“3rd DUI” in Nevada – A Game Plan for Fighting It

In Nevada, a 3rd DUI conviction in 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 $2,000 to $5,000.

However, if you complete Felony DUI Treatment Court, you may be able to avoid prison and get the charge reduced to a misdemeanor DUI-2nd.¹

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.²

These punishments are shown in the bubble graph below. Once you are out of custody, you must keep a breath interlock device in your car for one to three years.³

1. DUI 3rd Defined

You face DUI-third charges if:

1. You get arrested for a DUI without causing serious injuries or death; and
2. 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 system.⁴

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?

The Nevada DMV will revoke your driver’s license for three years following a DUI-third arrest. However, it may be possible to resume driving earlier with an ignition interlock device.

Even if your case gets dismissed in criminal court, the DMV can still suspend your license. However, we would 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 to get your license back.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. Defenses

Nevada prosecutors are prohibited from reducing or dismissing DUI charges unless they have inadequate evidence.⁷ Thus, our job as your defense attorney is to show prosecutors that their evidence is too weak to support a conviction.

In our experience, the following five DUI defenses have proven very effective with prosecutors, judges, and juries:

1. The police lacked probable cause to arrest you;
2. The police improperly administered the field sobriety tests;⁸
3. The breathalyzer result was skewed due to your medical conditions, such as GERD, auto-brewery syndrome, diabetes, or hypoglycemia;
4. The chemical test equipment was faulty; or
5. The breathalyzer/lab technicians let their certifications lapse.

Note that most drunk/drugged driving cases resolve with a plea bargain.

4. DUI Court

You may be able to avoid prison if you get accepted into the Felony DUI Treatment Court (also called the 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, and
• 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. Record Seals

Criminal records of third-time DUI convictions may never be sealed. However, DUI-third charges that get plea bargained down or dismissed can be.¹⁰

The following table shows the wait times to seal DUI convictions in Nevada.

Nevada DUI Conviction	Record Seal Wait Time
DUI 3rd	Never
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)	Immediately

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.

Additional Resources

If you or someone you know is struggling with addiction, refer to the following:

• Alcoholics Anonymous – 12-step program to overcome alcohol addiction.
• Narcotics Anonymous – 12-step program to overcome drug addiction.
• Nar-Anon – 12-step program for family/friends of addicts.
• SAMHSA – Substance Abuse and Mental Health Services – 24/7 hotline and support.
• SAMHSA – Online treatment locator – Find rehabs by address or zip code.
• Crisis Support Services of Nevada – 24/7 hotline and support.

Also see our article Four ways DUI can be a felony in Nevada and fourth-time DUIs.

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