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Defending Against a 3rd DUI Charge in Nevada

In Nevada, a 3rd DUI charge within the time frame of 7 years is considered a Category B felony. If you are convicted of a 3rd DUI in this time, you can face a minimum of 1 and a maximum of 6 years in prison AND fines that can start at $2,000 and go up to $5,000. In addition, you may be ordered to attend a program for treatment of alcohol or substance use disorders.

The penalties for a 3rd DUI include:

  • Up to 6 years in a Nevada State prison
  • Up to $5,000 in fines
  • Victim impact panel attendance
  • Drug dependency evaluation and rehab, if it becomes necessary,
  • Your driver’s license being revoked for three years

Besides this, you will have to keep an ignition interlock device with you in your vehicle for up to three years after serving the six-year prison sentence.

What Is a Third-Time DUI in Nevada?

You can face DUI-3rd charges if:

  • You are arrested for DUI without killing or injuring anyone,
  • You have two previous DUI convictions in the past seven years

A DUI occurs if any of the following are true:

  • Your driving is affected due to alcohol or drug consumption
  • Your blood alcohol level is at or above 0.08%
  • Your blood contains illegal quantities of certain drugs.

Pleading guilty or no contest to a DUI-3rd charge will lead to signing an ‘admonishment of rights’ form. The form states that any later DUI arrests will be charged as felonies, even if no one gets harmed.

Will You Lose Your License?

A Nevada DUI-3rd arrest can result in your driver’s license being revoked for three years, though it’s possible to get it back earlier if you use an ignition interlock device.

In fact, even if your case is dismissed by criminal court, your license can still be suspended. This can be contested by your attorney at an administrative hearing. After three years pass, you’ll have to pass another driving test to get your license.

You will also have to provide SR-22 documentation for three years, even if you don’t own a vehicle.

How to Fight the Case

Nevada prosecutors can’t dismiss or lessen DUI charges unless their evidence is insufficient. Therefore, your defense attorney will have to work to show that the evidence in question is not enough to result in a conviction.

Different possible DUI defenses can be used:

  • A mistake by the police
  • Lack of probable cause
  • Sobriety tests were not properly administered
  • Medical conditions like GERD, diabetes, hypoglycemia,
  • Faulty test equipment
  • Lapsed certification of the technicians involved
  • Rising blood alcohol

Can You Do DUI Court Instead of Prison?

If you get into the Felony DUI Court or the Serious Offenders Program, you can be exempt from prison and instead attend an intensive 3-5 year rehab program. This process costs about $10,000 to $15,000 over the course of 3 years for the cost of treatment and the ignition locks.

This will usually involve:

  • Home confinement
  • Tests for alcohol and drugs
  • Wearing a SCRAM alcohol detection anklet
  • Ignition interlock device
  • Counseling
  • Court Monitoring

If you successfully complete the program, the DUI-3rd charge is reduced to a DUI-2nd, which is classified as a misdemeanor, by Nevada law. However, if you fail to complete the program you are sentenced to the DUI-3rd which results in a prison sentence.

Can You Seal Your Record?

Criminal records for DUI-3rd convictions cannot be sealed, but those that are plea-bargained down or dismissed can.

Nevada DUI ConvictionRecord Seal Wait Time
DUI 1st or 2nd7 years after date of release from actual custody or from date when person is no longer under suspended sentence, whichever occurs later.
Reckless Driving1 year after date of release from actual custody or from date when person is no longer under suspended sentence, whichever occurs later.
Dismissal (no conviction)Immediately

Can You Keep Your Gun?

Those convicted of a DUI-3rd in Nevada are convicted of a felony and are not allowed to keep their firearms. Only a governor’s pardon can get gun rights restored.

Accused of a DUI in Nevada? We Can Help!

If you’ve been accused of a DUI, contact us! We can help you form a strong defense for you. We will also work to get the charge dismissed or reduced.

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