Does Las Vegas still have a “Serious Offender Program” for DUI?

Las Vegas courts still offer a serious offender program (“SOP”) for addicts facing a third-time DUI, which is an automatic felony in Nevada. However, SOP now has a different name: Felony DUI Treatment Court (“FDUI”).

If you complete FDUI – which is a three-to-five-year treatment program – you will avoid Nevada State Prison and have your DUI-third reduced to a DUI-second, which is only a misdemeanor. If you do not complete FDUI, you will be convicted of DUI-third and serve a one-to-six-year prison sentence.

FDUI will set you back about $554.40 a month, which can amount to $11,000 to $15,000 total. If you cannot afford it, your attorney can ask the judge for you pay less under a sliding fee scale.

Am I eligible for FDUI?

Nevada’s Eighth Judicial District Court – which has jurisdiction over Clark County including Las Vegas – has five requirements for participating in Felony DUI Treatment Court:

1. You are an alcoholic and/or a drug addict,
2. Your criminal record has no more than two misdemeanor DUI convictions in the last seven years,
3. You are being charged with a third-time DUI,
4. You never participated in FDUI before, and
5. You never killed or seriously injured anybody by driving under the influence of alcohol or drugs.¹

(Note that if you are facing only a second DUI charge, which is a misdemeanor, you may instead be eligible for the less rigorous DUI Treatment Court program through Las Vegas Justice Court.)

How do I get into FDUI?

The application process for Felony DUI Treatment Court generally follows these five steps:

1. You plead guilty or no contest to a DUI third in the Eighth Judicial District Court.
2. Right after you plea, you submit a completed special court application as well as a substance abuse evaluation in which a doctor or certified counselor diagnoses you as an addict.
3. The judge directs you to meet with the Nevada Division of Parole and Probation, which will compose a Presentence Investigation Report. This is where the Division makes a recommendation to the judge about whether you are a suitable candidate for FDUI.
4. Meanwhile, prosecutors have 10 days from receiving notice of your FDUI application to request a court hearing to contest your suitability for FDUI. Even if the prosecutor has no concerns, the judge can order a hearing themself to ask you (or your attorney) questions about your suitability.
5. If the judge finally grants your application, the judge will suspend your prison sentence and transfer your case to FDUI. You then report to Pretrial Services for instructions on what to do next. If the judge denies your application, you will be convicted of and sentenced to a DUI-third.²

Placement in FDUI is never guaranteed in Nevada. In my experience, DUI-third defendants are far more likely to get into FDUI if they have private counsel managing their application and advocating for them in court.

Group counseling is a condition of FDUI in Las Vegas.

What do I have to do in FDUI?

If you are accepted into FDUI in Las Vegas, you will likely have to complete the following terms:

1. Six months of house arrest;
2. Outpatient treatment;
3. Individual and group counseling;
4. Wearing a SCRAM alcohol-monitoring anklet;
5. Random urine tests for drugs;
6. Mental health counseling;
7. Weekly support group meetings, such as Alcoholics Anonymous;
8. Driving with an ignition interlock device in your vehicle;
9. Regular status checks with the judge;
10. Other terms tailored to you, such as a curfew.

FDUI typically spans three years, though it can go as long as five depending on your case.³

What if I violate my terms?

In general, everyone in FDUI is allowed “one strike,” and mistakes are punished on a case-by-case basis. However, picking up another DUI while in the program is grounds for immediate expulsion.

If you are kicked out of FDUI, you will be convicted of DUI-third – a category B felony – and your suspended sentence will be un-suspended. The penalties include one to six years in prison, $2,000 to $5,000 in fines, and a three-year driver’s license revocation.⁴

FDUI requires abstaining from drugs and alcohol.

Additional Reading

For more information about Nevada DUI Court, refer to the following resources by the Eighth Judicial District Court:

• Felony DUI Treatment Court – Overview by the Eighth Judicial District Court.
• Understanding and Utilizing Specialty Court Programs – An overview of specialty court programs in Clark County.
• Benefits of Specialty Court – A Powerpoint outlining why these courts serve a vital role in society.
• Specialty Courts Breakdown – A summary of different specialty courts in Clark County.

Legal References