In Nevada, Felony DUI Court, also known as the Serious Offender Program (SOP), is a way for third offense DUI defendants to avoid prison and a felony conviction by completing a rigorous course of counseling, treatment, and house arrest.
Defendants who choose to go through the program will need to complete three to five years of substance abuse counseling and alcohol and drug testing, including SCRAM anklets. In addition, defendants will need to use breath interlock devices in their vehicles, complete six months of house arrest, and abide by other terms set forth by the judge.
Defendants who successfully complete the program will receive a second DUI conviction, which is a misdemeanor, rather than a felony that carries one to six years in Nevada State Prison.
Who Should Complete Felony DUI Court In Nevada?
If the D.A. is unwilling to accept a plea bargain, the SOP is the only way for a third-time DUI defendant to avoid prison. Defendants should carefully consider the program as a last resort if the likelihood of a charge reduction or dismissal is nonexistent.
Who Is Eligible For SOP?
To qualify for SOP, the defendant must meet all of the following requirements:
The defendant doesn’t have more than two misdemeanor DUI convictions in the last seven years.
The defendant is being charged with a third-time DUI.
The defendant has not caused death or serious injury while driving under the influence.
Past DUI arrests that were dismissed or reduced do not count as prior DUIs.
How To Apply For Felony DUI Court
The defendant and his or her attorney must appear in District Court and plead guilty to a DUI third offense. At the same time, the attorney will submit a completed application for Felony DUI Court and a substance abuse evaluation completed by a physician or counselor stating the defendant is an addict.
The defendant will then be required to meet with the Nevada Division of Parole and Probation, where the Division will compose a Presentence Investigation Report for the case. This report gives the Division’s opinion on whether the defendant is suitable for DUI Court or not.
The prosecutor may contest the DUI Court application within 10 days of receiving the notice. The judge may also request a hearing if he or she is concerned about the defendant’s suitability for SOP.
If the defendant is accepted into DUI court, the judge will suspend the defendant’s prison sentence and order them to report to Pretrial Services, which is where they will be instructed to begin the program.
The application process for the DUI Court program is very technical and time-sensitive, which is why defendants should retain counsel to ensure everything is done correctly.
Why Call Moskal Law
Thomas Moskal has served as Las Vegas’s lead DUI prosecutor, where he was in charge of the Felony DUI Court Program for felony DUI 3rd offenses. He knows the ins and outs of the system and knows what it takes to ensure defendants get a fair shot at entering the program.
If you’re facing charges of felony DUI 3rd offense, DO NOT enter the Felony DUI Court Program without first consulting with Thomas Moskal. Call Moskal Law today to obtain the representation you deserve.
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I reached out to colleagues in search for a criminal attorney, and they recommended me Attorney Thomas Moskal.With his vast experience as a prosecutor, I contacted him for a consultation – I was very comfortable with him, (attorney Moskal was my third attorney that I met with) – After meeting with him, I retained him as my attorney for my case. He was always available if I had any questions concerning my case, he would ensure me that things will be alright. It took him around 5 months to settle my case beyond my expectation (outcome).Takeaways:1) No jail time2) No suspended DR lic. and no driving limitations.It was a win, win for both of us.I would recommend Attorney Thomas Moskal…….Give him a call for a consultation.
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I was referred to Attorney Moskal for a criminal case I had. I was told he is great at what he does and I can confirm, he is indeed. He’s very attentive when it comes to communication and thoroughly explained matters to me to make sure I understood everything. I’m glad to have put 100% of my trust into him and his work.
I have never been so pleased with the results and candor an attorney has provided me until I met Thomas.I hired Thomas for a DV case initially and then needed him for a DUI, and he provided results beyond my expectations and was very helpful throughout the entire process of both cases. I respect his work ethic, knowledge and his professionalism and would highly recommend to him anyone who is in need of a criminal defense lawyer in the state of Nevada. He gets the job done quickly and efficiently. Thomas is a great man and you’d be lucky to have him representing you!
He put me at ease, and ended up getting my case dismissed. I did my research before I hired a defense attorney. My lawyer friends all directed me to Thomas. When I looked him up, I saw that he is a well-respected former prosecutor who is featured in the news a lot. His cases were even features in an Investigation Discovery docuseries. After just a few minutes of talking to him, I had no doubt that he really knows what he is doing. He knows how to think like a prosecutor, and he is very good at explaining the process. I wholeheartedly recommend him if you have a criminal case.
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I was arrested for DUI. My son’s friend was clerking for a judge, so I had him ask around about who I should hire. Everyone in the courthouse was recommending Thomas because he was the lead DUI prosecutor in Las Vegas for many years. When I searched him up, I saw what they were saying. No regrets. He was always available to take my calls, and he definitely knew what he was talking about. Made me feel safe and comfortable. I never had to go to court, and he got my charge reduced. No DUI on my record.