The penalties for driving under the influence depend on whether you have previously been convicted of any two prior DUI offenses within the past SEVEN (7) years. The 7-year period is calculated from the first DUI arrest date to the current arrest date.
If you are arrested for DUI after you have previously been convicted of two DUI within the past seven (7) years then your case can be charged as a Class B Felony that is a non-probationable offense. See NSR 484.3792(1)(c).
DUI Defense Attorney for a Third DUI in Las Vegas
Due to the serious nature of a DUI third offense, it is very important to have an experienced and aggressive DUI defense lawyer to fight the charges. There are many ways to attack the DUI charges that are pending against you.
- The first two DUI convictions were not valid convictions
- The previous DUI convictions were outside the seven (7) year time period.
- The recent arrest was not a valid arrest
- The Officers failed to perform the field sobriety test (FST) correctly
- The laboratory failed to perform the proper procedures in handling your blood and testing your blood.
There are many ways to fight your third offense DUI charge, but you must have a lawyer who has extensive experience in handling DUI cases. The Law Office of Joel M. Mann handles many DUI cases on a daily basis. Joel Mann will fight for your freedom and to minimize this DUI charge will have on your life.
Third or Subsequent DUI within 7 years (charged as a felony) under Nevada Law
Nevada law provides that when an individual enters a guilty or "no contest" plea to a third DUI within 7 years charged as a felony then the court must impose the following punishments:
- Jail or Prison: For a third DUI charged as a felony, upon conviction, the court must impose a sentence between one year and six years in the Nevada State Prison system.
- Assessments and Fines: For third DUI charged as a felony, the court must impose fines of at least $2,000 and up to $5,000 plus court costs.
- Administrative Suspension: If you do not prevail at the administrative hearing, then the DMV will revoke the driving privileges for 3 years under NRS 483.4601(1)(a)(2), which, as amended in 2005, imposes upon the DMV a mandatory duty to revoke an individual's driving privileges “[f]or a period of 3 years if the offense is ... punishable as a felony pursuant to NRS 484.3792."
- Court Ordered Suspension of Driving Privileges: A third DUI conviction charged as a felony requires the court can impose a driver's license suspension of three (3) to five (5) years. No restricted driver's license is available until you have served at least one year of the revocation after your release from custody. Furthermore, before a restricted license will be granted, you must provide proof of the installation of the ignition interlock device, SR-22 insurance and meet other requirements.
- Alcohol Treatment: The court may require you to pay for and complete an alcohol treatment program approved the Health Department of Nevada for a period of three years.
Law Office of Joel M. Mann | DUI Defense Attorney for a 3rd DUI Arrest in Las Vegas, Nevada
The district attorney's office in Clark County, NV, prosecutes third DUI cases differently. If you have been arrested for a third or subsequent DUI in Clark County, contact an experienced DUI 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.