Penalties are Exponentially Worse for a Second or Third DUI in Nevada
Being convicted of one DUI is a difficult situation to overcome, but returning to your life after a second or even third DUI in Nevada is even tougher. Jail/prison time is mandatory in the state of Nevada with a second or third DUI offense. A person must serve a sentence of at least ten days if convicted of a second DUI. A third DUI in Nevada carries a mandatory one-year minimum prison sentence and a person can serve up to six years, depending on the severity of the situation. These jail/prison sentences are in addition to fines and required rehabilitation classes. The best way to avoid DUIs is to not drink and drive, but we all make mistakes, so if you have been charged with a second or third time drinking and driving then this is what you need to know:
Second DUI in Nevada
A person faces a second DUI charge in Nevada when they are arrested for a DUI and they have a prior DUI from any state within the last seven years. A person will be charged with a DUI if their blood alcohol content is a .08 or higher or a toxicology screening shows they have unlawful quantities of controlled substances or wine in their blood.
You will go to jail for a Second DUI. The state of Nevada has a mandatory jail sentence. However, the judge has wide discretion to allow a defendant to serve the time in home confinement, but the judge could order the full six months in jail. There is a $750 – $1,000 fine the defendant will have to pay, as well as comply with several court-ordered provisions. These provisions include attending a Victim Impact Panel, a court-ordered rehabilitation program, a one-year license revocation or the installation of an ignition interlock device for 185 days or more!
Third DUI in Nevada
If someone is arrested a third time for DUI in a seven-year period, they are charged with a Third DUI. This is treated as a Category B felony, even if no one was injured. The penalties and fines associated with this conviction are much steeper than the Second DUI. Someone convicted of this crime will be ordered to have a breath interlock device installed, but the device could be installed for up to three years in their car.
There is a mandatory one to six-year prison sentence and a person must pay $2,000 – $5,000 in fines. Their license is also revoked for three years with the possibility of a provisional license with the installation of a breath interlock device.
DUI Court for a Third DUI in Nevada
It is possible to have a Third DUI sentence reduced to a Second DUI and avoid prison time if the defendant completes the Felony DUI Court program pursuant to NV SB277. This “DUI diversion” program involves intense alcohol/drug counseling for a minimum of 3 years. It also requires the first 6 months of the program to be done on house arrest (but you can go to work). If successfully completed, the Third DUI will be reduced to a Second DUI, which is a misdemeanor. This is a great way to avoid prison and a felony conviction.
Jesse Kalter is an Experienced Second and Third DUI Lawyer
Judges do not look favorably on repeat offenders. They hand out stricter sentences and heavier fines to teach defendants a lesson. They are especially strict on repeat DUI defendants as it is a matter of public safety. If someone has been charged with a Second or Third DUI in Nevada, they need experienced legal help to get the best possible outcome. Jesse Kalter has a tenacious pursuit of justice. He has earned numerous not-guilty verdicts, dismissals, DUIs reduced, and gotten DUI sentences themselves drastically reduced. He is here to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.
Don’t let a Second or Third DUI in Nevada Completely Ruin Your Life
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
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