In Nevada, DUIs are either misdemeanor or felony offenses. The most common way to get charged with a felony DUI is having received a third DUI offense within 7 years, and this includes out of state DUIs.
If you have two prior DUI convictions within 7 years and pick up a new DUI, this will be treated as a category B felony DUI 3rd offense that imposes a minimum 1 year prison and a maximum 6 years. There is a minimum $2000 fine and a maximum $5000 fine imposed. Other requirements include Victim Impact Panel, interlock and a 3 year driver’s license suspension.
You may be able to avoid prison if you apply and are accepted to Felony DUI Court. This is a diversion program where the judge will suspend adjudication and require you to attend a 3 to 5 year treatment program. If you successfully complete this program the court will adjudicate you with a DUI 2nd misdemeanor offense, and not a felony. If you fail to comply you will be adjudicated with the felony and sentenced to prison.
If you have any other prior felony DUI convictions in Nevada or another state, you will automatically be charged with another felony DUI. Simple as that.
Another automatic felony in Nevada is if you commit a DUI and cause death or substantial bodily harm. The minimum goes up to 2 years and the maximum to 20 years and fines of $2000 to $5000 will be imposed.
Is your have had 3 prior DUIs and are charged with a DUI that causes death, you will be facing a category A felony offense. This carries the harshest penalty, a 25 year sentence or a life sentence, with possibility of parole after 10 years.
For more information of DUIs, DMV and defenses click here.
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