Getting a 2nd DUI in Nevada
One DUI is bad enough but what happens when you get a second DUI offense?
DUI is considered a second offense if you get pulled over and are considered drunk with a BAC-blood alcohol content of .08 or higher within 7 years of your first offense.
A 2nd DUI offense in Nevada is still considered a misdemeanor but it does require jail time.
A 2nd DUI could get you from 10 days to 6 months in jail and a $750 to a $1000 fine.
You will have to attend a victim impact session and you will be required to put an ignition interlock device in your car.
Your driver’s license will be suspended for one year.
Sometimes a good defense attorney can get a 2nd DUI reduced to reckless driving that carries a much lighter sentence.
If you have been arrested for a second DUI you need to call an attorney right away.
Trying to get charges or sentences reduced on your own could do more harm than good.
We have been defending DUI cases for many years.
With a good defense you can get your charges reduced or even dismissed.
You can also get sentences reduced to minimum requirements if convicted.
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.
Losing your License After a 2nd DUI
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.
So getting this requirement removed can save you thousands of dollars.
What are The Fines and How Can I Pay
A 2nd DUI carries a fine from $750 to $1000 to be paid to the state at the time you are convicted.
If you cannot pay the fine a payment plan might be set up for you to pay monthly for a set amount of time.
If you cannot financially afford the payments you can opt for community service for a set amount of days or hours.
Community service may require you to do things like pick up trash on the freeway in the hot sun.
You never know what you’re gonna get.
Other 2nd DUI Consequences
You will have to attend an alcohol evaluation panel.
You will be evaluated by a group of therapists hired by the state to determine if you have a problem with alcohol.
If your BAC was .18 or higher you may be required to attend one year of clinical supervision at an outpatient treatment facility.
Why Hire a Defense Attorney
You have rights as a defendant in the court system.
If you have been charged with a crime, any crime you have the right to an attorney.
You should never speak with 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.
Call The Defenders if you have been arrested for a 2nd DUI.