What Happens If You Get a 3rd, 4th, or 5th DUI in Nevada?
DUI laws in Nevada are some of the most severe in the country. Even a first DUI conviction has serious penalties and consequences. If you get more than two repeat convictions within a seven-year period, a third, fourth, or fifth DUI charge is a felony with increasing criminal and administrative ramifications. That is the case even if the prior convictions were in another state. For any Nevada DUI charge, representation by an experienced DUI defense lawyer is essential to minimize consequences of repeat DUI convictions.
3rd DUI Conviction in Nevada
A Nevada DUI conviction may result from driving under the influence of either alcohol or a controlled substance. The criminal penalties and administrative consequences for a conviction of DUID — Driving Under the Influence of Drugs — are the same as they are for a DUI for alcohol.
In the absence of aggravating circumstances or harm to others, the first two DUIs are usually misdemeanors. A third DUI charge within seven (7) years is automatically charged as a felony. It does not matter whether the first two convictions happened in Nevada or in a different state. It also does not matter whether the third DUI harmed another person.
Some defendants facing a third DUI in Nevada may avoid prison time by completing Felony DUI Court, which is an intensive rehabilitation program that lasts for three to five years. Successful completion of the program may result in the DUI charge being reduced to a misdemeanor. If you plead guilty or no contest to a third DUI, you sign an admonishment of rights form, which explains that any future DUI arrests will be charged as felonies. It does not matter if there are no injuries resulting from the DUI.
You should always consult with legal counsel when you face a DUI charge. That is particularly true after you already have two convictions within a seven-year period. Penalties for a third DUI include prison time, substantial fines, a three-year driver’s license suspension, and other consequences. To have your best chance of minimizing the impact of a felony DUI charge, you should get help from a n experienced DUI defense attorney.
4th DUI Conviction in Nevada
Under Nevada law, every DUI arrest after a third conviction is an automatic felony. A fourth DUI arrest within seven years of the first one is a category B felony. It does not matter if there were no injuries or if there was not an accident. The penalties for a fourth DUI conviction include:
- Two to 15 years in state prison, and
- A fine of $2,000 to $5,000, and
- A three-year driver’s license revocation following prison
Additional terms also apply. A defendant facing a fourth DUI charge is not eligible for Felony DUI Court or probation. In addition, if there was a minor under age 15 in the vehicle at the time of the violation, the sentence will be more severe.
If a fourth DUI incident causes the death of another person, the driver may be charged with vehicular homicide instead of DUI. Vehicular homicide is a category A felony carrying a sentence of 25 years to life in prison, with the possibility of parole after 10 years.
Felony DUI convictions are not eligible for record sealing in Nevada. A guilty plea, no contest plea, or conviction of a felony DUI charge stays on your criminal record permanently. Prospective employers and anyone else who requests a background check can see the record of your DUI convictions.
5th DUI Conviction
A fifth DUI within a seven-year period is a category B felony under Nevada law, even if no one is injured. Penalties are:
- Two to 15 years in state prison, and
- A fine of $2,000 to $5,000, and
- Permanent revocation of driver’s license
Additional terms also apply to a conviction. A defendant facing a fifth DUI is not eligible for Felony DUI Court or probation. If the DUI incident causes the death of another person, the driver may instead be charged with vehicular homicide, a felony carrying a sentence of 25 years to life in prison, with the possibility of parole after 10 years.
Like other DUI convictions, but to even a greater degree, a fifth DUI conviction impacts virtually every part of your life. Representation by a knowledgeable DUI defense lawyer is crucial.
Consequences of a DUI Conviction
Criminal and administrative penalties for any DUI conviction in Nevada are significant. Repeat offenses within seven years carry increasingly severe consequences for conviction. Based on the circumstances, a DUI defense lawyer can identify defenses and the best strategy for addressing the penalties and other consequences of an arrest. Most DUI cases are resolved through plea negotiations with the prosecutor, and having a skilled attorney on your side is the best way to minimize the impact of any DUI charge.
Schedule a Free Consultation With an Experienced Las Vegas DUI Attorney
If you face a drugged driving or drunk driving charge in Las Vegas, attorney Joseph Gersten applies his investigative background, trial experience, and extensive criminal defense knowledge in aggressively defending against a DUI or DUID charge, regardless of the number of prior convictions.
The Gersten Law Firm assists clients facing any state or federal criminal charge in Las Vegas, Henderson, and elsewhere in Clark County. There is no charge for your initial consultation. Call 702.857.8777 or complete our online form to schedule an appointment.
