Felony DUI with Prior Felony
In Nevada, Felony DUI with prior felony comes with higher penalties and more severe punishment.
How Penalties & Punishment For DUIs Progress in Nevada
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.
Penalties For Felony DUI In Nevada
A harmless DUI incident will be treated as a felony if the defendant:
- Has two previous DUI convictions in the last seven years
- Had a previous felony DUI conviction
If the defendant is charged with a DUI after a felony DUI conviction, they may face the following penalties:
- Two to 15 years in Nevada State Prison
- Fines ranging from $2,000 to $5,000
- Nevada Breath Interlock Device in the defendant’s care as a condition of reinstating driving privileges
Defense Options For Felony DUI
To reduce or dismiss Felony DUI charges, a defense attorney will need to adopt one or more of the following stances:
- Invalid past convictions. The defense attorney must show that the defendant was forced into pleading guilty or that the court made a clerical error. If the defense attorney is able to prove the defendant doesn’t have a prior DUI conviction, the current felony DUI charge may be reduced to a misdemeanor.
- No probable cause. If the defendant was pulled over without probable cause, the felony DUI case may be dismissed. The police officer must show that he or she was pulling the defendant over for a traffic violation or other crime.
- Police misconduct, erroneous test results, malfunctioning equipment. The defense attorney may bring into the question the breath or blood test results by showing that the police did not meet minimum standards for administering the tests. This could cause the case to be dismissed or the charge could be reduced.
- Necessity. In emergency situations, the driver may have needed to drive, even while intoxicated. This is called a necessity defense. The three most common scenarios that may excuse a DUI in Nevada are driving a dying person to the hospital, driving to escape a killer or other dangerous person, or driving to escape a natural disaster.
Schedule a Consultation
Contact Moskal LawCall, text, or leave a message
Disclaimer: The information contained on this website is provided for informational purposes only, and should not be construed as legal advice on any matter.
Copyright © 2024 Moskal Law, All rights reserved. | Privacy Policy | ADA Disclaimer | Powered by: Dynamo Web Solutions
Our experience with Attorney Moskal was so much more than a five-star rating. We had a situation with our son and after speaking with other lawyers in Las Vegas we found Mr. Moskal. What we experienced was a Gentleman. The places we called we were spoken at, and not to. We were sent numerous emails and phone calls telling us to hurry up and sign on the dotted line. Atty. Moskal called me, explained the situation with our son and even noticed there was another charge that the other lawyers did not see. He explained his fee up front and the services he would provide if we retained him. We were at the time dealing with three time zones trying to coordinate everything. Our calls to him were answered right away and if he didn’t know the answer, he found out for us as soon as possible. One thing in particular I greatly appreciated was he also explained what was going on and why. We do not know how the courts work in Nevada. As I stated before, Atty. Moskal spoke to me not at me. Taking that extra five minutes is essential to trust. He also suggested places to stay so we could get our son when he was released. (He is not from Nevada and lost his phone.) Atty. Moskal was understanding of the situation and treated our son with respect and dignity. Atty. Moskal took the worry and fear out of the equation which is what we needed.I felt his demeanor respectful, pleasant, extremely knowledgeable and he dresses impeccably. I would have this young man to dinner at our house anytime.If you have to go through a situation like we did with our son, I would highly suggest Atty. Moskal.
I had a great experience with Thomas Moskal.He were always checking up on me to ensure I was getting the best that I needed and were very responsive when I had any questions. Overall, I am very satisfied and would recommend to others in the future. One of the most professional experiences, I’ve received with a lawyer. Thank you, Thomas!
He’s not even my attorney & he was taking a quick break from a case he’s working on & he took my call & actually listened! Said he will look into it asap. That’s all you need to know!Amazing is the word! Imagine what else he can do!!!
I gat 3 DUI in less than 45 days, I could be sentenced to 18 months in prison but thanks to Thomas with his excellent knowledge and experience , I avoid spending time in a penitentiary, he reduced everything to a simple fine and a online program. He did me perfect job in a short time !
My daughter needed legal representation and I knew I was calling Thomas Moskal — and just as I expected — he delivered. I mean he really took care of us every step of the way, and gave us the confidence to easily navigate the legal system.He’s experienced, strategic, supportive and passionate.Thank you, Tommy. We hope we don’t, but we know who we’ll be calling if we ever need legal representation again!
I had a great experience with this law firm! Thomas is a knowledgeable lawyer who specializes in understanding every aspect of law, as well as helping his clients avoid legal problems along the way! Thank you for your support and patience! Job well done Sir!
I had the pleasure of working with Thomas Moskal and I couldn’t be happier with the outcome. His expertise and attention to detail were evident throughout the entire process. Thomas was not only highly knowledgeable, but also approachable and communicative, which made me feel at ease during a potentially stressful time. He navigated the legal complexities with precision and achieved a result that exceeded my expectations. I highly recommend Attorney Thomas Moskal.
One of the best experience i have working with anAttorney Thomas, town of Knowledge and excelente service no to mention the Final results , i will Strongly recommend to hire.this attorney with no hesitation. Nothing but perfect experience.
Very professional, personable and so smart. He has a lot of experience in the criminal justice system as a former prosecutor. Trustworthy and you will feel like he’s got your back.
Thomas has been such great legal help to me over the past few years. A plus with the legal advice he has given me, always available, and always trusted. I would not give a more positive rating then to Thomas. Nobody in the business better. Experience, loyalty, honesty, and knowledge!
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.
Thomas Moskal at law has been a tremendous benefit in legal services for me and my friends. He is efficient, punctual, and shows impeccable professionalism. Also he is a stalwart In his community as an active board member. I would highly recommend him for various assistance in all types of matters.
I recently had the pleasure of working with Thomas Moskal on multiple DUI cases and I cannot recommend him enough. From start to finish, Thomas was professional, knowledgeable, and incredibly supportive throughout the entire process.One of the things that impressed me the most about Thomas was his level of communication. He was always available to answer my questions and provide updates on my case, which gave me a lot of peace of mind during a very stressful time.Thomas also took the time to thoroughly review cases and build a strong defense strategy. His expertise in DUI law and he was able to identify key areas where we could challenge the charges.In the end, Thomas was able to negotiate a favorable outcome for our case, and I am incredibly grateful for his help. I truly believe that without his expertise and guidance, the outcome could have been much worse.Overall, if you are looking for a DUI attorney in Las Vegas, I highly recommend working with Thomas Moskal. He is a true professional who will fight tirelessly on your behalf, and I am confident that you will be in good hands.
If you’re looking for a good trusting lawyer who truly cares about his clients you should go to Thomas M. He helped my family through a tough time . He was always available if we had any questions didn’t matter the day or time. He was very knowledgeable and we felt comfortable with him working my brother’s DUI case . Thanks to him we truly feel we could’ve gotten the outcome we did. Thank you Tommy.
There’s lawyers and then there is Thomas Moskal. Professional and responsive all the way through the entire process. Thomas is the lawyer you would want to be on your side. He knows the law and better yet the process behind it all. Without selling dream expectations he is accurate on outcome and time. Worth every penny. The experience, the knowledge and the professionalism make Thomas the best in Vegas.
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.
I contacted Thomas Moskal a week before my DUI court date and was put at ease instantly by his experience, expertise, and open communication of the entire process. This was my first time ever dealing with the court system and I’m grateful that all my questions were answered and I was always kept up to date. I am beyond impressed and forever grateful for Thomas’ attorney skills in having my case reduced to a mere nothing, no DUI on my record, and minimal penalties which were a breeze to take care of.
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.
