Question 1

What is DUI Court in Nevada?

Accepted Answer

Nevada DUI Court is a diversion program that allows eligible drunk or drugged driving defendants to enter an intensive rehabilitation program in lieu of incarceration. The program is time-consuming, intrusive, and costly. But upon successful completion, the DUI charge may be reduced to a lesser offense. Following a Nevada arrest for driving under the influence, the defense attorney will first attempt to get the case dismissed or reduced to a reckless driving. But if the prosecutor refuses to negotiate -- and if going to trial seems too risky -- then Nevada DUI Court may be a good option to explore.

Question 2

Can anyone do DUI Court in Nevada?

Accepted Answer

No. The following DUI defendants are automatically disqualified from the program: anyone who is not addicted to drugs or alcohol anyone who has seriously harmed or killed another person while driving under the influence anyone with more than two (2) DUI misdemeanor convictions in the past seven (7) years anyone with a past felony DUI conviction

Question 3

How are the Misdemeanor and Felony DUI Courts similar?

Accepted Answer

The formats of the Serious Offenders Program and the Moderate Offenders Program have a lot in common. Both require the following: Weekly status check meetings with the judge (these become more infrequent over time) Group counseling (such as Alcoholics Anonymous and Narcotics Anonymous) Individual counseling Ignition interlock devices in the defendants' cars Unannounced alcohol and drug testing SCRAM devices

Question 4

How do I apply?

Accepted Answer

The application process requires the following steps: The defendant appears in court and pleads guilty or no contest to the DUI charge he/she was originally charged with. The defendant submits to the court 1) a completed application to the rehab program, and 2) a substance abuse evaluation completed by a certified counselor or doctor that declares the defendant is addicted to alcohol or drugs. The judge and prosecutor may request a court hearing within ten (10) days to debate whether the defendant should be accepted into rehab. If the defendant gets accepted into the rehab program, the judge will suspend the defendant's original DUI sentence and transfer the case to DUI Court.

Question 5

What if I do not finish?

Accepted Answer

Then the judge will impose the defendant's original sentence, which always involves incarceration. People expelled from the Moderate Offenders Program face up to six (6) months in jail. People expelled from the Serious Offenders Program face one to six (1 - 6) years in Nevada State Prison.

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