On Felony DUI in Nevada

As a rule, a third or subsequent DUI charge is classified as a felony according to Nevada rules. As such, prosecutors will see to it that the court is convinced to enact hefty penalties on the defendant if his or her guilt is proven, mostly through lengthy stays in prison and large fees.

A person can be charged for a third DUI in Nevada if:

  • it is the 3rd offense within 7 years
  • DUI caused serious injury
  • DUI caused a person’s death
  • suspect fled the scene of the crime resulting to damage of property
  • caused a hit-and-run resulting in death/injury

 

Punishment for a third DUI within seven years of the previous conviction include:

  • Prison term for 1 to 6 years
  • $2,000 to $5,000 fine
  • Victim Impact Panel
  • Installation of Breath Interlock Device in your car for 1 to 3 years after release
  • 3-year driver’s license suspension or revocation, 5-day registration suspension
  • $35 civil penalty fee
  • Alcohol and drug evaluation

 

DUI causing injury is a Category B felony and leads to the following punishment:

  • Prison term of 2 to 20 years
  • Fines from $2,000 to $5,000

If the defendant is accused of DUI with death and has 3 previous convictions, the charge will escalate to the Category A Felony of vehicular homicide (NRS 484C.440) and can lead to: 

  • Imprisonment from 25 to life
  • Chance of parole after 10 years

 

Leaving the scene of a DUI crime to avoid arrest is an automatic felony DUI charge, with the severity dependent on the amount of damage/injury caused.

Collision resulting to damage of property will be penalized with:

  • 6 months of imprisonment; and/or
  • Maximum fine of $1,000
  • 6 demerit points to offending driver’s license

The more severe charge of hit-and-run resulting in injury can lead to:

  • 2 to 20 years of imprisonment with no probation
  • No less than $2,000 and no more than $5,000 fines
  • Possible license revocation and suspension, depending on the number of injuries and deaths during the incident

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