According to NRS 484c.400, getting a second DUI offense charge in Nevada within 7 years of getting a first DUI is a misdemeanor. There are extenuating circumstances that could raise it to a felony. The normal penalties associated with a second DUI offense include:
- a minimum of ten days and up to six months in jail
- having your driver’s license revoked for a year
- fines of between $750 up to $1,000
- having to pay for court costs
- a victim impact panel
- and possibly having to go through rehab.
You may also have to have an ignition interlock device installed in order to drive your vehicle. In some circumstances, we may be able to help you get your second DUI offense reduced to a charge such as reckless driving or possibly even get it dismissed.
There Are A Few Questions You May Have About A Second Dui Offense Charge Including:
1. Will I Have To Spend Time In Jail If I Get A Second Dui Offense Charge?
The answer is definitely yes. A second DUI offense charge carries with it a mandatory jail sentence of at least 10 days. If it desires, the courts can raise that stay up to 6 months. Although it rarely does this unless circumstances, such as having a minor in the car, dictate a longer sentence. It may be possible to serve at least some of those 10 days under house arrest.
It is not uncommon for the judge to order a six-month jail sentence that is suspended. That means that as long as the defendant completes all the assigned probation terms, they will not actually have to serve that time. However, it is there to be put into action in case the terms are not met.
2. Will I Lose My Driver’s License, And If So, For How Long?
If you get a second DUI offense charge within 7 years, of the first DUI, you will lose your driver’s license for a minimum of one year. It may be possible to defeat this, but only if you win both the criminal charges and the DMV hearing regarding the matter.
It is actually harder to win the DMV hearing than it is to win the criminal case. In the criminal case, the prosecutor has to prove beyond a reasonable doubt that the defendant was driving under the influence at the time. The DMV only has to consider if the defendant had a blood alcohol concentration (BAC) of 0.08% or higher while driving.
3. Will I Be Required To Complete A Rehab Program?
If convicted of a second DUI offense charge within 7 years with a BAC of 0.18% or higher, the defendant will be required to submit to a drug and alcohol dependency evaluation. They will have to pay $100 for the evaluation. And depending on the results, they may have to submit to a year-long program of supervision by a drug treatment establishment.
4. What Represents A First Dui?
If the defendant has had any prior DUI conviction within the United States within a seven-year period, it would be considered a prior offense and would count as the first DUI. It would not count as a prior if the first DUI offense was downgraded to something such as reckless driving.
5. What Will Happen If My First DUI Ended Up Being A Felony Charge?
If the first DUI was a felony conviction, all subsequent DUI charges will be charged as felonies. It makes no difference if the second DUI would normally have been a misdemeanor. Once a defendant has been convicted of a felony DUI, all further DUI charges will be classed as felonies.
Working With A Second Dui Offense Attorney
If you or a family member has been charged with a second DUI offense charge, you will want to contact our office right away. Call 702-758-5858 to schedule a free consultation.