Nevada DUI Offense After a DUI Felony Conviction - What Happens if You Already Have a DUI Offense That Was Treated as a Felony?
If you have already been convicted for a DUI Third Offense or a DUI Resulting in Substantial Bodily Harm or Death and are arrested for a DUI again, the penalties are severe. Unlike other DUI Convictions, there is no time limit if you have the felony on your record - even one thirty years ago! - you are subject to the Nevada DUI statute 484C.410. It has increased penalties greater than a DUI Third Offense but not as serious as the DUI resulting in substantial bodily harm or death.
If you are looking for a quick TL;DR on what the penalties are:
If you are convicted of a Nevada DUI when you were previously convicted of a Felony DUI, you are guilty of a Category B felony. The minimum prison time is two years, and your maximum prison time is fifteen years. The minimum fine is $2000 and a maximum of $5000. The judge will order a breath interlock device to be installed for at least 12 months but not more than 36 months and order the person being convicted to attend a victim impact panel. The DMV will also revoke the driver's license for three years. This charge is not probation eligible.
When A DUI Offense After a DUI Felony Conviction Can be Charged
For a DUI Offense after a DUI Felony conviction to be charged, the State must prove several elements:
1. It is unlawful for any person who:
(a) Is under the influence of intoxicating liquor;
(b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or
(c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath,
to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
The first set of elements are the standard DUI elements. Being at or above .08 measured within two hours of being in actual physical control of the vehicle OR being too impaired to drive due to drinking alcohol or ingesting drugs. However, this is insufficient for a DUI Offense after a DUI felony conviction in Nevada. In addition to the standard elements, the State must prove the prior felony conviction at sentencing and present the prior conviction to the Grand Jury or present it at the preliminary hearing.
Counting Prior DUI Convictions
After already being convicted of a DUI felony, A DUI Offense counts convictions differently than a DUI Second Offense or DUI Third Offense. Below are the following convictions that will trigger the heightened penalties for a subsequent DUI arrest when you already have a Felony DUI Conviction in Nevada:
- DUI Third Offense: If you have already been convicted of a DUI Third Offense and have been to prison, then this conviction will be used to enhance any subsequent DUI Offense. Your DUI will automatically be upgraded to a Category B Felony. IT DOES NOT MATTER HOW MUCH TIME HAS PASSED! The seven-year rule does not apply!
- DUI Third Offense that was reduced to a DUI Second Offense: If you originally were charged with a DUI Third Offense that was reduced to a DUI Second Offense as a result of completing the treatment program for three years and get another DUI, your DUI will be charged as a DUI after a DUI Felony conviction.
- Out of State DUI Felony Conviction: If you were convicted of a DUI that had the same or similar elements as a DUI Felony conviction in Nevada, then you are subject to Nevada's DUI laws. That means that your DUI Offense will be upgraded to a Category B Felony and charged as a DUI Offense after being convicted of a Felony DUI.
- DUI Resulting in Substantial Bodily Harm: If you were convicted of a DUI Resulting in Substantial Bodily Harm in Nevada and are now being charged with a DUI Offense, your DUI charge would be upgraded to the Category B felony DUI Offense after being convicted of a Felony DUI.
- Vehicular Homicide: If you were previously convicted of Vehicular Homicide in Nevada, any subsequent DUI would be charged as a Category B felony DUI offense after being convicted of a Felony DUI.
Above are the instances when a DUI Offense will be upgraded to a Category B Felony. The State would have the burden to prove the convictions at sentencing.
DUI Offense After a DUI Felony Conviction Penalties
The penalties for getting a DUI after you already have a DUI Felony conviction are the third most severe penalties for a DUI in the State of Nevada. Those penalties are:
- Prison Time: There is a minimum prison term of two years and a maximum prison term of fifteen years. THIS CHARGE IS NOT PROBATION ELIGIBLE!
- Fine: There is a minimum fine amount of $2,000 and a maximum fine of $5,000.
- Breath Interlock Device: The judge will order a breath interlock device to be installed in any car you own for a minimum of 12 months and a maximum of 36 months.
- Victim Impact Panel: The judge will order you to attend a Victim Impact Panel, as is required by every conviction of a DUI in the State of Nevada
- License Revocation: The Nevada DMV will revoke your license for a period of three years.
A DUI Offense after having been convicted for a Felony level DUI is a severe offense. Unlike with a DUI First Offense, Second Offense, or even a DUI Third Offense in Nevada, there is no chance at diversion. Prison is mandatory and must be served. The only way to avoid prison is to beat the charge at trial or have an attorney like Charles Goodwin, who knows Nevada DUI law.
A DUI Lawyer is Necessary
Whenever the issue of penalties comes up, a DUI Lawyer is necessary. Charles Goodwin, a Nevada DUI Defense Lawyer, can help. Here's why:
- Complexity: There is a lot of variation on DUI First penalties in Nevada and Las Vegas. Charles Goodwin knows how to navigate these complex issues to ensure that if you have a DUI, the penalties stay at the minimum sometimes regardless of BAC!
- Knowledge: lawyers not trained to handle DUIs will often recommend that you accept whatever the prosecutor offers - which is generally harsher than required. This is because the prosecutor is often much more knowledgeable about DUIs than the untrained lawyer. Don't let that be you! DUI Attorney Charles Goodwin understands DUIs and can help.
- Experience: Many lawyers who do not handle DUIs regularly may be unaware of the new requirements under the law, including breath interlock requirements being run concurrently, no more per se marijuana DUIs, and more. DUI Defense lawyer Charles Goodwin has resolved hundreds of DUIs, is a member of the National College of DUI Defense and has practiced in all courts in Southern Nevada. He can help you.
Contact Charles Goodwin at Goodwin Law Group, PLLC today. He has the knowledge and experience to navigate your DUI offense's complexity and help you decide how to proceed when you are facing a DUI Offense after having a prior DUI Felony Conviction in Nevada. Don't chance your future. Call today for your free consultation!