Driving under the influence, whether it be alcohol or drugs, can be extremely dangerous to everyone on the road. Each year, thousands of lives are taken or severely injured due to the idiotic people who are driving under the influence. Although it is horrific, sometimes the law can make it seem like a slap on the wrist depending on the circumstances. Receiving a DUI can make it harder to find employment, as there is a social stigma around driving under the influence. There are many different factors that come into play when deciding whether or not a DUI is a felony or a misdemeanor.
Factors Within a DUI
Nevada’s DUI laws prohibits motorists from operating a motor vehicle while under the influence of drugs or alcohol, and having above .08% blood alcohol concentration level while driving. Typically, your first offense with no aggravating circumstances or outcomes results in a misdemeanor, or even less. The Police and court know everyone slips up sometimes and if you were caught driving under the influence for the first time and didn’t cause any harm, it is likely that you get off the hook or just a minor misdemeanor. You also have the ability to fight the offense at court and get it lowered, which would only happen if there were no aggravating factors. A DUI can become a felony in numerous circumstances, such as causing serious injury or substantial bodily harm to another person while operating a motor vehicle. More instances include killing someone while driving under the influence, having two prior DUI convictions within seven years, or your prior DUI conviction was a felony.
DUI Penalties
Nevada penalties for receiving a DUI can vary upon the circumstances of the incident.
- First DUI offense – Misdemeanor
- 2 days – 6 months in jail
- $400 – $1,000 fine
- Victim impact panel
- 185 day license suspension, with the possibility of receiving a restricted license with an ignition interlock device
- Second DUI offense within seven years – Misdemeanor
- 10 days – 6 months in jail
- $750 – $1,000 fine
- Victim impact panel
- Alcohol/ drug dependency evaluation
- 1 year license suspension
- Breath interlock device for 185 days
- Third DUI offense within seven years – category B felony
- 1 – 6 years in Nevada State Prison
- $2,000 – $5,000 fine
- Victim impact panel
- Alcohol/drug dependency evaluation
- 3 year license suspension
- Breath interlock device for 12 to 36 months
- DUI causing injury or death – category B felony
- 2 – 20 years in Nevada State Prison
- $2,000 – $5,000 fine
- Victim impact panel
- 3 year license suspension
- Breath interlock device for 12 to 36 months
If you receive another DUI after a previous DUI felony conviction, you will again be charged with a category B felony, which results in the same penalties as any other category B felony.
DUI Reductions
Unless there isn’t sufficient evidence, it is very difficult to have a DUI dismissed, or even reduced. The law is meant to punish drivers for driving under the influence so that drivers know the seriousness and the animosity surrounding it. It is possible for an attorney to seek to dismiss the charge, or even reduce the charge to reckless driving. If you received a third DUI within a seven year period, you may be able to get the charge reduced to a misdemeanor by participating in Felony DUI court, which is an intensive rehabilitation process.
Being charged with a DUI, whether it is a small misdemeanor or felony, will carry with you on your record and can influence your life, such as regarding your employment. If you received a DUI and it is a felony, you may lose your right to vote and lose many professional opportunities, narrowing down your life options. If you have been charged or arrested with a DUI offense, it is important you have a criminal defense attorney to help you fight the charges, if possible. Here at Ticket Busters, our qualified attorneys can inform you about the seriousness of driving under the influence and help you keep your driving record clean.
