The Consequences of a Second DUI Offense: Why You Need an Experienced Lawyer

Vee Jae Budomo on March 25, 2025

Despite a concerted effort by governmental agencies as well as numerous advocacy groups to warn people about the dangers of drinking and driving, arrests for driving under the influence (DUI) continue to occur at an alarming rate throughout the United States. If you have a previous conviction for DUI in Las Vegas, and are now facing a second DUI prosecution, it is crucial to understand that a conviction for a second DUI exposes you to significantly harsher penalties. As a repeat offender, you may face mandatory jail time, increased fines, a longer license suspension, and other negative consequences. Without a strong legal defense, you could find yourself dealing with life-altering consequences, which is why you need an experienced second offense DUI lawyer on your side. 

Second Offense DUI Lawyer - The Vegas Lawyers

First Offense DUI Laws in Nevada

Driving under the influence (DUI) is governed by Nevada Revised Statute §484C.110 which makes it illegal to operate a motor vehicle:

  • While impaired by drugs or alcohol.
  • With a blood alcohol content (BAC) of 0.08% or higher.
  • While under the influence of a controlled substance.

In the absence of aggravating circumstances, a first-time DUI is charged as a misdemeanor in Las Vegas. A conviction for a first-time DUI is punishable by up to six months in jail, a fine of $400 to $1,000, and the loss of your driving privileges for up to six months. You may also be required to attend a Victim Impact Panel, pay for drug and alcohol evaluations and rehabilitation, and perform community service as conditions of probation for a first-time DUI conviction.

How Do the Penalties Increase for a 2nd DUI Conviction in Nevada?

If you are arrested and charged with DUI for a second time within a seven-year period in Nevada, you will still be charged with a misdemeanor offense; however, the potential penalties will increase. If convicted of a second DUI within a seven-year period, you must serve a mandatory 10 days in jail but can be sentenced to up to six months in jail. In addition, the minimum fine increases to $750, the license suspension period increases to one year, and you may be required pay for the installation and monitoring of an ignition interlock device (IID) on your vehicle.

Can a 2nd DUI Be Charged as a Felony in Las Vegas?

In Nevada, you will usually be charged with a misdemeanor for a 2nd DUI within a seven-year period; however, if any of the following circumstances apply, you could be charged with a felony for driving under the influence in Las Vegas:

  • You have a previous felony DUI conviction which will elevate the offense to a Class B felony.
  • You caused substantial bodily harm or death to another person while driving under the influence, which also results in being charged with a Class B felony.
  • If you have at least three prior DUI convictions, and you caused a death, you can be charged with DUI as a Class A felony.

How Can a Second Offense DUI Lawyer Help Me?

If you are facing a second DUI charge in Las Vegas, it is in your best interest to have an experienced DUI defense lawyer on your side throughout the prosecution of your case. A second offense DUI lawyer can help you in several important ways, including:

  • Protecting Your Rights: As the defendant in a criminal prosecution, you have numerous constitutional rights that can help protect you. Your lawyer will make sure these rights are not violated and, if a violation has already occurred, will address it with the court.
  • Challenging the Evidence: Your attorney will review the facts and circumstances related to your arrest to determine if there are any issues with the traffic stop, breathalyzer test, or any other evidence in your case. If there was a violation of procedure or your rights, your attorney may be able to get evidence excluded, meaning it cannot be used against you at trial. 
  • Negotiating with Prosecutors: If a conviction appears inevitable, your lawyer will negotiate on your behalf to try and get a favorable plea agreement that could include reduced charges, alternative sentencing options, and reduced costs.
  • Minimizing Penalties: If you are convicted at trial, an experienced attorney will advocate on your behalf at your sentencing to try and secure a minimum term of imprisonment followed by alternative sentencing such as house arrest or a rehabilitation program. 

What Should I Do If I Am Charged with a Second Offense DUI in Las Vegas?

If you have been charged with a second offense DUI in Las Vegas, consult with the experienced Las Vegas DUI defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.