No, not if it occurred within seven years of the first DUI.
In Nevada, a third-time DUI is automatically prosecuted as a felony if it happened within seven years of the first DUI. It does not matter whether the previous two drunk (or drugged) driving incidents occurred in Nevada or another state. Nor does it matter whether the DUI resulted in anyone getting hurt or killed.
Third-time DUIs in Nevada are category B felonies. The penalties typically include:
- 1 to 6 years in Nevada State Prison,
- $2,000 to $5,000 in fines,
- A Victim Impact Panel class in Nevada,
- An alcohol/drug dependency evaluation,
- A Nevada breath interlock device in the defendant's car for up to 3 years,
- A three-year driver's license suspension
It may be possible for some defendants accused of 3rd-time DUIs in Nevada to avoid prison by instead completing DUI Court. It is an intensive rehab program that lasts three-to-five years. Participants submit to frequent alcohol testing, go to weekly court appearances, and attend counseling. Upon the defendant's successful completion, the felony DUI charge can be reduced to a misdemeanor. Read more information about third-time DUIs in Nevada. Also see our article, "What are the penalties for a 4th DUI in Nevada?"