In Nevada, Felony DUI with prior felony comes with higher penalties and more severe punishment.
A first-time DUI in Nevada that doesn’t cause any injuries or fatalities is a misdemeanor. In these cases, the defendant typically doesn’t face any jail time. A second DUI within seven years of the first DIU is also considered a misdemeanor if there are no injuries or fatalities. However, the defendant will typically face 10 days of jail. A third DUI within seven years is automatically charged as a felony even if the offense didn’t cause any injuries or fatalities.
If a defendant has already been convicted of a felony DUI, any additional DUI charges will be filed as felonies even if the offense didn’t cause any injuries or fatalities. There are no time restrictions in these cases, meaning a defendant can be charged with a felony DUI even if their previous felony DUI was 20 years ago.
A DUI that causes substantial injury or a fatality is always charged as a felony in Nevada, regardless of the defendant’s record.
An out-of-state DUI conviction does count as a prior conviction if a defendant is charged with a DUI in Nevada.
A harmless DUI incident will be treated as a felony if the defendant:
If the defendant is charged with a DUI after a felony DUI conviction, they may face the following penalties:
To reduce or dismiss Felony DUI charges, a defense attorney will need to adopt one or more of the following stances:
Disclaimer: The information contained on this website is provided for informational purposes only, and should not be construed as legal advice on any matter.