In Nevada, driving under the influence of alcohol or drugs is typically considered a misdemeanor offense. However, a DUI can be charged as a felony if:
- You cause an accident resulting in death (vehicular homicide)
- You have a previous felony DUI conviction
- You are the proximate cause of substantial bodily harm or death
- This is your third offense within 7 years
In such cases, most felony DUI prosecutions in Nevada are classified as Category B Felonies. These carry the following penalties:
- A fine of up to $5,000
- One to six years of prison time
It is important to note that prior DUI convictions in any state or U.S. territory are considered in these scenarios.
1. Penalties Related to a Nevada DUI
| Felony-Level DUI Conviction | Penalties in Nevada |
| NRS 484C.400(1)(c): 3rd-time DUI | Category B felony: Imprisonment in state prison between one to six years, a fine between $2,000 to $5,000, and the Court may order person to attend a treatment program for alcohol or other substance abuse |
| NRS 484C.440: Vehicular homicide | Category A felony: Imprisonment in state prison, either: – for life with the possibility of parole, with eligibility for parole beginning after 10 years has been served, OR – for a definite term of 25 years, with eligibility for parole beginning after 10 years has been served |
| NRS 484C.430:DUI causing death or substantial bodily harm | Category B Felony: Imprisonment in state prison for 2 to 20 years, a fine of $2,000 to $5,000 |
| NRS 484C.410:DUI following a previous felony conviction | Category B Felony: Imprisonment of between 2 to 15 years, a fine between $2,000 to $5,000 |
| * If the accused was found guilty of transporting a minor under the age of 15, the court will view it as an aggravating factor. As a result, the judge may impose a more severe penalty than they would have otherwise. | |
If the defendant receives a prison sentence, they will likely serve it in a minimum-security correctional facility. Additionally, efforts will be made to keep them separated from violent offenders.
It is important to note that the Nevada Department of Motor Vehicles has the authority to suspend a defendant’s license, regardless of whether or not the charges against them are dropped.
2. Is it Possible to Get Your Felony DUI Charge Reduced to a Misdemeanor Charge?
Defendants facing a 3rd-time DUI charge may have the opportunity to get their charge reduced to a 2nd -time DUI or misdemeanor by participating in the Felony DUI Court alternative sentencing program. This program, also known as the Serious Offenders Program, is a rigorous rehabilitation program that typically takes three to five years to complete.
A person may be eligible for the Serious Offenders Program if they:
- Are diagnosed as a person with an alcohol or other substance use disorder by
- Agree to pay the costs of the treatment to the extent of their financial resources
However, if sufficient evidence justifies a felony charge, prosecutors are not permitted to reduce it to a misdemeanor. Therefore, defense attorneys must demonstrate to prosecutors that the evidence is lacking.
For example, a 3rd-time DUI charge can be reduced if there are inadequate records of the defendant’s previous DUI convictions. Similarly, a DUI with injury charge should be reduced if the prosecutor cannot prove that the defendant being intoxicated led to an accident.
There is some useful evidence that could aid in reducing a felony charge for drunk or drugged driving. These include:
- Court records
- Eyewitnesses
- Medical records
- Surveillance video
In section four, you may find some defense strategies that could potentially lead to the complete dismissal of a DUI charge at a felony level.
3. Can Your Conviction Record Be Sealed?
In Nevada, it is not possible to have felony drugged or drunk convictions sealed. However, if the charge is reduced to a misdemeanor-level DUI, the record can be sealed seven years after the case’s conclusion. Alternatively, if the charge is dismissed, the case can be sealed immediately.
4. Some Defenses Related to a Felony DUI Charge
Some defenses for felony-level DUI include proving that:
- You suffered from medical issues such as GERD, which led to an inaccurately excessive BAC on a breathalyzer test.
- You had rising blood alcohol.
- The blood or breath testing device was defective, or the tests were administered incorrectly.
- The FSTs (field sobriety tests) were administered incorrectly by the law enforcement official.
- The police didn’t have any probable cause to suspect you of DUI.
- A sufficient quantity of alcohol was consumed after driving or being in physical control of the vehicle and before blood or breath was tested
In the court of law, it is the responsibility of the prosecutors to prove the guilt of the accused beyond a reasonable doubt. However, the case should be dismissed if the defense lawyer can demonstrate that the state’s argument is flawed or contradictory and fails to meet this standard.