Third DUI Defense Attorney in Nevada

Nevada law takes the offense of driving under the influence (DUI) extremely seriously, even for first-time offenders. Penalties become particularly severe for a third DUI conviction within seven years. If you are facing criminal charges for a third DUI, a skilled Las Vegas criminal defense lawyer can help protect your rights and liberties. Contact the Law Office of Joel M. Mann today for a free consultation with an experienced criminal defense attorney.

Why You Need an Experienced Criminal Defense Lawyer If You’re Facing Third DUI Charges

Anyone facing third offense DUI charges needs to recognize the gravity of their legal situation and consult an experienced DUI defense attorney immediately. The legal team at the Law Office of Joel M. Mann has extensive experience helping people in Las Vegas, NV mount a successful defense in their DUI cases. Joel M. Mann belongs to the National College for DUI Defense and is an Avvo Clients’ Choice in DUI Defense. He will build a tailored defense specific to your case by:

• Carefully analyzing all evidence, including breathalyzer or blood test results, police reports, and any video footage
• Identifying any potential violations of your rights or improprieties in the investigation and arrest procedures
• Constructing a solid legal strategy aimed at getting charges reduced or dismissed
• Advocating forcefully on your behalf in court to pursue the best possible outcome
• Assessing the possibility of a plea bargain for a lesser offense, possibly avoiding mandatory prison time

Given the severe penalties attached to a third DUI conviction, having a knowledgeable Las Vegas DUI lawyer on your side is crucial to protecting your interests. Call our law firm today to learn more about how we can help. We represent clients in criminal cases throughout Clark County, including the Las Vegas area.

What Is a Third DUI in Nevada?

Under Nevada law, a DUI offense is considered a “third” offense if the individual has two prior DUI convictions within the preceding seven years. The seven-year “lookback” period is measured from the date of the first offense. For example, if someone was convicted of their first DUI on January 1, 2017, and their second DUI on May 15, 2021, any subsequent DUI charge received before January 1, 2024, would be charged as a third offense.

It is worth noting that it does not matter whether the prior DUI convictions occurred in Nevada or another U.S. state. Nevada includes out-of-state DUI convictions when determining whether it is a second, third, or subsequent offense. As such, if you have had more than one DUI conviction anywhere in the country within the last seven years, your most recent DUI charge in Nevada will be classified as a third DUI.

What Are the Penalties for Third DUI in Nevada?

While the first two DUI offenses are classified as misdemeanors, a third DUI offense in Nevada is charged as a Category B felony offense. Nevada law requires that a persona who is convicted of a third DUI, felony, be sentenced to prison. The sentencing range is one to six years in a Nevada state prison and fines between $2,000 and $5,000. The exact sentence depends on factors like your blood alcohol concentration (BAC), whether there were aggravating circumstances like a motor vehicle crash involving injury, and your prior criminal record. Due to the fact that a person convicted of a third DUI is required to be sentenced to prison, it is extremely important to have an experienced DUI lawyer handle your case.

Additionally, your driver’s license can be revoked for up to three years by the Nevada Department of Motor Vehicles. However, with the help of a skilled attorney, you might be able to apply for a restricted driver’s license after one year, which allows you to drive to essential locations such as work and school. If your application is successful, you will be required to have an ignition interlock device installed in any vehicles you operate.

You may be able to avoid a prison sentence by attending and completing an approved intensive substance abuse treatment program for serious offenders. An alcohol or drug treatment program typically involves inpatient treatment followed by outpatient counseling and alcohol education classes. You must cover the costs of these programs.

All individuals convicted of felonies in Nevada lose their right to bear arms. This right can only be restored by a pardon from the governor.

Additional penalties may include:

• Victim impact panel attendance
• Installation of an ignition interlock device in your vehicle during and after the license revocation period
• Application of a felony strike under Nevada’s three-strikes law
• Substance abuse evaluation and compliance with any recommended treatment
• Community service
• Judicial hospitalization treatment if deemed an alcoholic by the court

Penalties are enhanced if your third DUI involved a BAC over 0.18 percent, a collision causing injury or death, speeding, or having a child in the vehicle.

Potential Defenses to Third DUI Charges

When facing a third DUI charge, having an experienced DUI defense attorney who can scrutinize every aspect of the evidence and arrest procedures is critical. Some potential defenses include:

• Testing Errors – The accuracy of breathalyzer and blood tests can be challenged on various grounds, such as machine malfunctions, improper calibration, untrained personnel, or mishandling of samples.
• Lack of Reasonable Suspicion – Police officers must have reasonable suspicion of impairment based on specific driving behaviors and observations before conducting a traffic stop. If they lacked grounds, any evidence obtained could be inadmissible.
• Reasonable Doubt – Even with test results, your lawyer can argue reasonable doubt due to holes in the evidence, inconsistent testimony, police mistakes, or mishandling of evidence.
• Medical Conditions – Certain medical issues like acid reflux, diabetes, or taking cold medicines can create misleading breathalyzer readings that are mistaken for alcohol impairment.
• Rising Blood Alcohol – If you consumed alcohol right before driving, your BAC may have been below the legal limit when operating the vehicle but continued rising afterward during the testing period.
• Lapsed Certification – Officers must maintain current certification and training to legally conduct standardized field sobriety tests and operate breathalyzer devices properly.

An experienced DUI defense lawyer knows how to identify and leverage all possible defenses to attack the prosecution’s case and work to protect your rights and liberties.

The Law Office of Joel M. Mann Offers Free Consultations – Call for Yours Today

Being convicted of a third DUI charge can have significant repercussions on your freedom, finances, and reputation. Working with an experienced Las Vegas criminal defense attorney at the Law Office of Joel M. Mann can ensure your rights in the criminal justice system are protected every step of the way. We can analyze your criminal case and determine the best defense to raise. Call today for a free consultation.