What Is Felony Dui in Nevada: What Is It, How It Gets Charged, and Penalties
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Felony DUI is a serious offense in Nevada, with severe consequences. It is important to understand what the charge means, how it gets charged, and the possible penalties associated with it.
A felony DUI conviction can result in jail time of up to 25 years in prison and $5,000 in fines. You’ll also incur license suspension or revocation, required attendance to victim impact panels as well as other punishments such as installation of an ignition interlock device on your vehicle.
Depending on the circumstances of your case there may be several defenses available to you that could reduce your charges or even get them dismissed altogether.
If you or anyone you know is facing felony DUI, or other criminal charges, contact an experienced DUI attorney like The Defenders. We are experienced in Nevada criminal defense and can provide you with the guidance, resources and help that you need. The Defenders can help guide you through the court process and aggressive negotiate on your behalf.
What Is Felony DUI?
Driving under the influence (DUI) in Nevada is commonly charged as a misdemeanor. This usually carries up to 6 months of jail time and $1,000 in penalties.
However, if there are “aggravating circumstances” during the arrest, you could be facing felony charges instead—which is considered a much more serious offense.
How Felony DUI Gets Charged
DUI charged as a felony, or a felony DUI, can take place in these three scenarios:
- This is your third DUI offense within the last seven years
- You have a prior felony DUI
- This incident caused someone to be injured or killed
Third DUI Charge Within Seven Years
One of the ways to get charged with a felony DUI is having a third “simple” DUI within seven years. As mentioned above, DUIs without special circumstances are charged as misdemeanors. First offenses usually get it easy. Second DUI offense, the penalties become steeper but still charged as a misdemeanor.
But if you get caught with DUI three times in the last seven years, that’s considered a category B felony according to Nevada law. On top of possible prison time and fines, driver’s license revocation/suspension will be mandatory upon conviction.
One important thing to remember is that it doesn’t matter whether you’ve been convicted of DUI in another state or in Nevada, it still counts as a DUI offense and can trigger the felony charge.
Prior Felony DUI Conviction
Having a prior felony DUI conviction on your record means that every other subsequent arrest for DUI is going to be charged as a felony. That makes it easier for prosecutors and judges to hand out harsher penalties for your third DUI offense.
This means that even if your “last” DUI was over 7 years ago, but it was a felony DUI conviction, any and all future DUI charges you get will be a felony charge.
DUI Resulting in Death or Injury
The most serious felony DUI offense is when you cause someone’s death or injury while driving under the influence. If convicted, you could face up to 20 years in prison and fines of up to $5,000, along with a possible revocation/suspension of your license.
This charge is treated even more seriously if there were aggravating factors such as high BAC levels, fleeing the scene of the crime, or driving recklessly.
Penalties for Felony DUI in Nevada
Penalties for felony DUI convictions differ depending on the type of offense and other details associated with the incident. Check out this summary of the penalties for felony DUIs:
Third DUI
- Category B felony
- 1-6 years in prison
- $2,000-$5,000 in fines
- Attendance at a victim impact panel
- License revocation for 3 years
- SR22 Nevada insurance requirement
- Installation of a breath ignition interlock device for 1-3 years
- Possible requirement of attending a felony DUI court for up to five years
- Possible Requirement to partake in substance abuse counseling and rehabilitation
Prior Felony DUI
- Category B felony
- 2 – 15 years in prison;
- $2,000 – $5,000 in fines;
- Attendance at a victim impact panel;
- License revocation for 3 years
- SR22 Nevada insurance requirement
- Installation of a breath ignition interlock device for 1-3 years
- Possible requirement of attending a felony DUI court for up to five years
- Possible Requirement to partake in substance abuse counseling and rehabilitation
DUI Resulting in Death or Injury
- Category B felony
- 2 – 20 years in prison;
- $2,000 – $5,000 in fines;
- Attendance at a victim impact panel;
- License revocation for 3 years
- SR22 Nevada insurance requirement
- Installation of a breath ignition interlock device for 1-3 years
- Possible requirement of attending a felony DUI court for up to five years
- Possible Requirement to partake in substance abuse counseling and rehabilitation
Possible Defenses to Felony DUI Charges in Nevada
If you’ve been charged with a felony DUI, it’s important to know that there are defense strategies available to you. These may include but not be limited to:
- The police officers administered the field sobriety tests incorrectly
- The defendant has a medical condition that caused a high blood alcohol content (BAC)
- The breathalyzer or blood test device were broken, not calibrated recently, or mishandled.
