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
Charge	Misdemeanor	Misdemeanor
Jail time	2 days to 6 months	10 days to 6 months
Fines	$400 to $1000	$750 to $1000
DUI Class	Yes	Yes
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