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.

A Felony DUI 3rd offense

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.

Felony DUI Court – Serious Offender Program

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.

Once a Felon Always A Felon

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.

Death or Substantial Bodily Harm

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.

Vehicular Homicide

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.

Call us today for a free consultation at 702-895-9111.

Excellent Criminal Law Attorney
Adam did an excellent job in his representation of my criminal case. He was honest, supportive and informative all the way through the case. He is everything I could hope for in an attorney. I highly recommend Adam for anyone to use as their attorney.


Traffic Citation
Attorney Adam Graves got my traffic ticket reduced from speeding to illegal parking. Thanks to him I will have a small fee, no traffic school, and no points on my record. I would highly recommend him.


Ticket Reduced!
Adam was great. He spent a little time on the phone talking with me about the options for handling my case, did what he said he would and got the result he thought I'd get, which was a lowered fine by $100 and no moving violation. Very easy process, I'd highly recommend him.

Nick Thorsch