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.

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.