DUI Lawyer For Second DUI Offense
DUI Charges For A Second Offense
Prosecutors in Las Vegas and across Nevada spend a lot of time, energy, and resources going after DUI convictions, especially if it’s a second DUI offense or greater. Penalties for a second DUI conviction within seven years of a previous DUI conviction include mandatory jail time, high fines, Victim Impact Panel, license suspension, and more.
While DUI charges can be challenging to overcome, there are potential defenses that can lead to decreased charges or dismissal. It’s in your best interest to contact a Las Vegas DUI attorney as soon as possible, so they can begin working on your case.
If you’ve been charged with a second DUI within seven years, your freedom, finances, and current lifestyle are at risk. Don’t gamble with your future. We’re here to help.
Contact a skilled Nevada DUI lawyer at The Vegas Lawyers or give us a call at (702) 707-7000 to schedule your free initial consultation today.
What Happens When You Get a Second DUI in Nevada?
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:
- Jail Time: 10-days to 6-months in jail. A judge may order community service, house arrest, or rehab programs in lieu of jail time.
- Fines: Ranging from $750 – $1,000, in addition to court costs.
- License Suspension: Second DUI convictions garner a 1-year license suspension, plus a $35 civic penalty.
- DUI School: Courts require convicted 2nd-time DUI offenders to complete a state-approved alcohol awareness program costing approximately $100.
- Victim Impact Panel: You must also attend a MADD Victim Impact Panel
- Ignition Interlock Device: If your BAC was above .18 percent, you are required to install an ignition interlock device for up to three years after your license suspension.
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.
When Is A Second DUI Considered A Felony?
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:
- Incarceration for a period of 2 – 20 years
- Fines of $2,000 – $5,000
- Victim Impact Panel
- Mandatory installation of an ignition interlock device at your own expense
- License revocation for three years
How Are Prior Convictions Determined?
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.
Can You Avoid Jail Time For A Second DUI?
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:
- Substance Abuse Treatment Program: Depending on the circumstances of your arrest and a professional diagnosis of substance abuse, you may qualify for Misdemeanor DUI Court – which is a rigorous rehab program.
- Negotiations With Prosecution: A determined and experienced Las Vegas DUI lawyer can potentially negotiate decreased charges, lessened penalties, or a dismissal.
- Leniency From a Judge: It’s typically not recommended to rely on the leniency of a judge. However, judges can impose probation, community service, house arrest, etc. instead of jail time. They may also suspend your sentence so long as you stay out of trouble for a specific period.
Qualifying For Nevada Substance Abuse Treatment Programs
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.
Potential Defenses To A Second DUI
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:
- Procedural mistakes made by the police
- Medical conditions or medications that lead to higher BAC readings
- Faulty DUI breath test device
- Mistakes made by lab technicians or medical professionals when handling blood
- Lack of probable cause for being pulled over
- Rising blood alcohol rates
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.
How Can A Nevada DUI Lawyer Help Me?
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.
We Can Help – Contact The Vegas Lawyers Today
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.