DUI 2nd Offense
A DUI 2nd offense in Nevada occurs within seven years of the defendant’s first DUI. The standard penalties include:
- 10 days to six months in jail or house arrest, or 48 to 96 hours of community service. Defendants may be allowed to serve their jail time in a treatment or rehab center.
- One-year driver’s license revocation
- $750 to $1,000 in fines
- Victim Impact Panel attendance
- Ignition interlock device requirement
Jail Sentence
A jail sentence longer than 10 days is rare unless the defendant was transporting a child under 15 during the violation. In some cases, defendants may serve a portion of the jail sentence in residential confinement, or house arrest. Typically, defendants serve a six-month suspended jail sentence, which means that defendants won’t need to serve more than 10 days in jail if they complete all other probation terms and abide by all laws while the case is open.
License Suspension
A DUI 2nd Offense in Nevada automatically comes with a one-year driver’s license suspension. Defendants may avoid a suspension only if they win both the criminal case and the administrative DMV hearing.
The DMV hearing is actually more difficult to win than the criminal cause because the DMV evidence requirements are much lower.
If the defendant agrees to a breath test after being arrested, they will receive a temporary license valid for seven days. If they request a DMV hearing during that seven-day period, then they can continue driving pending DMV hearing results.
Defendants who take a blood test can continue driving until the lab results are received in the mail. This may take weeks. Once the results have been received, the defendant has seven days to request a DMV hearing. If they don’t request a hearing, then the suspension begins on the eighth day.
Fighting DUI 2nd Offense Charges in Nevada
To reduce or dismiss charges of a DUI 2nd offense, a defense attorney may present the following arguments:
- The arresting officer didn’t have probable cause to make the arrest.
- The police officer didn’t have reasonable suspicion to make the traffic stop.
- The police officer didn’t give proper instructions for the field sobriety tests.
- The defendant was wearing bad shoes or was standing on uneven ground when doing the walk and turn test and the one-leg stand test.
- The defendant had a medical condition that caused an inaccurately high BAC level, such as GERD or auto-brewery syndrome.
- The defendant had a medical condition that made him or her seem intoxicated, such as a diabetic episode.
- The testing equipment was faulty.
- The breath or blood samples were contaminated.
- The lab technicians who calibrated the breathalyzer let their certification lapse.
- The defendant had rising blood alcohol.
Prior Felony DUI
If the previous DUI was a felony conviction, the defendant automatically faces another felony charge, even if the current violation didn’t cause any injuries or if the prior DUI arrest was more than seven years earlier.
If you’re facing DUI 2nd offense charges, contact Moskal Law to schedule a consultation. Thomas Moskal has the experience you need to fight your case.
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