Is a DUI a Felony in Nevada? Understanding When DUI Becomes a Felony Charge

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If you’re facing DUI charges in Nevada, understanding whether your case will be charged as a misdemeanor or felony is crucial. The difference can mean months in county jail versus years in Nevada State Prison. At The Defenders, we’ve handled over 1,000 DUI cases and know exactly how prosecutors decide between misdemeanor and felony charges.

Don’t wait to find out—felony DUI charges require immediate action. Call us at 702-333-3333 for a free consultation available 24/7.

What’s the Difference Between Misdemeanor and Felony DUI in Nevada?

Understanding the distinction between misdemeanor and felony DUI is essential for anyone facing drunk driving charges in Nevada. The classification of your charge will dramatically impact the penalties you face and your future.

Misdemeanor DUI (Simple DUI)

In Nevada, what many people call a “Simple DUI”—meaning a DUI where no one gets hurt—is typically charged as a misdemeanor. This includes:

• First DUI offense: Maximum 6 months in jail, fines up to $1,000
• Second DUI offense (within 7 years): 10 days to 6 months in jail, fines up to $1,000

Felony DUI

A DUI becomes a felony under specific circumstances, transforming it from a local jail matter to a state prison case. Felony DUI is a Category B felony in Nevada, with severe mandatory penalties.

Misdemeanor vs Felony DUI Comparison

Aspect	Misdemeanor DUI	Felony DUI
Classification	Misdemeanor	Category B Felony
Incarceration	County jail (up to 6 months)	State prison (1-20 years)
Fines	$400-$1,000	$2,000-$5,000
License Impact	185 days to 1 year	3 years revocation
Criminal Record	Can be sealed after 7 years	Permanent – cannot be sealed
Court Location	Las Vegas Municipal Court	Regional Justice Center

When Does a DUI Become a Felony in Nevada?

Nevada law specifically outlines when a DUI charge escalates from a misdemeanor to a felony. Understanding these scenarios is crucial for mounting an effective defense.

Is Your Third DUI a Felony?

Yes, a third DUI within seven years is automatically charged as a Category B felony in Nevada. This is often called the “three strikes” rule for DUI offenses. Here’s what you need to know:

• 7-year lookback period: Nevada counts DUI convictions within the past 7 years from arrest date to arrest date
• Out-of-state DUIs count: Prior DUI convictions from any U.S. state or territory count toward your total
• Non-probational offense: You cannot receive probation—prison time is mandatory
• Penalties: 1 to 6 years in Nevada State Prison, $2,000-$5,000 in fines

The seven-year lookback period is crucial. If your previous DUIs occurred more than seven years ago, they typically won’t count toward felony enhancement—unless one was already a felony.

How Does a Prior Felony DUI Affect Future Charges?

Once you have a felony DUI conviction, all future DUI arrests will be charged as felonies, regardless of when the prior conviction occurred. This means:

• There’s no time limit—a felony DUI from 20 years ago still triggers felony charges
• Even a “Simple DUI” with no aggravating factors becomes a felony
• Enhanced penalties apply: 2 to 15 years in prison
• The stakes are permanently higher for any alcohol-related driving offense

When Does DUI With Injury Become a Felony?

A DUI that causes substantial bodily harm or death is always charged as a felony, even if it’s your first offense. Nevada takes these cases extremely seriously:

• Substantial bodily harm: Injury that creates substantial risk of death, serious permanent disfigurement, or protracted loss of body function
• Automatic felony: No prior DUIs needed—injury alone triggers felony charges
• Non-probational: Mandatory prison sentence of 2 to 20 years
• Victim restitution: Additional financial obligations to injured parties

What Are the Specific Penalties for Felony DUI in Nevada?

Felony DUI penalties in Nevada are severe and mandatory. Judges have limited discretion to reduce sentences below statutory minimums.

Nevada Felony DUI Penalties by Type

Offense Type	Classification	Prison Time	Fines	License
Third DUI (within 7 years)	Category B Felony	1-6 years	$2,000-$5,000	3-year revocation
Prior Felony DUI (any subsequent)	Category B Felony	2-15 years	$2,000-$5,000	3-year revocation
DUI with Injury/Death	Category B Felony	2-20 years	$2,000-$5,000	3-year revocation
Vehicular Homicide (death + 3 priors)	Category A Felony	25 years to life	Varies	Permanent

Additional Mandatory Penalties for All Felony DUIs:

• Victim Impact Panel: Mandatory attendance
• SR-22 Insurance: High-risk insurance requirement for 3 years
• Ignition Interlock Device: 1-3 years at your expense
• Alcohol/Drug Assessment: Mandatory evaluation and treatment
• Felony DUI Court: Possible 3-5 year intensive supervision program

Where Are Felony DUI Cases Heard in Las Vegas?

Understanding where your case will be heard is crucial for preparing your defense. Felony DUI cases in Las Vegas follow a different path than misdemeanor cases.

