Felony DUI 3rd Offense

In Nevada, a felony DUI 3rd offense comes with serious consequences. If convicted, a defendant can face one to six years in state prison and a fine ranging from $2,000 to $5,000. In addition, the defendant must attend a Victim Impact Panel and complete an alcohol/drug dependency evaluation and possible rehab. Their license will be revoked for three years and once they begin driving, they must use a breath interlock device in their vehicle for one to three years.

Characteristics of a Third-Time DUI in Nevada

A defendant can face charges of a third-time DUI if:

  • They’re arrested for a DUI without causing serious injuries or death and
  • They have two prior DUI convictions in the past seven years (from any state)

DUI stands for driving under the influence and occurs when one or more of the following is true:

  • The defendant’s blood alcohol content (BAC) is 0.08% or higher
  • The defendant’s driving is impaired by alcohol or drugs
  • The defendant has illegal levels of drugs in their system

Pleading guilty or no contest to a 3rd DUI requires signing an admonishment of rights form. This means that any future DUI arrests will be charged as felonies even if the violation didn’t cause any injuries or death.

Implications For Driving Privileges

A third DUI in Nevada will lead to the revocation of the defendant’s license for three years following the arrest. However, defendants may be able to obtain a restricted license after one year.

Even if the charges are dismissed in criminal court, the DMV may still suspend the defendant’s license. To contest the suspension, the defendant’s attorney must attend a DMV administrative hearing.

Fighting a Felony DUI 3rd Offense

In Nevada, prosecutors cannot reduce or dismiss DUI charges unless the defense attorney can prove the evidence is too weak to support a conviction.

The defense strategies in these cases will vary, but may include the following:

  • Lack of probable cause. This is when the arresting officer didn’t have reasonable grounds to suspect criminal activity when pulling the defendant over. If the defense attorney is able to prove this, the case may be dismissed.
  • Police mistake. If the police officer didn’t follow proper protocol for administering the field sobriety tests or the rules of the National Highway Transportation Safety Administration (NHTSA), the case may be dismissed.
  • Medical conditions may cause inaccurately high BAC results. These conditions can include acid reflux, auto-brewery syndrome, diabetes, GERD, heartburn, hypoglycemia, low-carbohydrate diet, mouth alcohol, dentures, and other orthodontic devices.
  • Rising blood alcohol could mean that the defendant’s blood alcohol count was within legal limits when driving but peaked hours later, when they were tested.
  • Faulty chemical test equipment. If the Intoxilyzer 5000 EN breathalyzer and blood testing equipment is broken or defective, any BAC results are void.
  • Lapsed certification. If the individual maintaining the breathalyzer and reading blood samples has let their license lapse, the lab results could be voided.

If you’re facing felony DUI 3rd offense charges, contact Moskal Law to schedule a consultation. Thomas Moskal has the experience you need to fight your case.

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