- Lack of probable cause for the arrest
It is important to note that these depending on the specifics of your case, some defenses may be more applicable than others. Your attorney will be able to advise you as to which defense strategies are available to you.
If you are facing felony DUI charges, it is important to consult with an experienced Nevada criminal defense attorney who specializes in DUI charges like The Defenders. Our lawyers can provide legal guidance and advice on how to best handle your case as well as formulate an effective defense strategy.
Related But More Serious Crime
Apart from the felony DUI charges described above, there’s a more serious criminal charge that you can receive if (1) you caused the death of another person while (2) driving under the influence, and (3) has three prior DUI convictions, whether they are all misdemeanors or from 20 years ago.
If all those three factors are present and proven, you may get charged with vehicular homicide.
Vehicular homicide carries the following penalties:
- Category A felony (which is the most serious offense)
- 25 years in prison or life in prison (with possible parole after serving 10 years)
Facing Felony DUI Charges? We Can Help
If you have been charged with a felony DUI in Nevada, it is important to talk to an attorney who specializes in criminal defense.
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 you are being falsely accused
- Go over the strengths and weaknesses of your case with you to give you an idea of how your case will stand up in court
- Inform you of all the legal options available to you
- Offer guidance, support and sound legal advice
Don’t let felony DUI charges ruin your life—get legal help today. Call us at (702) 333-3333 for a free case evaluation.
Frequently Asked Questions
What is the difference between a misdemeanor and felony DUI?
The differences between a misdemeanor and felony DUI are largely determined by the severity of any damage or injury caused as a result of the incident. For example, a police pulls you over because your vehicle was swerving in and out your lane. There were no property or bodily harm. This can be a “simple” DUI and you get a midsemeanore charge. On the other hand, felony DUIs usually get charged for repeat offenders and/or accidents involving physical injuries and even death resulting from an individual’s recklessness or negligence. Furthermore, sentencing for felonies will be much harsher than those imposed on misdemeanors in terms of jail time and fines.
What is a felony DUI?
Felony DUI is a criminal offense which is charged when an individual operates a motor vehicle while under the influence of drugs or alcohol and causes serious personal injury or property damage to someone else. Additionally, felony DUIs may also be charged if an individual has multiple DUI convictions within a certain time frame. Felony DUIs can lead to severe consequences including time in prison, heavy fines and a potential loss of driver’s license.
When is a DUI a felony?
A DUI can be charged as a felony when an individual causes serious personal injury or property damage to another person while driving under the influence of drugs or alcohol. Additionally, repeat offenders may also get charged with a felony DUI if they have multiple convictions within a 7-year period.
What happens when you get convicted of felony DUI?
When someone gets convicted of a felony DUI, the consequences depend on several factors including the severity of any damages or injuries caused as a result of their driving and also if they have prior convictions. Felony DUIs carry up to $5,000 in fines and up to 20 years in prison. Furthermore, a person may also get their license suspended, installation of ignition interlock device, and alcohol/drug treatment court. Additionally, those convicted of a felony DUI may also face difficulty when it comes to finding employment or housing.
What are common defenses for felony DUI?
There are several potential defense strategies for a felony DUI charge. These can include insufficient evidence, an invalid traffic stop or arrest, rising blood alcohol content, medical conditions and more. An experienced attorney can help you evaluate your case and determine the best defense strategy for you.
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