Category Archives: 2nd DUI

When is Incarceration Guaranteed on a Nevada DUI Case?

In Nevada, many are fearful that once they are charged for DUI (Driving under the Influence) it means an automatic term behind bars. While DUI cases in Nevada do have penalties of jail and prison time, most of them only exist for and have a lengthy period of time when the DUI case is most severe. If you are facing only a misdemeanor case, you should not worry too much as your trusted DUI lawyer can still find a way to ensure that you do not enter any detention cells.

 

Nevada DUI Penalties

A Las Vegas DUI first offense within seven years is a misdemeanor in Nevada and usually has a jail time of two days (mandatory) to six months. Sometimes, there is no jail time at all. Judges consider factors such as the amount of blood alcohol concentration (BAC) found in the body, the manner of the defendant’s driving, and whether there are children present in the car to decide if a jail detention is needed. Know that jail terms are usually only spent on local police headquarters while a prison term means lengthy incarceration in larger confinements such as the Nevada State Prison.

 

A second DUI in Nevada within seven years is still a misdemeanor and has ten days to six months of jail time or, alternatively, a house arrest. This is to ensure that the defendant does not drive again for a certain period of time until they recover from or realize their errors.

 

Now, a third DUI offense in Nevada within seven years after the second offense is a category B felony and it entails one to six years of prison time.

 

Cases with Automatic Incarceration

For cases that involve grave injuries, destruction of property, and death, harsher nature of incarceration will be imposed. Injury or death caused by first time DUI is a category B felony in Nevada and is comprised of an automatic prison time in the Nevada State Prison for two to 20 years.

 

Vehicular homicide is a different situation. It will only be brought down when the defendant already have three DUI convictions on his or her belt. Prison term of up to 25 years on the grounds of category A felony is what is waiting a defendant proven guilty of this.

 

Jail time alone is a pretty daunting predicament for one to face—imagine how worse a prison term would be. To avoid any of this happening to you, make sure you fortify yourself with a DUI lawyer that knows how to reduce your charges as much as possible, or abolish them altogether.

Penalties for 2nd DUI offense

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

Nevada DUI Laws

In the State of Nevada, people who commit a subsequent offense above a DUI offense face more penalties than those who committed a DUI offense alone. The accumulation period starts from the day that the person has been convicted with his or her first DUI. Immediately consult with a DUI defense attorney if you are facing drunk driving charges. You need enough time in order to meet the deadlines set by the court.

http://goodmanlawgroup.com/criminal-defense-in-las-vegas-nv/dui/second-dui/


Penalties

A person who is convicted with second DUI would face the following penalties:

  • Imprisonment

Depending on the case, the judge may impose a jail time between 10 days and 180 days (6 months). Your domestic violence lawyer may appeal for an alcohol treatment program or a residential confinement in lieu of the jail time. For example, a person needs to be jailed for 180 days. If the lawyer has successfully appealed for a treatment program, the convicted person can serve only 80 days in jail and serve the remaining 100 days in a treatment facility. It is also possible to serve the entirety of the sentence in a treatment facility.

  • Community Service

The judge may allow the offender 48 to 96 hours of community service in lieu of the jail time. If the community service is granted, the person is required to wear clothing that identifies him or her as a DUI offender.

  • Fines

The court may impose an additional fine between $750 up to $1,000.

  • Suspension of License

The DMV would suspend the offender’s license for a year. A DUI lawyer can request an appeal for the license suspension.

Attorney Ross Goodman

goodman law group

If you are charged with DUI, hire Attorney Ross C. Goodman as your DUI attorney.  Contact his office at (702) 383 – 5088 to avail free consultation.