Court jurisdictions for DUI cases:

• Las Vegas Municipal Court (100 E Clark Ave): Handles misdemeanor DUI cases within city limits
• Regional Justice Center (200 Lewis Ave): All felony DUI cases in Clark County are heard here
• Clark County District Court: Felony DUI trials and sentencing occur in district court

Felony cases involve different prosecutors, judges, and procedures than misdemeanor courts. Having an attorney familiar with the Regional Justice Center and Clark County District Court judges is essential for navigating the felony court system effectively.

Can You Avoid Prison Time for Felony DUI in Nevada?

While felony DUI charges carry mandatory prison sentences, there are limited alternatives that may help you avoid or minimize incarceration:

Felony DUI Court Program

For eligible third-offense DUI defendants, Nevada offers an intensive supervision program that may allow you to avoid prison:

• 3-5 year program with strict requirements
• Regular court appearances and drug/alcohol testing
• Intensive counseling and treatment
• Failure to comply results in immediate prison sentence

Challenging Prior Convictions

If we can successfully challenge the validity of prior DUI convictions, we may be able to:

• Reduce a felony to a misdemeanor
• Eliminate enhancements based on invalid priors
• Negotiate for probation instead of prison

Residential Treatment Programs

In some cases, judges may allow residential inpatient treatment as an alternative to prison, particularly when substance abuse issues are documented.

The key is acting immediately. Once the prosecution files felony charges, your options become limited. Call The Defenders at 702-333-3333 to explore your options before it’s too late.

What Defenses Work for Felony DUI Charges?

Defending against felony DUI charges requires an aggressive, comprehensive approach. At The Defenders, we investigate every aspect of your case to build the strongest possible defense.

Common Felony DUI Defense Strategies:

1. Challenge Prior Convictions
   • Constitutional violations in previous cases
   • Lack of proper legal representation
   • Invalid guilty pleas or waivers
2. Challenge Field Sobriety Test Administration
   • Officer didn’t follow NHTSA guidelines
   • Medical conditions affecting performance
   • Environmental factors (weather, lighting, surface)
3. Challenge Chemical Test Results
   • Breathalyzer calibration and maintenance records
   • Blood test chain of custody issues
   • Rising blood alcohol defense
   • Medical conditions causing false readings
4. Constitutional Violations
   • Illegal traffic stop without reasonable suspicion
   • Miranda rights violations
   • Denial of right to counsel
5. Causation Disputes (Injury Cases)
   • Other factors caused the accident
   • Victim’s actions contributed to injuries
   • Pre-existing medical conditions

Every case is unique, and the best defense strategy depends on the specific facts and circumstances. Our attorneys will thoroughly investigate your case to identify all possible defenses.

How Long Does a Felony DUI Stay on Your Record in Nevada?

Unlike misdemeanor DUIs, felony DUI convictions can never be sealed from your criminal record in Nevada. This permanent mark has serious long-term consequences:

• Employment: Many employers won’t hire convicted felons
• Professional licenses: Nursing, teaching, real estate, and other licenses may be revoked
• Housing: Difficulty renting apartments or qualifying for mortgages
• Education: Ineligibility for federal student aid
• Gun rights: Permanent loss of Second Amendment rights
• Voting rights: Lost until civil rights are restored

Given these permanent consequences, fighting felony DUI charges aggressively from the start is crucial. Even reducing a felony to a misdemeanor can dramatically change your future.

What Are Vehicular Homicide Charges

The most serious DUI-related charge in Nevada is vehicular homicide, which applies when:

1. You caused the death of another person while driving under the influence, AND
2. You have three or more prior DUI convictions (regardless of when they occurred)

Vehicular homicide is a Category A felony—the most serious classification in Nevada—carrying 25 years to life in prison with possibility of parole after 10 years.

Frequently Asked Questions

Facing Felony DUI Charges? We Can Help

If you’ve been charged with a felony DUI in Nevada, you’re facing serious consequences that will impact the rest of your life. The difference between misdemeanor and felony charges can mean years in prison versus months in jail, and a permanent criminal record that can never be sealed.

Don’t let felony DUI charges ruin your life. The Defenders have successfully handled hundreds of felony DUI cases in Las Vegas courts. We know the prosecutors, understand the judges, and have the experience to fight for the best possible outcome in your case.

Here’s what The Defenders can do for you:

• Investigate your case to determine all facts and circumstances surrounding the alleged crime
• Determine whether there was police error or misconduct, or if you’re being falsely accused
• Review the strengths and weaknesses of your case to develop the best defense strategy
• Inform you of all legal options available, including alternative sentencing programs
• Negotiate aggressively with prosecutors to reduce or dismiss charges when possible
• Provide aggressive trial representation if your case goes to court

Time is critical in felony DUI cases. The sooner we can begin investigating and building your defense, the better your chances of avoiding prison time.

Contact The Defenders today for a free case evaluation. We’re available 24/7 because we know DUI arrests don’t happen on a schedule. When your freedom is on the line, you need attorneys who will fight aggressively to protect your rights and your future.