In the state of Nevada, DUI charges can be “enhanceable” offenses, especially in hot spots like Las Vegas. Essentially, this means that multiple DUIs can be treated with greater consequences under Nevada law if someone has previous DUI convictions. However, you can only be charged with a second DUI in Nevada if you have previously been convicted for a DUI within the last seven years. The seven 7 year “lookback window” runs from the date of the first DUI arrest to the date of the second DUI arrest.
Although a first and second DUI offense are both treated as misdemeanors in Nevada, a person charged with a second DUI will likely face harsher penalties, including mandatory jail time. Luckily, criminal defense attorney
Chandon Alexander has defended countless drunk driving allegations in Clark County, Las Vegas, and throughout the state of Nevada, including many second time DUI charges. If you’ve recently been charged with your second DUI within the last 7 years, it’s crucial that you retain experienced and knowledgeable representation. With the right attorney, it’s possible to get your 2nd DUI reduced, or even fully dismissed. Don’t wait, contact the Spartacus Law Firm today for a free consultation.
In order for the prosecution to prove you are guilty of a second DUI charge, there are certain elements that must be proven true (seen below). Without these elements, the case against you will not be as strong and opens the door for mitigated penalties or to even have the DUI charges dropped altogether. An experienced Las Vegas DUI defense lawyer
will be able to help you navigate the legal process and provide the best possible outcome for your specific circumstances. Your attorney can help you build defenses to the following elements:
• Your driving was impaired by drugs or alcohol
• Your blood or breath alcohol content was .08 or higher at the time of driving
• The defendant’s blood alcohol content was .08 or higher within two hours of driving
• Your blood had more than the maximum amount allowed of various illegal prescription drugs
• You have a previous DUI conviction within the last seven years
Similar to a first DUI offense
, there are statutory minimums that apply to a second DUI as well. However, these penalties will likely be more serious than the first DUI. In many cases, a second DUI has a much higher likelihood of jail time than the first DUI charge. Although consequences can be more strict, it’s important to note that a second DUI in Nevada is still a misdemeanor. After you have gone through the DMV’s Administrative Hearing process
, the district attorney’s office will schedule your trial date. If you are convicted of a second DUI charge in Las Vegas, the standard sentence will include the following:
Nevada's mandatory minimum for jail time is 10 days. On the other hand, the maximum jail time for a second DUI is six months. However, this time does not always need to be spent behind bars. Time can also be served at the comfort of your own home which is known as residential confinement. But being granted residential confinement over prison is up to the sentencing judge, so it’s important to have the right attorney to push for this. The court may also order that jail time be replaced with confinement in a residential alcohol or drug treatment center.
A second DUI charge in Nevada could result in fines totaling a minimum of $750 and a maximum of $1,000, as well as other costs that the defendant is expected to pay out of pocket. For example, in some instances, an alcohol or drug treatment program is court-mandated and the defendant is responsible for the costs associated with the program.
Nevada requires anybody convicted of a DUI Second Offense to Attend a MADD Victim Impact Panel
. A Victim Impact Panel Class is an awareness program for offenders charged with a misdemeanor DUI. The main goal of a VIP is to keep offenders charged with driving under the influence from drinking and driving in the future.
Nevada judges are required to order a person convicted of a second DUI offense to attend an alcohol or drug treatment program. If you’ve been ordered to attend a treatment program you must first get an alcohol evaluation, then follow the recommendations provided to you. Those recommendations will vary on a case-by-case basis. An alcohol or drug abuse treatment program must be completed successfully, otherwise, future consequences will arise.
If you are convicted of a second DUI charge, Nevada law requires judges to require an ignition interlock device to be installed for 185 days. However, if your blood alcohol content (BAC) was over 0.18% at the time of arrest, the timeline for having an ignition interlock device installed in your vehicle is extended to a minimum of 12 months and a maximum of 36 months.
If convicted of a second DUI offense, the Nevada DMV will suspend your driver’s license for one year. However, this suspension will be split into two parts. The first half of your license suspension is entered when you’re arrested for your second DUI. The second half of the license suspension does not go into effect until after a conviction is official. It’s worth noting that you can continue to drive on a suspended license if an ignition interlock device is installed in your vehicle.
It’s also important to understand that BAC can be a big variable in the consequences and penalties process. For example, a BAC beyond 0.18% can present even harsher penalties for second DUI charges in Las Vegas. On top of the standard second DUI penalties mentioned above, you may also be required to install an ignition interlock device
(IID) for a period of 12 to 36 months. Along with an IID, you may also be required to attend a drug
and alcohol treatment program.
Considering the strict nature of the Las Vegas DUI laws and the higher than normal probability of an unfavorable case outcome, it’s crucial that you work with a strong Las Vegas DUI defense attorney that can either clear the charges or reduce the probable sentence. Working with an experienced second offense DUI lawyer in Las Vegas can rely on the following possible defenses:
• Challenging the validity of the Field Sobriety Test
• Questioning the probably cause the officer used when initiating the traffic stop
• Leftover alcohol in the mouth or throat could have enhanced BAC reading
• Questioning the baseline of the Field Sobriety Test
• Lack of sufficient evidence for a DUI charge
• Acid Reflux or Heartburn Can Influence the Breathalyzer Test
• BAC Test Result is Inconsistent with a Driver’s Behavior