most people who plead no contest do so because the evidence against them is strong and they want to avoid the uncertainty of a trial. If a police officer pulled you over and ran your license, the state has clear proof you were driving. Going to trial means paying attorney fees, taking time off work, and risking a harsher sentence if the judge is unhappy that you wasted the court's time.
Sometimes a plea deal is offered: the prosecutor agrees to reduce the charge or recommend a lighter sentence in exchange for your no contest plea. This happens more often if you have a good attorney who negotiates on your behalf. If no deal is offered and you have a weak defense, pleading no contest and accepting the standard sentence may be the most practical choice. But you should never plead no contest without understanding exactly what sentence you are accepting.
What to do before you enter a no contest plea
If you have been charged with driving with a suspended license, you have the right to an attorney. If you cannot afford one, you can request a public defender at your first court appearance. Do not plead no contest at that first appearance — ask for time to speak with your attorney first.
Your attorney should tell you: the typical sentence range in your court, whether a plea deal is possible, what your defense options are (if any), and what happens if you go to trial instead. They should also explain the long-term consequences — the criminal record, the new suspension period, the effect on insurance and employment. Only after you understand all of this should you decide whether to plead no contest.
If you decide to plead no contest, the judge will ask you in court whether you understand what you are doing and whether anyone forced you to make this decision. Answer honestly. Once you enter the plea, you cannot change your mind and ask for a trial instead — the conviction is final.
Frequently Asked Questions
Can I plead no contest and still keep my license?
No. A conviction for driving with a suspended license always results in a new suspension period. The length varies by state and your record, but it is automatic. You may be able to request a hardship or restricted license that allows you to drive to work or school, but you have to ask the judge for it and meet specific conditions.
Is a no contest plea the same as a guilty plea?
For sentencing purposes, yes — the judge will impose the same penalty. The difference is that a guilty plea can be used against you in a civil lawsuit, while a no contest plea cannot. For this particular offense, that distinction rarely matters in practice.
What if I cannot afford an attorney?
You have the right to request a public defender at your first court appearance. Tell the judge you cannot afford to pay for an attorney, and the court will appoint one for you at no cost. Do not plead no contest until you have spoken with your public defender.
Will this conviction show up on background checks?
Yes. Driving with a suspended license is a criminal offense in most states, so it will appear on background checks that employers and landlords run. Some states allow you to petition for expungement (removal) after a certain number of years, but you have to request it yourself — it does not happen automatically.
What happens if I plead no contest and then change my mind?
Once you enter a no contest plea in court, you cannot change your mind and ask for a trial instead. The conviction is final. This is why it is critical to understand the sentence before you plead — talk to your attorney first and make sure you are making an informed decision.