Felony DUI Laws in Nevada

Las Vegas Drunk Driving Lawyers

If you get arrested for driving under the influence of drugs or alcohol in Nevada, it will be charged as only a misdemeanor unless 1) you've already been convicted of DUI twice or 2) the incident caused someone else to be seriously harmed or killed. In those cases, the prosecutor will bring felony DUI charges that potentially carry years in prison and hefty fines.

Our Las Vegas drunk driving defense lawyers have decades of experience winning favorable resolutions in Nevada felony DUI cases. Keep reading to learn more about the law, penalties, and possible defenses we may use in your case. And for a free consultation, call us at 702-DEFENSE (702-333-3673).

Nevada felony DUI

DUI is normally a misdemeanor in Nevada, but prosecutors will bring felony drunk driving charges in Las Vegas in two situations:

If the suspect had two (2) previous DUI convictions in the last seven (7) years, or

If the DUI incident resulted in a fatality or serious bodily injury to another person.

Penalties for Third DUI Offense in Nevada

A third DUI conviction in Nevada within seven years of the first one is punished as a category B felony. The standard sentence includes the following:

Nevada prison term of 1 to 6 years

Fines from $2,000 to $5,000

Victim Impact Panel

A Breath Interlock Device in your car for 1 to 3 years after your release

3 year driver's license suspension or revocation, 5 day registration suspension, and a $35 civil penalty fee

An alcohol & drug evaluation

Penalties for a Nevada DUI Causing Injury or Death:

A conviction for Nevada DUI causing injury or death in Nevada is a category B felony carrying the following punishments:

Nevada prison term of 2 to 20 years

Fines from $2,000 to $5,000

However, if a suspect accused of Nevada DUI with death already has three (3) previous DUI convictions, the prosecutor will instead charge him/her with the category A felony of Nevada Vehicular homicide. The penalties for Nevada Vehicular Homicide are twenty-five years in prison or even a life sentence, with the possibility of parole after 10 years.

Anyone imprisoned for Las Vegas felony DUI will almost surely be housed in a minimum-security facility and segregated from violent offenders.

Defenses

Depending on the facts of your case, there are dozens of different legal defenses your drunk driving attorney can try to use in an effort to convince the prosecutor that your case should be dismissed or lessened to more minor charges. The following are a few:

Lack of probable cause. A policeman is not constitutionally permitted to pull someone over unless he/she had probable cause to believe the driver committed a traffic violation or another crime. If your attorney can make a case that the policeman lacked sufficient probable cause, your entire felony DUI case may be dismissed.

Police misconduct, defective equipment, inaccurate readings. Police and chemical testers sometimes make mistakes in how they administer or read chemical tests, and sometimes the machinery itself is broken. Your attorney will investigate whether there could have been any procedural mistakes or faulty equipment in your case and can then use this information to leverage a better deal or even a case dismissal.

No causation. In felony DUI cases with death or injury in Las Vegas, you cannot be found guilty if the prosecutor doesn't prove beyond a reasonable doubt that your intoxicated driving caused the fatality or bodily harm. If your attorney can make a good argument that something else caused the death or injury or that the other party was really fault, than your case should be thrown out.

Plea Bargaining felony DUI in Nevada

If your attorney can get the prosecutor to reduce your felony DUI charge in Nevada to a misdemeanor, you may face the following standard drunk driving penalties:

up to six months in jail (the sentence is usually suspended)

Nevada DUI School or DUI Court

Fines of up to $1,000 plus court costs

Victim Impact Panel (a MADD lecture)

up to 1 year driver's license suspension & a $35 civil penalty fee

Seek Legal Counsel if You're Facing a Las Vegas Felony DUI Charge . . . .

Although Las Vegas drunk driving penalties can be very harsh, the most inconvenient aspect of DUI convictions are often the collateral consequences: more expensive car insurance premiums, a blemished driving record, and a criminal record that will come back to haunt you during background checks the next time you apply for a job.

You may not be able to get around these consequences in the end. But we'll do everything in our power to maximize your chances. By way of thorough case investigation and relentless negotiation, we may be able to craft an effective defense that could cause your case to be dismissed, reduced to a less serious charge or win you a "not guilty" verdict at trial. Don't hesitate to contact our Las Vegas NV DUI lawyers at 702-DEFENSE (702-333-3673) for a free consultation.

For information about California DUI law, go to our webpage on California DUI law. And for information about multiple DUI convictions in California, go to our article on multiple DUI convictions in California.