Second DUI in Nevada: Definition, Penalties, and FAQs for Conviction of a 2nd DUI
A second DUI offense is not just a repeat of your first offense; it brings steeper penalties, stricter conditions, and potentially life-altering consequences.
In Nevada, the law doesn’t take a 2nd DUI lightly, especially if it’s within seven years of the first offense.
Here, we’ll cover everything from the basic definition to the differences between a first and second offense, the specifics of the 7-year rule, and how a 2nd DUI contrasts with a felony charge. We’ll also answer frequently asked questions about jail time, ignition interlock devices, probation, and more.
An experienced criminal defense lawyer may be able to convince the court to reduce a second DUI charge to reckless driving, which comes with a more lenient punishment.
If you have been taken into custody for a subsequent DUI, you should immediately contact a lawyer.
The importance of having experienced legal representation cannot be overstated. A competent DUI lawyer can help navigate the complexities of the law, mitigate potential consequences, and represent you in court. Don’t face this battle alone. Reach out for professional help today.
The Defenders is a law firm that specializes in DUI defense. We can help you build the best possible defense and ensure that your rights are fully protected. Contact us today for a free review of your case, and let our experienced legal team fight on your behalf.
Definition of a 2nd DUI Offense
A 2nd DUI offense is when a person is arrested and charged with operating a vehicle while under the influence of drugs or alcohol for the second time.
The law defines a DUI as driving with a blood alcohol concentration (BAC) of .08% or higher, or having any amount of an illegal drug in their system while driving. A law enforcement official can assess a person’s BAC through field sobriety tests or by requesting a breath, blood, or urine sample.
In Nevada, second DUI offenses are taken very seriously and carry harsher penalties than the first offense. If they occur within 7 years of each other, the sentences become even more severe. The law considers this an aggravated offense that carries greater legal consequences.
Distinction Between 1st and 2nd DUI Offenses
The penalties for a second DUI offense are much more severe than those for the first. Despite being misdemeanors for both, a conviction for a second DUI will bring increased fines, license suspension or revocation, higher insurance rates, jail time, community service hours, and in some cases an ignition interlock device (IID).
The table below highlights the difference between the two offenses.
|Criteria||1st DUI||2nd DUI|
|Jail time||2 days to 6 months||10 days to 6 months|
|Fines||$400 to $1000||$750 to $1000|
|License Revocation||6 Months||1 Year|
|Victim Impact Class||Required||Required|
|Ignition Interlock Device||Possible||Required|
Note that this is only a sample and the actual consequences you may face will be determined by the court.
This table clearly shows that the consequences of a second DUI offense are significantly harsher than those of a first offense. It serves as a stark reminder of the seriousness of DUI charges and the importance of responsible behavior when it comes to drinking and driving. If you or someone you know is facing a DUI charge, seeking legal counsel is highly recommended to navigate the complexities of the legal system.
The 7-Year Rule in Nevada
In Nevada, the 7-year rule is a legal doctrine that governs how subsequent DUI offenses are handled. If a person commits a 2nd DUI within seven years of their first offense, they will face harsher penalties than if it had occurred more than seven years after the first conviction.
For example, let’s say John was convicted for his first DUI in 2010 and then received a 2nd DUI in 2016. Because the seven-year period had not elapsed, John’s second offense would be considered a second DUI and subject to harsher penalties than if it had occurred after 2017.
This is more important if you were facing a third DUI within 7 years. In this case, you could be charged with “felony DUI,” which carries even more serious consequences than a second DUI.
Am I Going to Jail for a 2nd DUI
The short answer is yes.
A second DUI in Nevada carries mandatory jail time of ten days, up to 6 months.
The maximum 6 month sentence is given out very rarely in extreme cases of extremely high BAC or someone who may have been driving under the influence with a child in the car.
A good defense attorney like The Defenders can work with the prosecutor to come up with a plan to have you serve your jail time on home confinement with an ankle monitor instead of the Clark County Jail.
The Defenders can also arrange a suspended jail sentence if all other terms of sentencing or probation are met.
This means that you won’t have to serve anything but the 10 days in jail if at all if you complete all other sentencing requirements on time.
However, if you fail to complete the terms you will be arrested and sent to jail to serve the term of your sentence.
Consequences of Being Convicted of a Second DUI Offense: Loss of License
After a second DUI in Nevada you will lose your license for one year mandatory sentence.
The only way to avoid losing your license is to win the criminal court case and to win the DMV hearing.
The DMV hearing is basically a trial at the DMV that you must attend and request.
If you are arrested for DUI or 2nd DUI you must request a DMV hearing within 7 days of your arrest if not the DMV will consider you guilty and your license will be suspended immediately.
If you request a hearing and take a breathalyzer test after your arrest you can drive until the outcome of your case.
If not you will be issued a temporary license for 7 days and your suspension will begin on the 7th day.
If you choose to take a blood test after your arrest you can continue to drive until the test comes back and that can take some time.
You will be notified by mail from the DMV about the results and give you 7 days to request the DMV hearing.
Your court trial might not be held for months based on the schedule of the court, so you want to have your license for as long as possible while we work out your case.
When you go to court for a second DUI it is the courts responsibility to prove beyond a reasonable doubt that you were under the influence and had a BAC of .08 or higher.
Either way if you are convicted of a second DUI you will lose your license for one year as part of your sentence.
After your license suspension you will have to have your license reinstated and carry SR-22 insurance on your license for 3 years.
SR-22 insurance is a letter of financial responsibility issued by your insurance company and costs several hundred dollars a year on top of your already high insurance.
So having a good defense is key to getting the charges dismissed or dropped so you don’t lose your license.
