A second DUI in Nevada is still a misdemeanor; however, it entails more severe consequences compared to the initial offense. These consequences encompass imprisonment ranging from ten days to six months and fines ranging between $750 and $1,000. Additionally, upon conviction, attending an Impact Panel for MADD victims and installing an ignition interlock device may be ordered to be installed in your car by the courts.
According to Nevada law, a second DUI is defined as a fresh DUI arrest transpiring within 7 years after the DUI arrest for first offense.
In numerous instances, it is feasible to have the DUI charge decreased to reckless driving, and in some cases, the charges might be dismissed entirely.
| Penalties for Second DUI Within Seven Years in Nevada | |
| Fines | Between $750 and $1,000 |
| License Revocation | For 1 year. Might be allowed to drive after installation IID |
| Jail Time | Between 10 days and 6 months |
| Others | MADD Victim Impact Panel |
Our attorneys provide answers to the most frequently asked questions regarding DUI charges for the Second Offense in Nevada in this article.
1. Is it Possible to Receive a Jail Sentence in Nevada for a Second-Offense DUI?
Yes. A second-offense DUI conviction carries the possibility for a jail sentence for a minimum of 10 days to a maximum of six months of imprisonment, or the same time period on residential confinement. Sentences longer than ten days are uncommon unless there are additional aggravating circumstances such as the presence of a child less than 15 years of age in the vehicle.
To accommodate work obligations, the judge may permit you to complete the ten-day sentence in intervals, with each period of jailtime lasting at least 48 hours or more.
In most instances, judges opt for a suspended jail sentence of six months. This means that you will not be required to spend more than ten days in jail if you fulfill all other terms of probation and maintain a clean record throughout the duration of the case.
2. Will my driver’s license be revoked? If so, when and for how long?
In Nevada, a second-offense DUI leads to the suspension of your driver’s license for one year. To avoid this suspension, you will need to win the criminal case and the administrative DMV hearing conducted by the Department of Motor Vehicles (DMV).
It’s important to note that the DMV hearing works like a shorter trial and is generally more challenging to win compared to a criminal case. In the criminal case, prosecutors need to prove beyond reasonable doubt that you operated a vehicle while under the influence of drugs or alcohol. However, the DMV needs much less evidence for establishing that you operated a vehicle with an alcohol concentration equal to or higher than 0.08%, the legal limit.
If you fail a breath test following the arrest, you will receive a license valid for seven days, known as a temporary license. During this time, if a DMV hearing is requested, you can drive until the hearing’s results are determined. If you do not opt for a hearing, your license will be suspended after seven days.
Alternatively, if you opt for a blood test, you are allowed to drive until the laboratory results are received, which can take several weeks. Following that, the DMV will send you a letter allowing you to request a DMV hearing within seven days, after which the license suspension will commence if no hearing is requested.
Once the suspension period of one-year ends, you will be required to maintain SR-22 insurance for a period of three years if you would like to have your driving privileges reinstated. Additionally, you will be charged a fee of $121 for license reinstatement and a Civil Penalty of $35.
If you hold a commercial driver’s license (CDL), a second DUI offense will lead to a permanent revocation of your CDL.
3. Are Rehab Programs Mandatory for DUI-2nd Offenders?
Under NRS 484C.400, individuals facing a DUI-2nd charge in Nevada are required to undergo a drug and alcohol dependency evaluation known as the “DUI Assessment Program.” This evaluation costs one hundred dollars. Based on the outcome, defendants may be required to undergo clinical supervision by a treatment facility for a duration of up to one year.
However, in practice, most Second-DUI offenses are often resolved through a plea agreement known as “first for sentencing, second for enhancement.” This means that the defendant receives the penalties associated with a DUI-1st offense, but the DUI-2nd conviction is still recorded on their criminal record. This approach is taken to ensure that if the individual is arrested for another DUI within seven years of the initial offense, they would face a DUI-3rd charge.
Through the “first in sentencing, second for enhancement” plea, it is possible to avoid the requirement of undergoing an evaluation, unless the individual’s blood alcohol concentration (BAC) is more than or equal to 0.18%. However, in cases where an assessment is conducted, it is rare for additional recommendations not to be made. Typically, the judge may order eighteen weeks of Alcoholics Anonymous (AA) meetings or group therapy. Additional requirements may be imposed based on factors such as the severity of the blood alcohol content (BAC) or the individual’s history.
4. What Happens If I am Unable to Pay the Fine Due to Affordability?
If you do not have enough money to pay the fine imposed for a DUI-2nd offense in Nevada, there is an alternative option available. Nevada judges have the discretion to permit individuals to complete community service for an equivalent number of hours instead of paying the fine.
