Second DUI Arrest
DUI Defense Attorney for a Second DUI within 7 Years
Under Nevada law, the statutory scheme provides for even harsher "minimum mandatory" punishments for each subsequent conviction without a certain period of time. Under Nevada law, this time period has been set at seven (7) years. This means that if a second DUI arrest occurs within 7 years of a prior DUI conviction, then if the individual is convicted of the second DUI than certain harsher penalties apply.
Depending on the facts of your case, important defenses exist under Nevada law to protect you from the harsh punishments that follow from a second DUI conviction. These protections include the outright dismissal of the charges if insufficient evidence exists to support the accusations, or motions to suppress or exclude evidence which may greatly diminish the prosecutors chances for a conviction at trial.
Obtaining an experienced Las Vegas DUI attorney immediately after the arrest is important because critical deadlines exist to fighting the charges. Contact our office for a free consultation today so that you can learn what you must do immediately to protect yourself after a drunk driving arrest. Your attorney can help you act quickly to preserve all avenues of attacking this serious criminal charge for a second DUI in Clark County, NV.
Penalties for Second Offense Driving Under the Influence
The penalties for driving under the influence depend on whether you have previously been convicted of any DUI offense within the past SEVEN (7) years. The 7-year period is calculated from the prior arrest date to the current arrest date.
Nevada law provides that when an individual enters a guilty or "no contest" plea, the court must impose the following punishments:
- Jail: For a second DUI, the court must impose between 10 days in jail or up to a maximum of six (6) months in jail. Alternatively, the court can impose residential confinement in an alcohol or drug treatment center in lieu of any jail time if that confinement involves monitoring 24/7 and runs for the same period of time as any jail sentence that must be imposed. Any person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours.
- Assessments and Fines: For a second DUI, the court must impose assessments and fines that total a minimum of $750.00 up to a maximum of $1,000.00 plus court costs. In certain cases, the court may order you to perform additional community service in lieu of paying the fine. However, the court will not waive the court costs.
- Suspension of Driving Privileges: A second DUI conviction requires the DMV to impose a one year driver's license suspension;
- DUI School: After a second DUI conviction within seven years, the Court must impose a requirement that you complete DUI School;
- Penalties for BAC Over 0.18%: If your second DUI conviction within seven years involves a breath or blood alcohol reading that was .18% or higher, then the court will impose:
- a DUI Assessment Program that requires a $100 fee;
- the Victim Impact Panel that requires a $40.00 fee; and
- the court may require that you pay for installation and maintenance of the Breath Interlock Devices on your vehicle for 12 to 36 months;
- even if your BAC is less than .18% then the court may impose an ignition interlock device for three to six months.
- extensive counseling to address drug and alcohol problems
Law Office of Joel M. Mann | DUI Defense Attorney for a Second DUI Arrest in Las Vegas, Nevada
If you have been arrested for a second DUI in Clark County, contact an experienced drunk driving defense attorney. Joel Mann provides free initial consultations so that you can learn more about possible defenses that may apply to the unique facts of your case.
The district attorney's office in Clark County, NV, prosecutes second DUI cases differently. Find out more about the statutory maximum offenses and the likely penalties that will be requested by the prosecutor. Also find out more about possible defenses that may lead to the charges being dismissed or reduced to lesser charges.