Felony DUI in Nevada: Understanding the Law, Penalties, and Defenses

Driving under the influence (DUI) is a serious offense that can have lasting consequences. The penalties escalate significantly when the DUI is categorized as a felony.

In Nevada, a DUI can result in either a misdemeanor or felony charge, depending on various factors. Misdemeanor charges carry less severe penalties and consequences than felony charges.

Here, we aim to provide an in-depth understanding of what constitutes a felony DUI in Nevada, the penalties it carries, common defenses, and the importance of legal representation in such cases.

If you are facing DUI charges, it is crucial to understand the gravity of the situation and seek legal help immediately to mitigate the repercussions.

Ticket Busters, a reputable law firm in Nevada specializing in DUI cases, has served countless clients and helped them navigate through the complex legal system. Our team of experienced lawyers is well-versed in defending felony DUI charges and will work tirelessly to protect your rights. Contact our team today!

Felony DUI in Nevada: Definition and Distinction from Misdemeanor DUI

In Nevada, a DUI is typically charged as a misdemeanor for first and second offenses within seven years, provided they don’t result in substantial bodily harm or death.

For example, you’ve had a few drinks at a friend’s party and decide to drive home. If you’re pulled over, fail the sobriety tests, and your blood alcohol level (BAC) is above the legal limit of 0.08%, you’ll likely face misdemeanor DUI charges. No one was hurt. There were no injuries nor any damage to property.

However, if this is your third or subsequent offense within seven years, or if there are aggravating factors, you will face felony DUI charges. Felony DUIs are more severe and carry harsher penalties than misdemeanor DUIs.

When is a DUI Considered a Felony in Nevada?

A DUI offense becomes a felony in Nevada under three primary circumstances:

Third DUI Offense

If you are convicted of DUI for the third time within a seven-year period, it is charged as a felony. The seven-year period is calculated from the date of the first offense to the date of the last offense.

Prior Felony DUI Conviction

If you have been previously convicted of a felony DUI, any subsequent DUI offense, regardless of when it occurs and no matter the circumstances, will be charged as a felony.

DUI Resulting in Injury or Death

If a DUI incident results in substantial bodily harm or death to another person, it is charged as a felony, regardless of whether it’s the first offense or a subsequent one.

Penalties for Felony DUI in Nevada

The penalties for a felony DUI in Nevada are severe and depend on the specific circumstances of the offense. These penalties include imprisonment, fines, license suspension, and more.

Depending on the nature of the offense, a felony DUI can result in prison sentences ranging from one to 20 years. The fine range is between $2,000 and $5,000, with mandatory fees and assessments added on top.

Your driver’s license will also be suspended for three years, during which you won’t be allowed to operate any motor vehicle.

In addition to these penalties, a felony DUI conviction can have long-lasting consequences on your personal and professional life. It can affect job opportunities, insurance rates, and even your right to vote.

Below are the penalties you can expect for a felony DUI conviction:

Penalties for Third DUI Offense in Nevada

A third-time DUI conviction within seven years is classified as a category B felony in Nevada. The penalties for this offense include:

• Prison term of one to six years
• Fines ranging from $2,000 to $5,000
• Mandatory attendance at a Victim Impact Panel
• Installation of a breath interlock device in the offender’s vehicle for 1 to 3 years after release from jail
• Three-year driver’s license suspension
• Requirement to get SR-22 insurance
• Possible requirement to attend a Felony DUI Court for up to five years
• Potential mandatory substance abuse counseling and rehabilitation

Penalties for a DUI Following a Felony DUI Conviction

If you have a previous felony DUI conviction, any subsequent DUI offense will be charged as a category B felony. The penalties for this offense include:

• Prison term of two to fifteen years
• Fines ranging from $2,000 to $5,000
• Mandatory attendance at a Victim Impact Panel
• Installation of a breath interlock device in the offender’s vehicle for 1 to 3 years after release from jail
• Three-year driver’s license suspension
• Requirement to get SR-22 insurance
• Possible requirement to attend a Felony DUI Court for up to five years
• Potential mandatory substance abuse counseling and rehabilitation

Penalties for a DUI Resulting in Injury or Death

A DUI offense that results in substantial bodily harm or death is charged as a category B felony in Nevada. The penalties for this offense include:

• Prison term of two to twenty years
• Fines ranging from $2,000 to $5,000
• Mandatory attendance at a Victim Impact Panel
• Installation of a breath interlock device in the offender’s vehicle for 1 to 3 years after release from jail
• Three-year driver’s license suspension
• Requirement to get SR-22 insurance
• Possible requirement to attend a Felony DUI Court for up to five years
• Potential mandatory substance abuse counseling and rehabilitation

Common Defenses to Felony DUI Charges in Nevada

If you are charged with a felony DUI, there are several potential defense strategies that might be applicable to your case:

• Invalid Previous Convictions: If the felony DUI charge is based on previous DUI convictions, your attorney may attempt to prove that these convictions are invalid.
• Lack of Probable Cause: Your attorney might argue that the police officer lacked probable cause to pull you over or arrest you.
• Rising Blood Alcohol Content: In some cases, your attorney could argue that your blood alcohol content (BAC) was rising at the time of the test, indicating that it might have been below the legal limit while you were driving.
• Medical Conditions: Certain medical conditions can cause a high BAC. If applicable, your attorney can use this as a defense.
• Faulty BAC Tests: Your attorney can argue that the breathalyzer or blood test was faulty, mishandled, or not administered properly, causing inaccurate results.

Plea Bargaining in Felony DUI Cases

In some cases, your attorney might be able to negotiate a plea deal with the prosecutor to reduce your felony DUI charge to a lesser offense. This often depends on the specifics of your case, including the strength of the evidence, your previous criminal record, and whether or not there were aggravating factors involved in the DUI offense.

For example, entering the serious offenders program can result in reduced charges and penalties for those convicted of a felony DUI. These programs focus on rehabilitation rather than incarceration, providing an opportunity for offenders to receive substance abuse treatment and other forms of assistance.

Record Sealing for Felony DUI Convictions in Nevada

In Nevada, a felony DUI conviction is a serious matter that can have long-lasting impacts on your life. While some convictions can be sealed from your record, felony DUI convictions cannot be sealed in Nevada. This means that a felony DUI conviction will remain on your criminal record permanently.

That’s why it’s crucial to have an experienced DUI attorney on your side if you are facing felony DUI charges. They can help you understand the potential consequences and work towards reducing or dismissing the charges against you.

Hiring an Attorney for a Felony DUI Case

Facing a felony DUI charge is a daunting experience. The penalties are severe, and the consequences can affect your life for years to come. That’s why it’s essential to have an experienced attorney on your side.

At Ticket Busters, we understand the stress and anxiety that come with facing a felony DUI charge. Our team of skilled attorneys is dedicated to providing robust defense strategies tailored to each client’s unique circumstances. We have a strong track record of achieving favorable outcomes for our clients, including reduced charges and case dismissals.

If you or a loved one is facing a felony DUI charge in Nevada, contact Ticket Busters today. Our team of experienced DUI attorneys is ready to provide the guidance, resources, and representation you need during this challenging time.

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