What is a Third DUI in Nevada?
A defendant is charged with a third DUI in Nevada if the following occur:
- They have been arrested on a DUI charge that does not cause any serious injuries or death; and
- They have been previously arrested for DUI twice in any state over the course of seven years.
DUI is an acronym for “driving under the influence.” It is considered a DUI if
- The driving of the defendant was adversely affected by drugs or alcohol;
- The defendant’s blood alcohol content (BAC) was 0.08% or more; or
- There were illegal quantities of certain drugs found in the defendant’s system.
If a driver pleads guilty or no contest to a third DUI in Nevada, they will sign an “admonishment of rights” form. This form outlines that if they are arrested for any future DUI, the charge will be a felony charge regardless of whether or not they have caused an injury.
A third DUI in Nevada offense in Nevada is rated a category B felony, even when no vehicle accident or bodily injuries occur. There is no probation option for this offense. Penalties range from between one year (mandatory) to six years in the state prison. There are also fines associated with this offense that range between $2000.00 to $5000.00.
However, any defendant who goes through the full Felony DUI Court has the possibility of avoiding prison and may be able to have the charge reduced to a second DUI misdemeanor.
What are the Penalties?
The penalties that are normally associated with this charge include the following:
- One to Six Years in a Nevada State Prison;
- Fines Between $2,000 to $5,000;
- Completion of a Victim Impact Panel;
- An evaluation of dependency upon alcohol/drug;
- Possible completion of alcohol/drug rehab; and
- A driver’s license revocation for 3 years. (Note: it may be possible to get a restricted license after 1 year)
After the defendant is released from custody, he/she will be required to have a breath interlock device installed and maintained in his/her vehicle for 1-3 years.
Will A Third DUI in Nevada Cause Me to Lose My License?
After being arrested for a Third DUI in Nevada, the Nevada Department of Motor Vehicles will revoke the defendant’s driver’s license for a period of 3 years. They may issue a restricted driver’s license after a period of 1 year without any infractions. The form for applying for a restricted license is located here.
It is important to note that the Nevada Department of Motor Vehicles may still suspend the defendant’s driver’s license, even if the case is dismissed in court. There is a possibility that by contesting the defendant’s driver’s license suspension in a DMV administrative hearing, the suspension can be reversed.
After the defendant has completed the 3 year period of having their license revoked, in order to get a driver’s license, it may be necessary to take a driving test and pay additional fees. Also, the defendant will be required to have an SR-22 insurance policy in force for 3 years, even when they do not even own a vehicle.
Contacting a DUI Attorney in Nevada
If you or a loved one has been arrested for a Third DUI in Nevada, you will want to contact our office right away for a free evaluation of your case. Call 702-758-5858 today.