Typically, a 2nd DUI in Nevada is a misdemeanor offense similar to a 1st DUI. In fact, a DUI 2nd might be still treated as a DUI 1st, but that all depends on the 7 year enhanceable window. If you commit a 2nd DUI offense within 7 years of the 1st offense, you will be charged with a DUI 2nd misdemeanor.
If you cause death or substantial bodily harm or have been convicted of a prior felony DUI a 2nd offense then this DUI will be treated as a felony.
A 2nd DUI carries a minimum 10 days and a maximum 6 months jail sentence, or residential confinement. Any confinement must include one consecutive 48 hours confinement. Fines range from $750 to a maximum $1000, or the equivalent number of hours of community service. A 2nd offense imposes alcohol and drug abuse treatment, which you will have to pay for. Outpatient treatment, AA, Scram and random drug/alcohol testing are commonly imposed by the court. In addition, the court will order Victim Impact Panel and court cost on top the fine.
Further penalties may include a breath interlock device on your vehicle for 6-12 months, or for 12-36 months if your BAC was higher than .18. The DMV will impose a 1 year driving suspension for a DUI 2nd conviction, which can be a great hardship for many.
Keep in mind that a 2nd DUI offense puts you at risk for a felony DUI 3rd offense. If you commit another DUI within 7 years after the 1st and 2nd offense it will be an automatic felony DUI. Out of state DUIs may be counted as well for enhancement.
The cost and hardship of a DUI 2nd can add up. This is way it is beneficial to retain counsel to fight the charged or help push for a lesser offense that may avoid some of the above penalties. Your case may contain critical facts that your attorney may use for a defense. Contact our firm today for a free DUI consultation by calling 702-895-9111.
This is for informative purposes only. This does not create an attorney-client relationship. always seek counsel.
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