Las Vegas Fourth DUI Offense Lawyer

WHAT ARE DEFENSES TO A FOURTH DUI CHARGE?

One potential defense in a DUI case is to challenge the admissibility of blood test results. Under Nev. Rev. Stat. § 484.393, blood test results are not admissible unless the blood was withdrawn by a qualified medical professional and the test was performed on whole blood. Department of Motor Vehicles & Pub. Safety v. Clements. If the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma. Therefore, if the blood test was not conducted in accordance with these requirements, a defendant could argue that the results should be excluded from evidence.

Another potential defense is to challenge the calibration and maintenance of the testing device. Under Nev. Rev. Stat. § 484.389(4), blood-alcohol tests are not admissible against a defendant unless it can be shown that the law enforcement agency which administered the test calibrated the testing device and otherwise maintained it as required by the regulations of the committee on testing for intoxication. Las Vegas v. O’Donnell. If the testing device was not properly calibrated and maintained, a defendant could argue that the test results are unreliable and should not be admitted into evidence.

Another challenge to a DUI arrest is whether the defendant was actually driving under the influence  Johnson v. State, Nevada v. Eighth Judicial Dist. Court of State. The defendant can argue that there is insufficient evidence to prove impairment beyond a reasonable doubt. This may include challenging the reliability and accuracy of any blood alcohol tests performed or contesting the officer’s observations during field sobriety tests  Wright v. State DMV.

Another possible defense is to claim the defendant’s blood alcohol level was rising at the time of testing and was actually below the legal limit at the time of driving  Sereika v. State. This is known as the “rising blood alcohol” defense. The defendant would need to present evidence showing the timing of drinks consumed and the absorption rate to support this defense. 

A person charged with a fourth DUI may also argue that their driving performance was not actually impaired despite being over the legal limit  Reel v. Harris. Evidence of the defendant’s ability to drive normally and safely despite alcohol consumption could rebut an impairment charge  Reel v. Harris, Marciniak v. State.

Another defense to a DUI charge is the defense of necessity.  In certain limited circumstances, a defendant may claim justification or necessity as a defense, arguing that the DUI was necessary to avoid a greater harm  Hoagland v. State. However, this defense rarely succeeds against DUI charges  Pimentel v. State. 

Overall, the main defenses against a DUI charge target either the accuracy of the blood alcohol testing results or the sufficiency of evidence proving actual impairment at the time of driving  Slinkard v. State. The defendant bears the burden of introducing reasonable doubt as to one of these elements.

WHAT ARE THE PENALTIES FOR A FOURTH DUI CONVICTION?

A fourth DUI conviction in Nevada is treated as a Category B felony, irrespective of the time elapsed since the prior felony conviction.  Sindelar v. State. This is a significant escalation from the treatment of a third DUI conviction within seven years, which is also a Category B felony.  Sindelar v. State. The law does not distinguish between DUI convictions in Nevada and those from other jurisdictions that prohibit similar conduct.  Sindelar v. State.  

A fourth DUI in Nevada is not probation-eligible and consequently the offense encompasses mandatory prison time.  The punishment for a fourth DUI in Nevada includes imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years. Additionally, a fine of not less than $2,000 nor more than $5,000 is imposed.  A fourth DUI offense would be charged as a felony in Nevada, and felonies are not eligible for Felony DUI Court. The accused would face standard felony sentencing instead.

When a DUI offense results in injury to another person, the consequences can be even more severe. In Sinatra v. Albregts, the defendant was subject to punitive damages for driving drunk and intoxicated, violation of the law in DUI, and failure to comply with the law. The plaintiff was awarded damages for the sake of example and by way of punishing the defendant Sinatra v. Albregts.  Consequently, punishment can include both civil and criminal penalties.

In addition to the criminal penalties associated with a fourth DUI conviction, the individual may face administrative consequences.  Under Nev. Rev. Stat. Ann. § 483.460, the Department of Motor Vehicles (DMV) in Nevada is required to revoke the license of any driver convicted of certain offenses. For a third or subsequent violation within 7 years of NRS 484C.110 or 484C.120, which are related to driving under the influence (DUI), the driver’s license is revoked for a period of 3 years NRS 483.460.  

However, the statute does not specify the penalty for a fourth DUI offense. It is likely that the penalty would be at least as severe as that for a third offense, but the exact penalty would depend on the specific circumstances and the discretion of the court.

A fourth DUI conviction in Nevada is a serious matter, treated as a Category B felony. This applies regardless of the time elapsed since the prior felony conviction. The individual may also face administrative consequences, such as being considered a habitual violator of traffic laws and having their driver’s license suspended for at least 3-years.