“Felony DUI” in Nevada – The 4 Ways It Can Happen

DUI in Nevada is typically a misdemeanor. However, it can be a felony if (a) you have certain prior DUI convictions or (b) cause an accident where someone is injured or killed.

Most felony DUI cases are punishable by

• 1 to 6 years in prison and
• a fine of up to $5,000.

As illustrated in the bubble graph below, there are four scenarios in Nevada where DUI is charged as a felony rather than a misdemeanor:

1. DUI-3rd – you had two prior DUI convictions in the last seven years;
2. Prior felony DUI – you have already been convicted of a felony-level DUI;
3. DUI with injury or death – the incident killed or caused substantial bodily harm to another person; or
4. Vehicular homicide – the incident caused a death, and you have at least three prior DUI convictions.

It makes no difference if any prior DUIs occurred in Nevada, another state, or any other U.S. territory.

Penalties for Felony DUI

The punishment for felony DUI depends on the specific crime you get convicted of, as this table spells out:

Felony-Level DUI Conviction	Nevada Penalties*
Third-time DUI – NRS 484C.400(1)(c)	Category B felony: 1 – 6 years in Nevada State Prison; $2,000 – $5,000 in fines; Attendance at a victim impact panel; A 3-year driver’s license revocation; and An ignition interlock device in your car for 1 to 3 years You must also submit to an alcohol and drug addiction evaluation. If eligible, you may be able to avoid prison and a felony conviction by doing DUI Court (a rehab program) that lasts up to five years.
DUI following a felony DUI – NRS 484C.410	Category B felony: 2 – 15 years in prison; $2,000 – $5,000 in fines; Attendance at a victim impact panel; A 3-year driver’s license revocation; and An ignition interlock device in your car for 1 to 3 years You must also submit to an alcohol and drug addiction evaluation.
DUI causing injury or death – NRS 484C.430	Category B felony: 2 – 20 years in prison; $2,000 – $5,000 in fines; Attendance at a victim impact panel; A 3-year driver’s license revocation; and An ignition interlock device in your car for 1 to 3 years
Vehicular homicide – NRS 484C.440.	Category A felony: 25 years or life in prison; Attendance at a victim impact panel; A 3-year driver’s license revocation; and An ignition interlock device in your car for 1 to 3 years You may be paroled after 10 years.
* If you were transporting a child under 15, the judge will consider it an “aggravating factor.” This means the court will probably impose a harsher sentence than it would otherwise.

Any prison sentences will likely be served in a minimum-security facility. If possible, you will be segregated from violent offenders.¹

Getting Your License Back

Nevada felony DUI cases trigger a three-year license suspension, but the Nevada DMV usually lets you drive throughout this suspension period as long as you:

• have an ignition interlock device (IID) installed in your vehicle and
• maintain SR22 insurance.

You should be eligible for an IID as soon as you begin Felony DUI court or are released from prison.

Reducing a Felony DUI

In Nevada, you should be able to get a felony DUI third conviction reduced to a misdemeanor DUI-second by doing Felony DUI Treatment Court. DUI Court is an intensive rehabilitation program that lasts three to five years.²

Otherwise, prosecutors are not allowed to reduce felony-level DUIs down to misdemeanors unless they lack evidence to justify the felony charge.³ So our job as your defense attorney is to show prosecutors that they lack this evidence.

For instance, a DUI-third charge can get knocked down if there are insufficient records of your prior DUI convictions. Plus a DUI causing injury charge should be reduced if the prosecutor cannot show that your impaired state caused the accident.

Valuable evidence to help get a felony drunk or drugged driving charge reduced includes:

• surveillance video,
• medical records,
• eyewitnesses, and
• court records

Best Felony DUI Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with felony DUI. In our experience, the following five legal defenses have proven very effective with prosecutors, judges, and juries.

1. The police lacked reasonable suspicion to pull you over for a traffic stop;
2. The police lacked probable cause to arrest you for DUI;
3. The police made errors while administering the field sobriety tests;
4. The breath or blood test devices were mishandled or broken; or
5. Your high blood alcohol content (BAC) results were due to a medical condition, such as GERD, “tricking” the breathalyzer.

You may think your case is hopeless, but there are plenty of opportunities for us to raise a “reasonable doubt.”

With every DUI case, there is a multi-page checklist we go through in search of instances where law enforcement officers dropped the ball. Often we can hire expert witnesses to testify about how the BAC results are unreliable.

Ultimately, prosecutors have the burden to prove guilt beyond a reasonable doubt. If we can show that the state’s case is too holey or inconsistent to meet this burden, your charge could be dropped.

Sealing The Record

Felony drunk or drugged convictions may never be sealed in Nevada. However,

• If the charge gets reduced to a misdemeanor-level DUI, the record may be sealed seven years after the case ends,⁴ or
• If the charge gets dismissed, the case may be sealed right away.⁵

Learn how to get a Nevada DUI criminal record seal.

Felony v. Misdemeanor DUIs

First-time DUIs and second-time DUIs (within seven years of the first) are always misdemeanors in Nevada as long as:

• there was no serious injury or death, and
• you have no prior felony DUI convictions.

Misdemeanor DUIs carry a maximum of six months in jail (and you can usually avoid jail completely for a first-time DUI). Meanwhile, felony DUIs carry a minimum of one year in prison (unless you can avoid jail through Felony DUI Treatment Court).

Misdemeanor DUIs carry a maximum $1,000 fine (plus court costs). Meanwhile, felony DUIs carry $2,000 to $5,000 in fines (plus court costs).

Misdemeanor DUIs also carry shorter license revocation periods than felony DUIs. In both cases however, you can usually continue driving right away as long as you get an ignition interlock device installed in your vehicle.

Additional Reading

For more information, see our related articles:

• Four ways DUI can be a felony – summary of the four ways that DUIs are treated as felonies
• Fourth DUIs – in-depth look at what happens if you get a fourth DUI
• Felony DUI based on multiple convictions – overview of how having past DUI convictions trigger felony charges in future DUI cases
• The DUI court process – detailed timeline from arrest through sentencing
• Do DUI cases go to trial or settle? – discussion of how most cases resolve with a plea

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Legal References