Felony DUI Las Vegas
Under Nevada law, driving under the influence (DUI) is classified as a felony under certain circumstances. If you’re facing a charge of felony DUI in Nevada, the consequences of a conviction can be severe and include jail time and fines. You need practical, experienced legal representation to defend your rights and protect your future.
At the Law Office of Joel M. Mann, we will listen to your story to ensure we understand your goals to craft a solid defense. We offer free initial consultations and a flat-fee structure, so you always know how much our services will cost. Contact our office today to speak to a felony DUI lawyer in Nevada.
Why Hire Joel M. Mann for Your DUI Defense Case
Since founding his practice in 2006, Joel M. Mann has dedicated himself to providing personalized criminal defense services to Nevada residents, helping them achieve the most favorable outcomes possible.
Joel M. Mann is among a small group of attorneys sworn in before the United States Supreme Court. He has vast experience representing clients in state and federal trial and appeals courts. Joel M. Mann has the knowledge, resources, and skill to handle the most complex criminal cases.
When you hire Joel M. Mann for your DUI defense case, you can expect him to:
- Listen to your side of the story
- Work with you to pursue your goals
- Craft a strong defense
- Fight for your rights every step of the way
Facing felony DUI charges is stressful. Let Joel M. Mann put his experience to work on your behalf.
What Is Felony DUI?
Chapter 484C of the Nevada Revised Statutes covers driving under the influence of alcohol or drugs and the associated penalties. Under NRS 484C.110, it’s illegal for a person to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher or while under the influence of a controlled substance. For drivers of commercial vehicles, the legal limit is 0.04 percent.
In many cases, DUI is classified as a misdemeanor in Nevada. However, under specific circumstances, it is a felony.
For example, under NRS 484C.400, a third DUI offense in seven years is classified as a category B felony.
Under NRS 484C.430, driving under the influence and causing serious bodily injury is also classified as a category B felony. Finally, a person who causes someone else’s death while driving under the influence and who has previously been convicted of three DUI offenses can be charged with vehicular homicide, which is a category A felony, under NRS 484C.440.
The Legal Process Involved in a Felony DUI Charge
The legal process for felony charges for DUI begins when a person is pulled over and arrested on suspicion of driving under the influence or when the police arrive at the scene of an accident and arrest a driver suspected of causing substantial bodily harm due to impairment. The police must inform an arrestee of their right to remain silent and their right to an attorney.
Following the arrest, the police will take the arrestee to the station, where they will be booked. The police take the person’s photo and fingerprints. The police may hold them at the station until they sober up or post bail. The first court appearance is the arraignment, where a judge informs the defendant of the charges against them. The defendant will enter a plea. A defendant typically pleads not guilty at an arraignment so that their attorney has time to review the facts of the case.
A felony DUI lawyer may attempt to negotiate with the prosecution to have the charges against the defendant reduced or dropped or to decrease the penalties in exchange for a guilty plea. However, plea bargaining is not permitted in some felony DUI cases.
If a case goes to trial, both sides present their arguments and evidence. A DUI defense attorney refutes the prosecutor’s claims and attempts to establish reasonable doubt. The court renders a verdict at the end of the arguments, and the defendant will either be freed or face sentencing.
Consequences of a Felony DUI Conviction
DUI is a serious offense in Nevada, even for a first offense. First-time DUI offenders face up to six months in jail and a fine of $400 to $1,000. The defendant can also face immediate license suspension, even before the criminal charges are resolved. A person convicted of a misdemeanor DUI can be ordered to perform community service and pay court costs.
A felony DUI offense is subject to harsher penalties. Penalties for a felony conviction include imprisonment in a state prison and fines. Felony DUI convictions can result in the following consequences:
- A third DUI offense in seven years is punishable by two to fifteen years in prison and a $2,000 to $5,000 fine.
- A felony DUI causing injury is punishable by two to twenty years in prison and a fine of $2,000 to $5,000. The same penalty applies if a victim dies in a DUI accident.
- Vehicular homicide is punishable by twenty-five years to life in prison, with the possibility of parole after ten years.
A felony DUI conviction also results in license revocation of three years and mandated installation of an ignition interlock device in the person’s vehicle for three years.
Prior DUI convictions directly impact whether drunk driving will be charged as a felony, so even if you are only facing misdemeanor DUI charges at this time, it’s essential to work with a skilled attorney. Two prior DUI convictions can result in a felony DUI charge the next time around and subject you to severe penalties for felony DUI. Contact an experienced DUI attorney today to learn about the possible defenses your lawyer may be able to raise on your behalf.
Defense Strategies to Felony DUI Charges
There are several strategies your Nevada DUI defense attorney may employ in your case. For example, your lawyer may argue that the police stopped you without probable cause; therefore, any evidence resulting from the stop is inadmissible in court.
Alternatively, they may find issues with the administration or the breathalyzer test results. Or, they may argue that the officer didn’t follow proper procedure in administering the test, calling the results into question.
Las Vegas offers a unique program, called Felony DUI Treatment Court, previously known as the Serious Offenders Program. This program lets certain defendants avoid a conviction for a third DUI by completing a rehabilitation program instead. After completing the program, the felony DUI charge will be reduced to a misdemeanor offense. An experienced attorney can review your case and determine whether this is an option for you.
Your lawyer’s strategy will depend entirely on the facts and circumstances of your case. All DUI cases are unique, and your lawyer will create a defense strategy tailored to the specific facts of your case.
Get Help from an Experienced DUI Lawyer
If you’ve been charged with felony DUI, you need a Nevada DUI defense attorney with experience advocating for clients and a track record of successful acquittals, dismissals, and reduced charges.
The Law Office of Joel M. Mann is prepared to fight for your rights and protect your future. We provide a transparent flat-fee structure and free initial consultations so you always know what to expect. Contact us today to discuss your case and legal options with an experienced DUI lawyer.