Criminal Charges for a 3rd DUI
Criminal Penalties for a 3rd Drunk Driving Offense in Nevada
In Nevada, a third offense for driving under the influence (DUI) within seven years will be charged as a Category B Felony. This means that if convicted, you could face up to six (7) years imprisonment in state prison. The penalties for a 3rd DUI in Nevada are steep.
What Are the Penalties for a 3rd Offense DUI?
If you are charged with a 3rd DUI offense within seven years in Nevada, you will be facing a felony conviction.
Pursuant to NRS 484C.400, the criminal penalties for a third offense can include:
- A minimum prison sentence of one (1) to six (6) years
- Fines of $2,000 to $5,000
- Court-ordered alcohol or substance abuse treatment
- Mandatory installation of an ignition interlock device (IID)
- License suspension
- Attendance at a Victim Impact Panel
Driving under the influence is one of the most commonly charged offenses in the state and can happen to anyone. Despite this, a Nevada prosecutor will seek to secure a Category B Felony conviction against you. You must call your local bail bonds company as early as possible.
What To Know?
When you are arrested for a 3rd Offense DUI in Nevada, you will likely have your license confiscated by the arresting officer and will be issued a temporary driving permit. This temporary license is generally good for seven (7) days. You must request an administrative review hearing through the Nevada Department of Motor Vehicles (DMV) to stop the automatic suspension of your driving privileges.
Failure to request a hearing within seven days could result in the automatic suspension of your license for three (3) years. It is always in your best interest to contact an attorney within this seven (7) day period to ensure that the administrative hearing request is adequately made.
Will I Lose My License?
In a DUI case, you face two separate actions, a criminal case and a civil one through the Nevada DMV. Your license can still be suspended even if the criminal charges are dismissed against you.
For a third drunk driving offense, you face a possible license suspension of up to three (3) years. Depending on the circumstances, you may be eligible for a restricted license after a one-year hard suspension. To qualify for a restricted license, you may be required to install an ignition interlock device that will not let you start your car if you have been drinking.
Can I Avoid Jail Time If I Am Arrested for a 3rd DUI?
Nevada law regarding multiple drunk driving offenses can be complicated. Your best chances of avoiding jail time are by retaining an attorney. While an attorney can never guarantee the outcome of a case, they can provide counsel to help you make informed decisions.
Under certain circumstances, you may qualify for alternative sentencing. A judge has the discretion to allow you to apply for an alcohol treatment program instead of imprisonment. There are several qualifications that you must meet to be eligible for the program under NRS 484C.340.
Are There Any Sentencing Enhancements in Drunk Driving Cases?
There are certain “aggravating factors,” which may enhance the penalties associated with your case. For instance, the court considers it an aggravating factor to have a person under the age of fifteen (15) in your vehicle at the time of your arrest. Furthermore, if you are involved in an accident where someone is injured or killed, you could face severe penalties beyond standard drunk driving charges.
Each drunk driving offense within seven years requires enhanced sentencing merely because it is a subsequent offense. For a first-offense DUI, the penalties are not nearly as harsh. Nevada, however, does heavily prosecute drunk driving offenses. Therefore, whether it is your first offense or third, you should still consult with your attorney as soon as possible after your arrest.
As the saying goes, at the end of the day, Bail Bonds companies are designed for only one purpose and that is making sure you will show up in court while staying out of jail until the process is completed and settled.
Don’t hesitate to call Bail Stop Bail Bonds with any questions you may have about your situation or the bail process in the state of Nevada.
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