DUI Sentencing: Factors That Affect Your Penalty
If you are facing charges for driving under the influence (DUI) in Las Vegas, you are undoubtedly concerned about the outcome of your case. While every DUI prosecution is unique, it is important to understand what your DUI sentencing is likely to include if you are convicted.
Understanding DUI Charges in Las Vegas
In the State of Nevada, you can be charged with driving under the influence (DUI) if you are operating a motor vehicle on a public roadway while any of the following apply:
• You are under the influence of intoxicating liquor.
• You have a concentration of alcohol of 0.08 or more in your blood or breath.
• You are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath.
• You are under the influence of a controlled substance, chemical, poison, or organic solvent.
• You are under the combined influence of intoxicating liquor and a controlled substance.
• You have an unlawful blood level of certain drugs (as defined in the statute).
If this is your first or second DUI within a seven-year period, you will be charged with Misdemeanor DUI unless there are aggravating circumstances. A third DUI within that seven-year period can be charged as a Class B Felony. DUI can also be charged as a Class B Felony if you have a previous felony conviction for driving under the influence or causing substantial bodily harm or death during the commission of the offense. Finally, a DUI can be a Class A Felony in Nevada if you cause the death of another person (vehicular homicide) while driving under the influence and you have three or more previous convictions for DUI.
DUI Sentencing for a Misdemeanor
The DUI sentencing penalties first your Misdemeanor DUI in Las Vegas may include from two days to six months in jail or 48 to 96 hours of community service, a license suspension of 180 days, mandatory attendance at a victim impact panel, and attendance at DUI school along with fines of up to $1,000 and court costs. For a second Misdemeanor DUI within seven years in Nevada, you face a jail term of 10 days to six months, installation of an ignition interlock device for six months to three years, mandatory attendance at a victim impact panel, attendance at DUI school, fines of up to $1,000 and court costs.
DUI Sentencing for a Felony
If you are convicted of a third DUI within a seven-year period you face DUI sentencing for a Class B Felony which may include a term of imprisonment of one to six years, a fine of $2,000 to $5,000, mandatory attendance at a victim impact panel, a license suspension of three years, and the installation of an ignition interlock device in your vehicle for one to three years.
The penalties you may face for conviction of a Class B Felony DUI based on having a previous felony DUI conviction include two to 15 years in prison, a fine of $2,000 to $5,000, mandatory attendance at a victim impact panel, a license suspension of three years, and the installation of an ignition interlock device in your vehicle for one to three years.
DUI sentencing for a Class B Felony based on causing substantial bodily injury or death includes a prison term of two to 20 years, a fine of $2,000 to $5,000, mandatory attendance at a victim impact panel, a license suspension of three years, and the installation of an ignition interlock device in your vehicle for one to three years.
If you are charged and convicted of vehicular manslaughter as a Class A Felony in Nevada, you face all the penalties above plus a term of imprisonment of 25 years to life.
Non-Judicial Consequences of DUI Sentencing
When contemplating the potential DUI sentencing possibilities, it is equally important to consider the non-judicial consequences of a DUI conviction.
The financial costs of a DUI conviction can be tremendous. Along with hefty fines and court costs, you may be required to pay for the cost of supervising you during any term of probation, the costs of installing and monitoring an ignition interlock device, and the costs associated with alcohol or drug rehabilitation. Moreover, your vehicle liability insurance premiums may increase by 50 percent or more for up to three years following a DUI conviction.
A DUI conviction may impact your current or future employment opportunities, particularly if they require you to operate a company vehicle. In addition, individuals who hold a professional license, such as teachers, attorneys, or healthcare professionals, may face professional discipline, up to and including the revocation of their professional license if they are convicted of a DUI.
What Should I Do If I Am Charged with DUI in Las Vegas?
If you are facing DUI charges in Las Vegas, contact an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss how to avoid ending up with a DUI conviction. Call us at 702-707-3000 or contact us online.