In Nevada, a 3rd DUI within a 7-year time frame is treated as a category B felony. If convicted, you face a mandatory 1 to 6 years in state prison and fines ranging from $2000.00 to $5000.00.
The standard penalties for a DUI-3rd conviction include:
- 1 to 6 years in Nevada State Prison;
- $2,000 to $5,000 in fines;
- Victim Impact Panel attendance;
- An alcohol/drug dependency evaluation and possibly rehab; and
- A three-year driver’s license revocation
Then once you are out of custody, you will need to keep a breath interlock device in your car for one to three years. 1 2 3
1. What is a third-time DUI in Nevada?
You face DUI-third charges if:
- You get arrested for a DUI without causing serious injuries or death; and
- You have two prior DUI convictions from any state in the past seven years
DUI is short for “driving under the influence.” It occurs when either:
- your driving is impaired by alcohol or drugs;
- you have a blood alcohol content (BAC) of at least 0.08%; or
- you have illegal quantities of certain drugs in your system4
If you plead guilty or no contest to a DUI-3rd, you sign an “admonishment of rights” form. It explains that any future DUI arrests will be charged as felonies even if you cause no injuries.
2. Will I lose my license?
Even if the case gets dismissed in criminal court, the DMV can still suspend your license. Though your attorney may try to contest this license suspension at a DMV administrative hearing.
Once the three-year revocation period is over, you may have to take another driving test and pay various fees.6
You will also have to maintain SR-22 insurance for three years even if you do not own a vehicle. Learn more about driver’s license revocations for DUI-thirds in Nevada.
3. How do I fight the case?
Nevada prosecutors are prohibited from reducing or dismissing DUI charges unless they have inadequate evidence.7 So your defense attorney’s job is to show prosecutors that their evidence is too weak to support a conviction.
There are many potential DUI defenses:
- Lack of probable cause
- Police mistake
- Improperly administered field sobriety tests8
- Certain medical conditions such as GERD, auto-brewery syndrome, diabetes, hypoglycemia
- Rising blood alcohol
- Faulty chemical test equipment
- Lapsed certification of breathalyzer/lab technicians
Most drunk or drugged driving cases resolve with a plea bargain.
4. Can I do DUI Court instead of prison?
Yes, if you get accepted into Felony DUI Court (also called Serious Offenders Program). This is an intensive three-to-five-year rehabilitation program. It typically involves:
- periods of home confinement
- alcohol and drug testing
- wearing a SCRAM alcohol-detection anklet
- rigorous counseling
- court monitoring
If you complete the program, the DUI-third charge will be reduced to a second offense DUI — which is a misdemeanor in Nevada. 9
5. Can I seal my record?
Criminal records of third-time DUI convictions may never be sealed. Though DUI-third charges that get plea bargained down or dismissed can be.10
Nevada DUI conviction
Record Seal Wait Time
|DUI 1st or DUI 2nd
|7 years after the case closes
|Reckless driving (NRS 484B.653)
|1 year after the case closes
|Dismissal (no conviction)
Learn more about how to seal DUI records in Nevada.
6. Can I keep my gun?
If you are convicted of a third-time drunk or drugged driving charge in Nevada, you may not keep your firearms. The only way convicted felons may get gun rights restored is through a governor’s pardon.
Call us for help…
Accused of driving under the influence in Nevada? Call our Las Vegas criminal defense lawyers.
We can consult with you about how best to craft a successful defense and whether you are eligible for the Serious Offenders Program. Perhaps we can get the charge reduced or dismissed.