Las Vegas Felony DUI Attorney

Aggressive Defense Attorney for Those Facing Felony DUI Charges in the Las Vegas Area

While most DUI cases in Nevada are misdemeanor DUIs, several factors could result in the DUI offender being charged with a felony offense. Felony DUIs carry harsher penalties than misdemeanor DUI convictions, including the potential for extended jail time, as well as other serious legal consequences. If you have been charged with a felony DUI in Nevada, it is imperative that you seek professional legal representation from experienced criminal defense attorneys knowledgeable in felony DUI laws. At our law firm, our legal team has extensive experience representing clients in complex felony DUI cases, and we would be proud to represent your legal rights in pursuit of the most optimal outcome for your case.

To discuss your felony DUI case in more detail, we encourage our prospective new clients to contact our Las Vegas law offices to schedule a free initial consultation today. In your free case review, we will go over your criminal charges and the prospect of building a strong legal defense strategy. To learn more about our legal services, please get in touch with our law office to schedule your free, no-obligation case evaluation today.

When is a DUI a Felony Charge in Nevada?

Driving under the influence in Nevada can result in law enforcement officers arresting you and charging you with the criminal offense of a DUI. In most cases, DUIs in Nevada are charged as misdemeanors. However, there are several factors that could result in your case being charged as a felony.

The conditions that could elevate your DUI charge to a felony DUI charge include the following:

This is your third DUI offense within seven years. If you have a prior DUI conviction offense, you will be met with harsher penalties for subsequent DUIs. This is especially true if you have had two prior DUI convictions within seven years. If this is your third DUI offense in seven years, it will be charged as a Category B felony
DUI causing death or substantial bodily harm. If, when driving your motor vehicle under the influence, you strike another person and cause serious injury or death, this will be charged as a felony DUI offense regardless of whether it is your first offense or not. A DUI-related killing is harshly prosecuted, as is any DUI causing injury
A new DUI conviction with a prior felony DUI charge. If you have prior convictions that were felonies, any subsequent DUI charge will be considered a felony as well

Do You Have Prior DUI Convictions During the Last Seven Years?

Nevada law states that the third DUI offense within seven years will be considered a felony charge. The date of the conviction is irrelevant to the charges because the only date of significance is the date of the traffic violation.

The prior DUI convictions can be from either the state of Nevada or other states with similar DUI laws. This means that, for example, if you have two misdemeanor DUI convictions in Nevada, a third DUI conviction in some other states may result in that conviction being charged as a felony.

The prosecution typically finds it more challenging to prove a felony charge for a third offense in seven years if the other convictions occurred out of state. As your criminal defense lawyers, our legal staff will work tirelessly to defend your interests.

Do You Have a Prior Felony DUI Conviction?

If you have been previously convicted of a felony DUI, any subsequent DUI charge will be considered a felony as well. The prior felony DUI convictions could be from the state of Nevada or other states that punish the crime with similar consequences.

Contact our law firm for legal assistance defending your DUI case today. Our legal team offers free consultations to prospective clients interested in retaining our legal services.

Did the DUI Incident Cause Injury or Death?

Typically, any DUI incident causing injury or death will be considered a felony DUI charge in Nevada.

Impaired driving that results in death or substantial bodily harm is classified as a Category B felony and is often referred to as a DUI with Substantial Bodily Harm. This type of DUI felony offense can be punishable by imprisonment in a Nevada state prison, as well as hefty fines in the thousands of dollars.

What is Vehicular Homicide?

Another type of felony DUI charge combines DUI offenses.

If an individual has three prior DUI convictions and is then convicted of a DUI causing death, then the person has committed vehicular homicide according to Nevada law. Vehicular homicide is a Category A felony in Nevada and comes with an incarceration period of 25 years to life.

What is the Felony DUI Court Process?

Individuals charged with DUIs are frequently concerned about the courtroom trial process. Most often, these defendants have never been through the NV legal system previously and do not know what to expect from the proceedings. That is why it is essential that you retain professional legal representation from knowledgeable Las Vegas DUI lawyers.

At the arraignment stage, you will be formally charged with a felony DUI, and you will be asked to enter your plea. If you have retained professional legal counsel, your felony DUI attorney will enter the plea on your behalf. At this point, the prosecution will share evidence with your lawyers, and the judge will schedule your courtroom appearance.

Next, your Las Vegas DUI attorneys will negotiate with the prosecution in pursuit of the most optimal outcome for your case. If the prosecutors have difficulty proving you guilty, your legal representatives could get your charges lowered or dismissed. If, however, the evidence is very convincing, your attorneys may consider plea deals.

If the case moves forward, the next stage is a DUI trial. Judges oversee DUI trials, and it is highly recommended that you do not represent your case on your own.

What Are the Potential Penalties for Felony DUIs?

If this is your third DUI offense within seven years, it is charged as a Category B felony. You face a minimum of one year in prison, with a maximum of six years in state prison. This felony charge comes with fines of up to $5,000 and a driver’s license revocation of up to three years.

A DUI that results in serious injuries is also a Category B felony. It carries a minimum prison sentence of two years and a maximum of 20 years. Fines can be up to $5,000, and the risk of driver’s license revocation is up to three years.

A DUI-related killing is charged as a Category B felony in Nevada. This felony carries a minimum sentence of two years in prison and a maximum of 20 years in state prison. In certain circumstances, the prison sentence can be increased to 25 years or life imprisonment. Like category B felonies, this felony carries fines of up to $5,000 and a three-year driver’s license revocation.

What Are Different DUI Defense Strategies Our Law Firm May Utilize?

As your felony DUI attorneys, we will consider many different legal defense strategies to protect your legal rights and potentially have your charges either reduced or dismissed entirely.

Possible defense strategies we may consider include the following:

Certain defendants may avoid conviction for a third DUI offense by completing a rehabilitation program instead
Distracted driving
Heartburn or acid reflux can influence breathalyzer test results and blood alcohol concentration
Lack of sufficient evidence to make a DUI arrest
Law enforcement officers made an unlawful traffic stop
Mouth alcohol contaminating the breath machine
Sobriety witnesses
The breathalyzer or field sobriety tests were not administered correctly
The driver was experiencing a medical episode that mimicked drunkenness or a high
The police violated your civil rights
The proper procedures were not followed by law enforcement personnel
The results of the blood alcohol content test were inaccurate or contaminated
The unreliability of most field sobriety tests
Though under the influence, you are not in control of the motor vehicle as the driver
You were not under the influence of alcohol or drugs at the time of the traffic stop
You were under the legal limit
You were never read your Miranda rights

Schedule a Free Consultation with an Experienced Felony DUI Lawyer Today

If you are facing felony DUI charges, you must retain professional legal representation from experienced DUI attorneys. Our legal team has years of experience representing complex DUI cases, including those defendants with prior DUI convictions or those involved in a DUI accident that results in substantial bodily harm or death.

To learn more about our legal services, don’t hesitate to get in touch with our Las Vegas law firm to schedule your free initial consultation today. You may reach us at 702-819-8242.