A 3rd DUI offense in 7 years is considered a felony offense and imposes a mandatory 1 year minimum prison sentence to a maximum 6 years. A DUI 3rd felony does not allow probation. However, Nevada does offer some hope for those who qualify for a diversion program aimed at treating the offender’s alcohol or drug problem. There is no guarantee to this program and it is not an easy online class. This might be your only option to avoid prison depending on the facts of your case.
You have not been convicted with previous felony DUI;
You have not caused substantial bodily harm or killed any while driving under the influence;
You must enter a plea of guilty or nolo contender;
You must apply for treatment and be diagnosed as an alcoholic or abuser of drugs; and
Agree to pay the costs of the treatment to the extent of your financial resources.
If you qualify and are accepted, the judge will withhold adjudication and place you in the the serious offender program for a minimum 3 years to a maximum 5 years. You will spend the first 6 months on residential confinement, only being allowed to travel to work or court mandated programs, such as AA or drug testing.
You will be required to install an interlock device on your vehicle at your own expense for a minimum 12 months. You cannot drive a vehicle unless it has an interlock device. You will also have to agree to periodic drug testing and any other conditions the court deems appropriate.
If you successfully complete the program you will graduate and the judge will then adjudicate you with a misdemeanor DUI 2nd offense and no prison time. If you fail treatment, the judge will sentence you to a felony DUI 3rd and prison. If you do complete the program you should be proud of this accomplishment since this is serious program aimed at changing people’s lives for the better.
For more information on DUIs, DMV and defenses click here.
This is for informative purposes only. This does not create an attorney-client relationship. Always seek legal counsel.
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