Third Offense DUI in Nevada: What to Expect, Penalties, and More

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You’ve already gotten DUI one and two so what happens when you get DUI number 3 in Nevada?

You face third DUI charges in Nevada if you have two prior arrests for DUI in seven years in any other state or Nevada. It does not matter where you got them, just that you got them within a 7 year period.

You also face third offense DUI charges if you got arrested without causing serious injury or death to another while driving under the influence.

A third DUI is a game changer for most people because it is now considered a felony and not just a misdemeanor anymore.

If you have been arrested for a 3rd offense DUI you should contact a defense attorney that specializes in multiple DUI cases immediately. There are certain things that can be done to minimize the long term outcome of third DUI charges but immediate action is necessary.

What Are the Penalties for a 3rd DUI Offense

If you are arrested and convicted of a 3rd DUI offense the following are the standard penalties:

• One to six years in Nevada state prison
• A fine of $2000-$5000
• Victim impact Panel attendance
• An alcohol and drug dependency evaluation-if it is determined by the administrator of the evaluation that you have a drug or alcohol problem you may be forced to attend a treatment facility as part of your penalties
• A loss of license for 3 years
• You will need to place a breath interlocking device in your vehicle for up to three years

These are just the standard penalties for a third offense DUI; however, the court can impose much harsher penalties if you injured or killed another person while driving under the influence.

What Is Considered DUI in Nevada

Before you get arrested for DUI in Nevada, you should know what DUI actually is:

• Your driving of a motor vehicle is impaired by drugs or alcohol
• You have a blood alcohol content (BAC) of .08% or higher or
• You have illegal quantities of certain drugs in your system

What Happens on Your Third DUI

If you plead guilty or no contest to a 3rd DUI, you will be forced to sign an “admonishment of rights” form. This form informs the defendant that any future DUI charges will be charged as felonies even if you didn’t cause an accident or injury to another.

Will I Lose My License?

Any DUI conviction will come with a revocation of your Nevada driver’s license.

For each DUI conviction, the time will get longer. For example, the DMV will suspend your license for 1 to 3 years for a 3rd DUI offense.

It may be possible to get a restricted license after one. A restricted license will allow you to drive to certain places like to work and then home, or to drive certain hours for work. You must apply to get a restricted license from the Nevada DMV.

Even if your case is dismissed in court, the DMV can still suspend your license since they are separate entities and considered their punishments separately.

You also must seek a DMV hearing after being arrested for any DUI but especially the 3rd. A DMV hearing for a DUI arrest must be requested within 7 days of being notified about their suspension.

Usually, if you request a hearing you can continue to drive until the results of the hearing. Since the DMV and criminal court are separate, you must win in both to avoid having your license suspended.

Even though the DMV is not a criminal court, in most cases your defense attorney will attend the DMV hearing for you. Unless there are some very rare circumstances, you will lose the DMV hearing and your license will be suspended anyway.

If you are lucky enough to apply and get a restricted license you will most likely be required to put an interlocking breath device into your car for up to 3 years.

This is a device you blow into to start your vehicle. You must not have any alcohol on your breath or the device will not start your car.

You are liable for all costs incurred when getting this device. The device and installation can be up to $1000. You will also have to have the device removed after your sentence has been completed and that is about $500.

Losing your license for 3 years, you will be required to retake the DMV written test and even the road test in some cases to have your license reinstated. There will be a $125 reinstatement fee as well.

You will also be required to have SR-22 insurance through the DMV for 3 years after you get your license back even if you don’t own a vehicle.

SR-22 insurance is a statement of financial responsibility issued by your insurance company. SR-22 insurance will cause your insurance rates for car to spike and in some cases you will be dropped by certain insurance companies.

How to Avoid Jail Time for 3rd Dui

A third DUI is a grave offense that has been upgraded to a felony, punishable with up to six years of imprisonment. But if you have an effective DUI defense lawyer by your side, there may be possibilities for avoiding incarceration.

A defense lawyer is a must after being arrested for a third DUI in Nevada. They can get you an option to avoid prison time altogether. You can be accepted into the Felony DUI Court (Serious offenders program). This is a 3 to 5 year intensive rehabilitation program.

To be successful at this program you must complete the following:

1. Period of house arrest or home confinement
2. Random drug and alcohol testing
3. Wearing an ankle monitor or SCRAM alcohol detection device( a device that detects alcohol in a person’s sweat)
4. Counseling or rehab required most likely on a weekly basis
5. Court monitoring or probation

You must be accepted to this program by the court. In order to be accepted, your attorney must show you are not a habitual offender and may have a drug and alcohol problem.

If you complete this intensive program you may have your 3rd DUI, a felony reduced to a misdemeanor or 2nd DUI.

However, if you are ever arrested again for DUI it will be a fourth DUI and will be considered a felony.

3rd DUI Offense Defenses

Usually, most charges can be reduced or dismissed; however, in the case of DUI offenses, the court and prosecutors are prohibited from reducing or dismissing a DUI charge.

The only way to fight DUI charges is with evidence to prove that the prosecutor’s case is weak and the charges need to be dropped.

There a few possible strategies a defense team may use to get the DUI dismissed

• Lack of probable cause-If the police had no reason to pull over the defendant the case should be dropped
• Police mistake-If the police violated the very strict field sobriety test rules the result of that test can be thrown out.
• Medical Condition-certain medical conditions can cause inaccurate BAC results. You must have medical records to prove that you have these medical conditions. Some examples are:

1. 1. Acid reflux
   2. Diabetes
   3. Dentures or other orthodontic devices
   4. Heartburn
   5. Low-carb diet

• Rising Blood Alcohol-BAC rises after you stop drinking , so may be within your legal limits while driving but hours later when the test is administered your BAC might be higher.
• Faulty chemical test equipment-The Intoxilyzer 5000 EN is the machine used to administer breathalyzer tests could be defective. Any results from a faulty machine are invalid.
• Lapsed Certification-only certified personnel can administer either a blood test or breathalyzer tests. If the licenses are lapsed the tests are also invalid.

Most DUI cases end in a plea by the defendant to avoid a trial that could lead to more severe penalties. You are however entitled to a bench trial, where the judge will decide your case.

You can request a jury trial but most attorneys will tell you it’s not a good idea since most people are not sympathetic to defendants charged with DUI.

Hire The Defenders for DUI Cases in Nevada

The Defenders are the DUI specialists of Nevada.

We have been representing clients charged with all DWI offenses for many years.

If you have been charged with a DUI offense call The Defenders today.

We can consult on how to create a successful defense against the DUI charges. We can advise you on whether or not you can qualify for the Serious Offenders Program. We can attend your DMV hearing and any court appearances you are required to attend.

If we can’t get the charges dismissed, we may work out a plea that can mitigate the penalties to the lowest possible.

Call and schedule and appointment with The Defenders if you have been charged with #3rd offense DUI.

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