Third DUI Offense in Nevada
A 3rd DUI offense in Nevada can have serious repercussions on your life. You are facing the possibility of remaining behind bars for a year or more, the imposition of expensive fines, the loss of driving privileges that affects your ability to maintain employment, and the loss of your civil liberties. While the first two DUI convictions were only misdemeanors, 3 DUI charges in seven years means you are now facing felony charges.
It is critical that you work with an experienced attorney if you are facing a 3rd DUI. I have extensive experience representing individuals accused of violating Nevada DUI laws. I am a member of the College for DUI Defense and an Avvo Clients’ Choice in DUI Defense. To lodge the best defense in your case, I need to get to work on it immediately. Contact me for a free case review and to learn about how I can help you through this critical time in your life.
Penalties for a 3rd DUI in Nevada
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 DUIs within the past seven (7) years, then your case can be charged as a Class B felony. You cannot receive probation for this offense. Nevada law imposes mandatory jail time if you are convicted of this offense.
In addition to 3rd DUI jail time, other penalties that you face include:
- Fines – Upon conviction, you will face a fine of between $2,000 and $5,000, plus court costs.
- Loss of driving privileges – A conviction typically results in a suspension of your driving privileges for three to five years. You may be able to obtain a restricted driver’s license to drive to work, school, and other essential locations after one year of suspension.
- Ignition interlock device and SR-22 insurance – To obtain a restricted license, you will need to pay to have an ignition interlock device installed in your vehicle. You will also have to obtain more expensive SR-22 insurance.
- Alcohol treatment – The court may require you to pay for and complete an alcohol treatment program approved by the Health Department of Nevada.
What if You Are Convicted of a Third or Subsequent DUI Violation?
Many defendants ask me about the possible consequences of 3 DUI charges. If you are convicted of a 3rd DUI offense within a seven-year period, you may have questions such as:
How Much Jail Time for a 3rd DUI?
If you are convicted of a 3rd DUI offense in seven years, you can be sentenced to one to six years of jail time. Jail time is mandatory unless you are assigned to and complete Felony DUI Court.
Will I Lose My License?
If you are convicted of a 3rd DUI, your license will be revoked for at least three years. However, you might be able to obtain a restricted driver’s license after a year’s suspension.
Can I Seal My Record?
You cannot seal your record if you are convicted of Felony DUI (3rd DUI). If your charges are dropped or reduced to a lesser offense, it might be possible to seal your record.
Will My Firearms Be Taken Away?
Under Nevada DWI laws, if you are convicted of a 3rd DUI, you will lose your right to bear arms. The only way to restore these rights is to get a pardon from the governor.
How Do I Fight the Case for a 3rd DUI Offense?
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, such as by arguing:
- 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. A DUI lawyer in Las Vegas who has extensive experience in handling DUI cases can be of great assistance. The Law Office of Joel M. Mann handles many DUI cases on a daily basis. I will fight for your freedom and to minimize the impact this DUI will have on your life.
How to Avoid Jail Time for a 3rd DUI
It is possible to not have jail time for a 3rd DUI offense if you are accepted into the Felony DUI Court, also known as the Serious Offenders program. There are specific requirements you must follow if you are part of this program. We can discuss this possibility and if it is a right fit for you.
The only other way to avoid 3rd DUI jail time is not to be convicted of the offense. You can do this by:
- Agreeing to plea to a lesser offense, such as reckless driving
- Having the charges against you dismissed
- Being declared “not guilty” after trial
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 like me, Joel Mann. I provide free initial consultations so that you can learn more about possible defenses that may apply to the unique facts of your case.