What is an Ignition Interlock Device and How Long Will I Have it
An ignition interlock device is a portable breathalyzer that is installed to the ignition of your car.
You will have to blow into it to start your vehicle.
You must blow into it without any hint of alcohol on your breath or it won’t start.
A second DUI will require you to get one installed in your car after your license has been reinstated.
The cost for the installation for IID is around $1000 and you may have to have it for up to 6 months.
If your BAC was .18 or higher you may be required by the court for 12 to 36 months.
After your sentence is complete the IID needs to be removed and that can cost the same as the installation. These are just some of the costs associated with getting a DUI.
So getting this requirement removed can save you thousands of dollars.
What Are the Fines and How Can I Pay
At the point of being convicted, the state requires a fine ranging from $750 to $1000 for those convicted of a second DUI charge.
It may be possible for you to set up a payment plan in which you make monthly payments over a predetermined period of time if you are unable to pay the fine in full.
If you are unable to pay, you have the option to complete a certain number of hours or days of community service.
Volunteering for the betterment of the community could necessitate tasks such as collecting garbage along highways under the sweltering sunlight.
Depending on the circumstances surrounding your case and the judge’s decision, you’ll never know what you’re going to get.
Other Consequences of a Second DUI Offense
An alcohol evaluation panel will be necessary for you to attend.
The state will have a team of therapists assess you to see if you have any issues with alcohol consumption.
If your blood alcohol content was equal to or greater than .18, you may have to take part in a twelve-month program of clinical counseling at an external therapeutic center.
The Advantages of Hiring a DUI Attorney
You have rights as a defendant in the court system.
If you have been charged with a crime, you have the right to an attorney.
You should never speak with the police without an attorney present.
If you are arrested for a 2nd DUI say nothing and do not take the breathalyzer before speaking with an attorney.
You can call The Defenders 24/7 even if you have been arrested.
We can set up a bond or bail hearing for you as soon as possible so you don’t spend too much time in jail.
A good defense team will attend all court hearings for you (or with you) and guide you through the process.
The Defenders can get charges either reduced or dismissed altogether depending on the defense.
Having an experienced defense team can get your sentence significantly reduced if you are ultimately convicted of a 2nd DUI.
No matter what you should always have a defense attorney.
Contact The Defenders if you have been arrested for a 2nd DUI.
Frequently Asked Questions
What constitutes a first or second DUI offense in Nevada?
A first DUI offense in Nevada is when you are convicted of a DUI for the first time. If you have been convicted of another DUI within seven years of the first DUI conviction, then it will count as a second offense. If you were convicted after 7 years, then that will count as a “first” DUI. Of course, many other factors come into play when determining the outcome that’s why consulting a DUI attorney is important.
How much jail time can I expect for a second DUI offense?
The amount of jail time you may receive for a 2nd DUI conviction in Nevada is up to 6 months in county jail and/or fines up to $1,000. These penalties are generally more severe if your BAC was above .18 at the time of arrest. You may also be required to complete a drug or alcohol treatment program, as well as community service and/or probationary period.
What happens to my license after a second DUI offense?
In the state of Nevada, drivers convicted of their 2nd DUI are subject to twelve-month driver’s license suspension.
What is a DMV hearing? What can I expect from a DMV hearing and what are the possible outcomes?
A DMV hearing is an administrative court hearing that takes place at your local DMV office. It’s separate from any criminal proceedings and will decide whether or not you should have your driver’s license suspended. During this hearing, you can argue why you don’t believe your license should be suspended, present evidence, and call witnesses to testify. The possible outcomes of a DMV hearing are that you can keep your license or have it suspended for a certain period of time.
What is an ignition interlock device and how long will it be required?
An ignition interlock device (IID) is a device installed in your vehicle that requires you to blow into it and provide a breath sample. If the device senses any alcohol on your breath, your vehicle won’t start. How long you are required to have an IID depends on the severity of the DUI offense.
Can reckless driving be a reduced charge for a second offense DUI?
In certain cases, it is possible to have the charge of DUI reduced to reckless driving. However, this is entirely up to the judge
Is it possible to have DUI charges reduced or dismissed?
It is possible to have your DUI charges reduced or dismissed depending on the circumstances surrounding your case. Depending on the details of your case, an experienced DUI attorney may be able to get you a more lenient plea deal. However, this is entirely up to the court’s judgment and prosecutor’s discretion. It’s important to hire an experienced DUI lawyer who can make compelling arguments in your favor.
Should I hire a defense attorney for my second DUI offense, and how can they assist?
Yes, it is important to hire a defense attorney for your second DUI offense. An experienced defense attorney will be able to help you understand the charges against you, advise on how best to proceed and defend your case in court. A lawyer can also negotiate with prosecutors on your behalf, potentially getting a reduced or dismissed charge. They can also provide valuable insight into the legal processes and information on sentencing, probationary periods, fines, and more. Most importantly, your lawyer can be an advocate for you in court to ensure that all of your rights are protected.
What is a DUI probation?
DUI probation (or “suspended sentence”) is when the judge orders you to complete certain conditions or requirements set by the court in lieu of serving jail time. The probationary period is typically a one to three-year period, and for a 2nd DUI offense, it will usually include supervised probation and community service. During this time you must comply with all conditions required by your probation officer or risk being sent to jail for the remainder of your sentence. It’s important to speak with an experienced DUI attorney to learn more about the conditions of your probation.
What other penalties might I face if convicted of a second offense DUI?
In addition to fines and jail time, you may also face license suspension, community service, mandatory alcohol/drug treatment programs, ignition interlock device (IID) installation in your vehicle, alcohol/drug monitoring, and points on your license. Depending on the circumstances of your case, you may also be required to attend an anti-DUI education program, pay restitution to the victim, and more.