When is a DUI a Felony?

In Nevada, every DUI is different, but there are basically two types of DUI under the statutes.  The first is a DUI, where no one gets hurt.  Let’s call this a What is a Miranda Warning?Simple DUI.  You’re pulled over, you have a minor fender bender, or you get tagged by a DUI Checkpoint, and as a result of a Breathalyzer of greater than .08, or a Field Sobriety Test, the police find you to be impaired.  The second type of DUI results from a severe accident, in which, because of your impaired driving, someone gets seriously injured or killed.

In Nevada you can have two simple DUI convictions within a 7-year period, and still have both considered Misdemeanors.  For the third simple DUI within 7 years of the oldest DUI, whether Simple or otherwise, you will be charged with Felony DUI.  However, if your first DUI results in a serious accident with injury or death to another person, you can be charged with Felony DUI from the first DUI.  Once convicted of felony DUI, all subsequent DUI’s will be charged as felony DUI even if the subsequent DUI is what is considered a Simple DUI.  Out of state DUI’s will be counted towards the total DUI’s within a 7-year period.

What are the penalties for Felony DUI?

The third simple DUI within a 7-year period is charged as a Category B Felony.  If convicted the criminal punishments for that third Simple DUI are:

  • 1-6 years in State Prison
  • Fines of $2,000 to $5,000
  • Ignition Interlock System (IIS) installed in your vehicle for 3 years at your expense, as a condition of reinstatement
  • Driver’s License Suspension for 3 years
  • Nevada approved Alcohol Treatment Program for 3 years at your expense

The second Felony DUI within a 7 years period is considered a Category B Felony.  If convicted the criminal punishments are:

  • 2-15 years in State Prison
  • Fines of $2,000 to $5,000
  • IIS installation at your expense

Any DUI charged after an accident which caused serious injury or death to another, is considered a category B felony with a sentence of 2 to 20 years in state prison, fines from $2,000 to $5,000, and IIS installation as a condition of driver’s license reinstatement.

If charged with a DUI which caused death to another and had three previous DUI convictions, it will be charged as Vehicular Homicide, which is a Category A felony, with prison term of 25 years to life, with possibility of parole after 10 years.

The Defenders will provide a strong defense against all DUI charges

The punishments for DUI in Nevada are harsh and become more so if you are charged again.  The Defenders lawyers are highly qualified to handle any DUI charge.  They will provide a strong defense which will seek to minimize the charges to protect your rights.  If you have been charged for a DUI, call us to discuss your case today at (702) 333-3333 or click the green button at the bottom of the page to text your information to us.

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