Nevada “Felony DUI Court” (Serious Offenders Program)

Felony DUI court, known as the Serious Offender Program, allows third offense DUI defendants in Nevada may avoid prison and a felony conviction by completing a rigorous course of counseling, treatment and house arrest. The program requires 3 to 5 years of:

• substance abuse counseling,
• alcohol and drug testing (including SCRAM anklets),
• breath interlock devices,
• 6 months of house arrest, and
• other terms the judge deems appropriate

Upon successful completion of the program, the defendant gets a DUI second conviction, which is only a misdemeanor. This is preferable to a felony DUI conviction, which carries 1 to 6 years in Nevada State Prison.

In this article, our Las Vegas DUI attorneys discuss:

• 1. What is Felony DUI Court in Nevada?
• 2. What are the benefits?
• 3. Am I eligible?
• 4. What is it like?
• 5. How do I apply?
• 6. What if I relapse or break the rules?
• 7. What if I do not finish Nevada Felony DUI Court?
• 8. How much will it cost me?
• 9. What if this is only my first or second DUI?
• 10. What if I do not live in Nevada?

Also learn about Misdemeanor DUI Court (Moderate Offenders Program) in Nevada.

1. What is Felony DUI Court in Nevada?

Felony DUI Court…called the “Serious Offenders Program” in Clark County…allows eligible third-time DUI defendants to avoid prison by completing rehab instead. Upon successful completion, the defendant’s felony DUI charge will be reduced to a misdemeanor second-time DUI conviction.¹

In short, Felony DUI Court is an alternative sentencing program that aims to rehabilitate through counseling rather than punish through incarceration.

2. What are the benefits?

The Serious Offenders Program is the only way a third-time DUI defendant may avoid prison (unless the D.A. is willing to plea bargain). It is a very intensive and rigorous program that lasts three to five (3 – 5) years.² So defendants should consider it only as a last resort when a charge reduction or dismissal is unavailable.

3. Am I eligible?

In order to be considered for the Serious Offenders Program, the defendant has to meet all of the following criteria:

1. The defendant is a drug or alcohol addict,
2. The defendant has no more than two (2) misdemeanor DUI convictions in the last seven (7) years,
3. The defendant is currently charged with a third-time DUI, which is a felony, and
4. The defendant has never killed or seriously hurt anyone while driving under the influence.³

Note that past DUI arrests that were reduced or dismissed do not count as prior DUIs.

Example: Dawn was just arrested for DUI. She had three prior DUI arrests in the last seven years, but one of them was reduced to reckless driving. Since she has only two prior DUI convictions, she is theoretically eligible for the Felony DUI Court program.

Had Dawn in the above example had three prior DUI conviction in the last seven years, she would be ineligible for Felony DUI Court.

4. What is it like?

Felony DUI Court typically lasts three (3) years, but it can extend to no more than five (5) years. The defendant is assigned a case manager who makes specific recommendations to the court about the length of the treatment and necessary terms.⁴

The Serious Offenders Program proceeds in several phases and typically consists of the following requirements:

If the defendant successfully completes all the terms of the Serious Offenders Program, his/her felony DUI charge will be reduced to a misdemeanor second-time DUI conviction.⁵ Judges may even throw mini-ceremonies, where the court staff applauds the DUI School “graduates,” and everyone feasts on cupcakes. At one ceremony, a judge rewarded a new graduate who had struggled with the program by allowing her to smash a cake in his face.⁶

Defendants who do not complete the program are convicted of third-time DUI, which is a felony.⁷ Scroll down to question 7 for DUI 3rd penalties.

5. How do I apply?

The process of applying to the Serious Offenders Program involves the following four steps:

1. The defendant and his/her attorney appear in District Court, where the defendant pleads guilty or “nolo contendere” to a DUI third. At that time, the attorney submits a completed application for Felony DUI Court. The attorney also submits a substance abuse evaluation completed by a certified counselor or physician that claims the defendant is an addict.
2. The judge will then direct the defendant to meet with the Nevada Division of Parole and Probation. The Division will then compose a Presentence Investigation Report for the case, which gives its opinion about the defendant’s suitability for DUI Court.
3. Within ten (10) days of receiving notice of the DUI Court application, the prosecutor may request a hearing to contest it. The judge may also request a hearing if the judge has concerns about the defendant’s suitability for the program.
4. If the judge grants the application, the judge will suspend the defendant’s prison sentence while the case is transferred to DUI Court. The defendant will then be ordered to report to Pretrial Services, who will instruct him/her how to begin the DUI Court program.

If a defendant does not get accepted to Felony DUI Court in Las Vegas, he/she will face regular Nevada felony DUI penalties.⁸

The application process for the Clark County Felony DUI Court program is very time-sensitive and technical, and not everyone is accepted. Therefore, it is highly recommended the defendant retain counsel to ensure it is done correctly.

6. What if I relapse or break the rules?

The Serious Offenders Program punishes relapses and mistakes on a case-by-case basis. The judge considers the defendant’s criminal history, how far along he/she is in the program, and the circumstances of the incident.

For example, a judge may levy the following punishments on a DUI court participant who got caught with alcohol in his/her system:

• Bumping the defendant back to the first phase of the Serious Offenders Program,
• Serving two (2) weeks in jail, and/or
• Installing alcohol breath-testing devices in the defendant’s home that record the defendant breathing into it and transmit the video footage and test results to the case manager.

Many Las Vegas judges allow program participants at least “one strike” before terminating them from the Serious Offenders Program completely. However, anyone who picks up another DUI during the course of treatment gets automatically expelled from the program and sent to prison to serve out his/her original felony sentence.⁹

7. What if I do not finish Nevada Felony DUI Court?

People who do not finish the Serious Offenders Program gets expelled from the program and are ordered to complete their original felony sentence. The punishment includes:

• 1 to 6 years in Nevada State Prison;
• $2,000 to $5,000 in fines;
• Victim Impact Panel attendance;
• an alcohol/drug dependency evaluation;
• a Nevada breath interlock device in the defendant’s car for 1 – 3 years; and
• a 3-year driver’s license revocation (with the possibility of a restricted license after 1 year)¹⁰

Furthermore, the defendant will not be eligible to participate in DUI Court again.¹¹

8. How much will it cost me?

The Serious Offenders Program costs about $11,000 to $15,000 in total over the course of the program. However, applicants with limited resources may be able to pay less under a sliding fee scale.

The costs go towards the following expenses:

• evaluation fee (one-time fee),
• electronic monitoring,
• supervision fees,
• counseling fees, and
• breath ignition devices¹²

9. What if this is only my first or second DUI?

Only Nevada defendants charged with their third DUI (within the last seven years) are eligible for the Serious Offenders Program. People charged with just a first or second DUI may be eligible to do “Misdemeanor DUI Court” in lieu of incarceration.

In Clark County, misdemeanor DUI court is called the “Moderate Offenders Program.” The requirements typically include court monitoring, ninety (90) days of house arrest, unannounced checks, one-on-one counseling, and a SCRAM anklet. Depending on the plea bargain the defendant agrees to, successful completion of the program may result in the DUI conviction getting reduced to a less serious offense.

10. What if I do not live in Nevada?

It depends on how flexible the judge and prosecutor are. Out-of-state defendants might be able to do a similar DUI Court program in their home state. But ultimately the court handles these requests case-by-case.¹³

Call a Nevada criminal defense attorney…

Arrested for felony DUI in Nevada? Our Las Vegas criminal defense lawyers may be able to negotiate with prosecutors so your case gets dismissed or reduced to a lesser offense and you avoid DUI Court completely. Call us for a consultation.

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