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According to NRS 484C.400, 2nd DUI offenses within seven years are generally classified as misdemeanor offenses. A judge can impose minimum or maximum sentences depending on the circumstances of your case. Penalties for a second-time DUI offense include:
Depending on the circumstances of your case, previous criminal record, and caliber of DUI defense lawyer hired, there are ways to have DUI charges reduced or dismissed.
If your second DUI resulted in an accident causing injuries or death, it could be classified as a felony DUI offense. Felony DUI charges come with more severe penalties, including:
DUI convictions essentially reset after seven years. Typically, prior convictions occurring seven years or more before a current charge are not counted when determining a “DUI count.” It’s important to remember that out of state DUI convictions within seven years are counted by Nevada.
Judges have the authority to impose strict prison sentences on defendants convicted of a second DUI offense. However, there are potential methods that help you to avoid most or all of a jail sentence, including:
As mentioned above, second-time DUI offenders have the option to apply for a substance abuse treatment program before sentencing occurs. If they are qualified and accepted into the program, the defendant’s sentence is suspended while the driver completes the program.
They can also get their license back sooner. Eligibility requires a professional diagnosis of alcohol or drug abuse, the ability to pay for treatment, and five days of jail time.
Just because you’re charged with a second-time DUI doesn’t mean that it will lead to a conviction. An adept DUI criminal defense lawyer in Las Vegas can mount a strong defense depending on the circumstances of your DUI case. Common defenses include:
In order to apply the appropriate defense to your case, your Las Vegas DUI lawyer will thoroughly investigate all details of your case, including the police report, eyewitness testimony, how BAC was determined, etc.
District Attorneys won’t reduce or drop second DUI charges unless they are convinced they can’t produce conclusive evidence that determines guilt beyond doubt.
A skilled DUI lawyer’s objective is to convince the prosecution that they don’t have enough evidence to prove your guilt in a trial. If successful, the prosecutor is more likely to offer a plea bargain or drop the charges altogether.
Your lawyer can help to potentially have your charges reduced to something like a reckless driving charge or even dismissed. They can also attend court hearings, DMV hearings, file motions, negotiate with the prosecution, etc. on your behalf.
While it’s possible to defend yourself against a 2nd DUI charge, it’s usually not recommended.
If you’ve been arrested and charged with a second DUI in Nevada, you don’t have to go it alone. We’re here to help every step of the way. Our highly-rated Nevada DUI lawyers and skilled paralegals have the experience, determination, and ability to help you receive the least amount of penalties possible under the circumstances.
It’s okay to gamble in Las Vegas with your expendable income, but not with your freedom.
We routinely handle second DUI offense cases throughout southern Nevada, including Las Vegas, North Las Vegas, Henderson, Summerlin, Green Valley, Mesquite, Laughlin, Boulder City, Searchlight, Goodsprings, Pahrump, and beyond.
Contact The Vegas Lawyers or give us a call at (702) 707-7000 to schedule your free initial consultation today.
At The Vegas Lawyers, we know that it’s not just about your case… it’s about your life!
Anthony Abbatangelo ESQ.
Michael Humphreys ESQ.
Arelice Parra
Paul Padda ESQ.
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Disclaimers: The information contained herein is not intended, nor should it be relied upon as legal advice. Because each situation is different, a person seeking advice regarding a particular situation should consult in person with an attorney.