Typically, the conversion rate used is ten dollars in fines equals to one hour of public service. This allows individuals facing financial difficulties to fulfill their obligation by engaging in community service rather than making a monetary payment.
5. What is the Duration of the Ignition Interlock Device Requirement for a Second DUI Offense?
The duration for which you will be required to have an ignition interlock device (IID) installed for a Second-DUI offense in 7 years in Nevada is a period of 1 year.
6. How is a Prior DUI Defined?
A Prior DUI is considered in cases where any previous conviction for driving under the influence in the United States has taken place. However, the arrest must have taken place within a seven-year period in relation to the current case. It is important to note that if a previous charge for DUI is dismissed or reduced, e.g., to reckless driving, it will not be considered a prior offense.
Individuals pleading guilty or no contest to a second DUI are required to read and put their signature on an “admonishment of rights” form. This form explains the concept of a “prior” offense in relation to drunk driving, emphasizing that the penalties for a DUI third offense will be more severe than the ones for DUI-Second.
7. What Happens if My Previous DUI was Classified as a Felony?
If you have a previous felony DUI verdict against you and you get arrested for DUI again, you will face a charge of Felony DUI automatically. It makes no difference if the present DUI case resulted in no damages or injuries or whether the previous DUI arrest took place more than seven years earlier.
In Nevada, there is a common saying that goes, “Once a felon, always a felon.” This implies that prior felony DUI convictions have long-lasting implications, regardless of the circumstances surrounding the current offense.
8. How Can I Defend Against DUI Charges?
Attorneys in Nevada employ various defenses to challenge drunk driving charges. Here are just a few examples:
- Challenging the initial traffic stop, arguing a lack of reasonable suspicion.
- Contesting field sobriety test instructions provided by law enforcement.
- Providing alternative explanations for failing one-leg stand or walk and turn tests, such as footwear issues, distracting traffic lights, physical injuries, or uneven road conditions.
- Asserting lack of probable cause for the arrest.
- Presenting evidence of medical conditions, which could have affected the accuracy of the blood alcohol concentration (BAC) level, like auto-brewery syndrome.
- Demonstrating medical conditions causing symptoms resembling intoxication, such as going through diabetes.
- Questioning the reliability of the blood testing equipment or the breathalyzer
- Highlighting potential contamination of blood or breath samples.
- Highlighting issues with the certification of the breathalyzer calibration by lab technicians.
- Questioning the timing of the breath test if it was conducted after a delay of two hours or more following the arrest.
- Establishing the concept of increasing blood alcohol, where the BAC was under the legal limit when driving but increased beyond the legal limit during the subsequent assessments.
- Contesting the notion of “actual physical control” of the vehicle.
- Challenging police interrogation without the proper reading of Miranda rights.
- Contesting the legality of the checkpoint where the stop occurred.
- Showing that alcohol consumption occurred after driving had ceased.
- Casting doubt on the reliability or availability of eyewitness testimony.
- Showing that the vehicle was parked in a legal spot, engine off, and the key removed. Also, if the individual was in the backseat sleeping.
- Claiming necessity or emergency circumstances, arguing that actions were necessary or rational given the situation.
The effectiveness of these defenses depends on the specific case facts. Attorneys for criminal defense typically rely on evidence such as video recordings, witness testimony, medical documentation, and expert witnesses to support their arguments.
While many DUI cases are resolved through plea bargains, you also have the option to proceed to trial. However, since a Second DUI offense is a misdemeanor, a bench trial (when the verdict is decided by the judge) is more common than a jury trial. It is worth noting that juries are often more inclined to render a “not guilty” decision compared to judges.
9. Is it Possible to Participate in DUI Court Rather Than Serving Jail Time?
Yes, it is possible. Opting for Misdemeanor DUI Court, which is an extensive program for rehabilitation, allows you to spend five days in jail instead of the standard 10 days. Successfully completing this program may result in the conviction being lowered to a less severe offense, such as reckless driving.
Misdemeanor DUI Court, also known as the Moderate Offenders Program, involves certain requirements and costs around $4,500. Participants are typically required to wear the SCRAM alcohol-detection anklet, which will require serving house arrest for ninety days, among other terms and conditions.
Is it Possible to Have My Criminal Record Sealed?
Yes, it is possible to have Second-DUI convictions sealed from your criminal record. Generally, you can apply for record sealing after seven years have passed, following the conclusion of the case. However, if the DUI charge is downgraded to a reckless driving misdemeanor, the waiting period is one year after the conclusion of the case. In the event that the charges are dismissed, you may immediately petition the court to seal your record.
Need Assistance?
If you have been arrested for driving under the influence in Nevada, we encourage you to contact our lawyers at The Bourassa Law Group for legal advice. Our dedicated team of lawyers are experts at seeking reductions or dismissals of DUI charges throughout Nevada.