Las Vegas DUI Lawyer
This page will explain the various Nevada DUI penalties surrounding a conviction, in a DUI case. This assumes that you have been charged with DUI; have gone through the trial; and have already been convicted of a first, second or third, or more, DUI offense. Your Nevada DUI attorney will of course discuss these with you. They are entered here simply for your own reference. These penalties, in the DUI case, will be decided by the judge, even in a jury trial, called sentencing.
Use this page at your leisure.
Nevada DUI Penalties
- A DUI by itself is normally a misdemeanor. When other factors are involved, a DUI can be elevated to a felony charge.
- There can be two separate charges brought against you when you are stopped for a DUI: operating a motor vehicle under the influence of alcohol and/or drugs to a degree that renders one unable to safely drive a vehicle; or having a blood alcohol concentration (BAC) of 0.08% or higher (also known as the illegal per se law, or simply per se). [ You may want to bring up an constitutional challenges to this law with your nevada dui attorney. That of course would mean a much longer case and could require trial. If so, make sure you have the best DUI specialist with a lot of trial experience. ]
- The existence of designated levels of certain drugs in the blood while driving also constitutes a per se offense.
- A DUI or excessive BAC level that involves an accident causing death or substantial bodily injury to another is also a felony, punishable by 2 to 20 years incarceration in state prison.
[A body of different organizations keep tabs on DUI / DWI cases. Some prosecutors receive threatening phone calls, from MAAD for instance, if they hear the D.A. has reduced a charge of DUI. Other prosecutors have to go before a city council and answer why they reduced a charge. This single offense is the only criminal offense that has this type of scrutiny and backlash.]
Nevada DUI First Offense
On a dui first offense, the consequences of a conviction of a DUI or a conviction of driving with an excessive BAC level can include, but is not limited to:
- a Minimum of 2 days to a maximum of 6 months in jail, or with court approval at least 96 hours of community service.
- a fine or fee of approximately $400 to $1200, plus additional fees and assessments.
- a completion of an approved 8-hour DUI school or substance abuse program. This can be done online.
- mandatory attendance at a drunk driving “Victim's Impact Panel”.
- possibly requiring installation of "ignition interlock device" (IID) for 3 to 6 months.
- if the blood-alcohol level is .18% or higher, submission to alcohol abuse assessment.
- a suspension of your driver's license for 90 days (reinstatement requires payment of fees, passing tests and submission of an SR-22 proof of insurance form). It is, however, possible to request a restricted license permitting driving to and from work or in the course of employment once the first 45 days of the suspension has passed.
Nevada DUI Second Offense
On a dui second offense, arrest and conviction, which occurs within seven years of the dui first offense conviction includes the following:
- minimum jail time of 10 days to a maximum of 6 months
- fines or fees of approximately $600 - $1200, plus additional fees and assessments.
- drivers license suspension of 1 year. Reinstatement of the license requires the payment of fees and filing an "SR22" form showing proof of insurance.
- if the BAC is above .18, the Court will require an Alcohol/Drug assessment to be done before Sentencing, which could result in an additional 6 months of counseling.
Nevada DUI Third Offense
On a dui third offense arrest and conviction which occurs within seven years of the dui first offense, conviction is elevated to a felony charge and conviction, and includes the following:
- a state prison sentence from 1 to 6 years.
- fines or fees from approximately $2,000 to $5,000, plus additional fees and assessments.
- a drivers license revocation for 3 - 5 years. Reinstatement of the license requires the payment of fines or fees and filing an "SR22" form showing proof of insurance.
We highly recommend you speak with a Nevada DUI attorney to discuss these penalties. They could have a major impact not only on your freedom, but also have a major impact you for employment, car insurance and property.
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