DUI Lawyer For Third DUI Offense
What Happens When You Get Your 3rd DUI?
Getting a third DUI conviction in Las Vegas or anywhere in Nevada is a serious offense. Nevada classifies third DUI convictions within seven years as a Category B felony. This can lead to extensive prison time, high fines, a lengthy license suspension, and more.
If you’ve been charged with a third DUI in Nevada, it’s in your best interest to seek legal counsel as soon as possible.
Defending against a third-time DUI offense is no easy task. However, a skilled Las Vegas DUI lawyer can significantly increase your chances of decreased charges, dismissal, or reduced penalties.
Don’t gamble with your future when you don’t have to. We’re here to help.
Contact The Vegas Lawyers or give us a call today at (702) 707-7000 to schedule your free initial consultation.
Learn more below about third-time DUI offenses in Nevada.
What Is A Third DUI?
Nevada DUI laws are similar to laws in just about every state. Generally, a DUI is defined as:
- An individual operating a motor vehicle on a public road with a blood alcohol content (BAC) over .08 percent
- A person’s driving ability is diminished or impaired due to alcohol or drugs
- A driver has an illegal amount of specific drugs in their system
For drivers under 21, their BAC must be under .02 percent. Commercial drivers must maintain a BAC under .04 percent when operating their commercial vehicle.
You could face a 3rd DUI charge if you have two prior Nevada DUI convictions (or from any state) within the last seven years.
It’s important to note that if you plead guilty or no-contest to a third DUI charge in Nevada, you are required to sign an “admonishment of rights” form. This form informs the driver that any subsequent DUI convictions will be charged as felonies, without exception.
Penalties For A Third DUI In Nevada
The penalties for a third-time DUI conviction can be harsh. They can affect your present and future in significant ways. If you’re convicted of a third DUI, penalties will include:
- 1 – 6 years in prison
- Fines from $2,000 – $5,000
- Mandatory attendance of MADD Victim Impact Panel
- Evaluation for alcohol or drug dependencies
- 3-year license suspension
- Installation of a breath interlock device at your own expense
Can You Beat A 3rd DUI? – Potential Defenses
The District Attorney’s office is obliged by law to prosecute all DUI cases unless they don’t have adequate evidence for a conviction. Your Las Vegas DUI lawyer’s job is to prove to the prosecution that their case is weak and will likely lead to a not guilty verdict if it goes to trial.
With this in mind, a skilled third DUI offense attorney has various defense strategies they can deploy depending on your case’s circumstances. Potential defenses to a third DUI charge can include:
- Procedural errors committed by the police
- Invalid reason for the stop – no probable cause
- Certain medical conditions such as GERD, diabetes, and acid reflux
- Faulty or non-calibrated breath test devices
- Mishandled blood samples
- Uncertified technicians
In many cases, DUI charges end with a plea bargain. However, some still go to trial. Defendants that decide to go to trial can choose between a bench trial or a jury trial. While jury trials are lengthy, a jury tends to be more sympathetic than criminal court judges.
Can I Avoid Prison Time For A Third DUI?
Potentially, yes. If you qualify for Federal DUI Court, an intensive 3-5 year rehabilitation program, you can potentially avoid prison time.
Defendants that successfully complete the drug or rehab program may have their third DUI charge reduced to a second DUI charge, a misdemeanor. Learn more about Felony DUI Court below.
What Is Felony DUI Treatment Court (FDUI)?
Felony DUI Court is an intensive rehab program for qualifying defendants who are professionally diagnosed with a drug or alcohol substance abuse disorder.
The program consists of a three to five-year substance abuse program substituted for a 1-6 year prison sentence.
Eligibility requirements include:
- At least three DUI charges within seven years
- Professional diagnosis for alcohol or substance abuse disorders
- Defendants who have previous felony DUI convictions or have completed Federal DUI Court in the past are not eligible
The treatment program includes randomized drug testing, individual/group counseling, case management, community supervision, outpatient support, electronic alcohol use monitoring, and consistent court status check reviews.
Is There A Way To Seal My Record?
If you are convicted of a third DUI in Nevada, you can’t seal your record. It will stay on your record for the rest of your life. However, if your DUI lawyer can negotiate decreased charges, you complete Federal DUI Court, or your charges are dismissed, you can potentially have your record sealed. To learn more about record sealing and what is and isn’t possible, click here.
Should I Hire A Nevada DUI Lawyer?
Defendants charged with a third-time DUI in Las Vegas or anywhere in Nevada face up to six years in Nevada State Prison. With this in mind, a proven DUI lawyer can let you know if you’re eligible for Felony DUI Court, investigate your case, craft a strong defense strategy, and fight to have your charges reduced or dismissed.
Representing yourself against an experienced and highly motivated prosecutor is rarely recommended, especially for felony cases. There is too much at stake.
Contact The Vegas Lawyers Today – We Can Help
If you’ve been arrested for a third DUI in Las Vegas, Henderson, Summerlin, Green Valley, Boulder City, North Las Vegas, Mesquite, Laughlin, Goodsprings, Searchlight or Pahrump, we can help. Our team of experienced DUI lawyers and skilled paralegals have earned The Vegas Lawyers a reputation as one of the best DUI law firms in Las Vegas for a reason; we care about our clients.
We understand good people sometimes make mistakes. It’s how they respond to them that makes the difference.
Whether you’re a Nevada resident or an out of state visitor, we have the experience, skill, and determination to help you receive the least amount of penalties possible under the circumstances.
Don’t gamble with your future. Contact The Vegas Lawyers through this website or give us a call at (702) 707-7000 for your free initial consultation today.