What Happens if I Get a 4th DUI in Nevada?

Posted by Neil Shouse | Nov 12, 2013 | 0 Comments

A fourth-time DUI arrest (within seven years of the first one) is an automatic category B felony in Nevada. It makes no difference if the driver caused no accidents or injuries.

This is because a 3rd time DUI in Nevada is an automatic felony, and Nevada law requires that every DUI arrest after a DUI third conviction be charged as a felony. The saying amongst prosecutors goes, "Once a felon, always a felon."

The penalties for a fourth-time conviction of driving under the influence of alcohol or drugs include:

  • 2 – 15 years in Nevada State Prison, and
  • fines of up to $2,000 – $5,000, and
  • 3-year driver's license revocation following prison

Note that DUI 4th defendants are not eligible for DUI Court or probation. If the defendant gets convicted, the judge will impose a mandatory prison sentence. Therefore, it is extremely important that people facing drunk or drugged driving charges retain experienced counsel as soon as possible to try to get the charge reduced or dismissed. 

Also note that if the defendant was transporting a child less than 15 at the time of the violation, the court will impose a harsher sentence than it would otherwise.1

Note that if someone died from a fourth DUI incident, the driver instead faces charges for vehicular homicide. This is a category A felony carrying 25 years to life in Nevada State Prison (with the possibility of parole after 10 years).2


(For related information, see our article, "Is a third-time DUI a misdemeanor in Nevada?")

Legal References:

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.


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