Third DUI Offense in Nevada: Explained

1. Nevada Laws: THIRD DUI OFFENSE EXPLAINED

2. In the state of Nevada, committing a third DUI offense within a seven-year period from the previous two offenses is categorized as a class B felony—even if there were no injuries involved in the charge. The penalties for a third offense are severe; extended jail terms and higher fines are expected. Getting someone injured on a third DUI merits an even tougher punishment for the offender. These situations call for the expert help of an experienced drunk driving attorney, who will ensure that the accused is represented properly in court, and that the client will either receive a commuted punishment, or have the case overturned completely.

3. DUI explained • The State of Nevada defines driving under the influence as • The state of driving a vehicle while intoxicated with alcohol or drugs; • The state of driving a vehicle when the driver’s blood alcohol content (BAC) is at 0.08 or higher; or • The state of driving a vehicle even when the driver has taken an amount that surpasses the legal amount of prescription and narcotic drugs • Drivers can still be charged with a DUI even if they were driving within speed limits and following road safety rules. It is, after all, illegal to drive any motor vehicle while their blood alcohol/drug content is beyond prescribed limits. Once arrested, offending drivers can post bail amounting $5,000.

4. Penalties for Third DUI offense • Administrative Penalties • Three-year suspension of driver’s license, with possible eligibility for a restricted license • Suspension of motor vehicle registration • Victim impact panel attendance • SR22 Nevada insurance requirement • Installation of an ignition interlock device in the offender’s motor vehicle for a period between 12 and 36 months • $35 civil penalty • Nevada Health Department-approved rehabilitation program up to a period of three years • Criminal Penalties • No less than one (1) year to no more than six (6) years in the Nevada State Prison • No less than $2,000 to no more than $5,000 in fines

5. Nevada Felony DUI Court In addition to the aforementioned penalties, the State may require the offender to regularly attend a felony DUI court for up to five years. During this time, the offending driver must undertake rigorous counseling and appear in court at pre-determined times to report on his or her rehabilitation progress. Failing to attend a counseling session or court date can result to additional penalties or another outright felony conviction for the offender.

6. Defenses against Third DUI Charge • DUI defense lawyers make it a point to fully investigate the charges and circumstances of their client’s arrest to spot an inconsistency that can weaken the case against their client. In many cases, defense attorneys will call upon the following: • The arresting officer had no probable cause to pull the defendant over • The previous DUI cases were invalid • The previous Dui convictions were outside the 7-year time frame prescribed by law • The blood and/or breath tests were conducted improperly • The technicians who conducted the blood test lacked proper certification • The defendant has a medical condition that caused the BAC to come out higher than it really was

7. Plea Options As stated in Nevada law, the accused has the right to enter any one of three pleas: guilty, not guilty, or no contest. Entering a guilty plea means the accused accepts all the penalties that he or she will receive as part of his third DUI. Entering a not guilty plea means that the case may go to trial after several pre-conference hearings. Entering a no-contest plea means the accused accepts all penalties, but he or she is not admitting to committing the offense. How the trial proceeds depends on which plea the offending driver chooses.