Las Vegas Second Offense DUI Attorney
Last Modified: December 18, 2023
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Second DUI In Las Vegas? Here’s What You Need To Know
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 consultation.
Understanding A 2nd DUI In Nevada
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
Penalties For Second DUI Offense In Nevada
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:
Jail Time
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.
Fines
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.
Victim Impact Panel
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.
Treatment Program
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.
Ignition Interlock Device (IID)
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.
DMV Penalty
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.
Additional Penalties For BAC Of 0.18% Or More
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.
Defenses To Second DUI Charges In Nevada
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
Frequently Asked Questions
Can I Go To Jail For A Second DUI In Las Vegas?
If you’re charged with a second offense DUI in Nevada, the conviction carries a mandatory 10-day jail sentence. However, the court may order up to six months behind bars, depending on the circumstances of your defense and the skill of your DUI defense attorney. Luckily, with the right defense, anything more than 10 days behind bars is rare. Not to mention, there’s a possibility of serving some of the 10 days in the comfort of your own home through residential confinement. The most common outcome for a standard second DUI charge in Las Vegas is for the judge to enforce a six-month suspended jail sentence. If granted, you will not have to serve more than 10 days in jail as long as you complete all required probation terms and do maintain a clean driving and criminal record.
Is A Second DUI A Felony In Nevada?
In the state of Nevada, a second DUI is considered a misdemeanor unless the incident caused death or serious injury of another person. For example, a fatal car accident that was the result of a drunk driving will result in a felony DUI. However, misdemeanors for second time DUIs in Nevada are more severe compared to misdemeanors from other states. Nevada uses a 7-year window when evaluating a second DUI offense. This means that if you previously had a DUI on your record, but it exceeded the 7-year lookback window, the standard second-time DUI penalties will not apply. It’s important to understand that the circumstances of your first DUI arrest will affect the punishment the court will place on a repeat DUI offender. A third DUI offense is considered a felony in Nevada, and the circumstances of your first and second DUI will be taken into consideration if charged for a third time.
Will I Lose My License After A Second DUI?
In the state of Nevada, a second offense DUI conviction will often include a one-year driver’s license suspension. To avoid your license from being suspended you must be successful in winning both the criminal case and the administrative. Securing professional defense from a qualified DUI attorney will give you the best chance to keep your license following a second DUI charge.
Can You Beat A Second DUI In Nevada?
There are plenty of DUI defense tactics that can be leveraged to help beat a second DUI charge in Nevada. However, this requires skilled and experienced representation from an attorney who has worked closely with these types of cases and understands the best way to refute the claims against you. For example, questioning evidence surrounding the validity of the field sobriety test or the probable cause used to pull you over are critical for the prosecutors to prove their case against you.
Should I Get A Lawyer For My Second DUI Offense?
Second offense DUIs can not only have serious penalties but can stick with you for the rest of your life. If you have the opportunity to mitigate or dismiss charges altogether, you must. When you are facing a second DUI charge in Nevada, prosecutors in Clark County will likely seek the maximum sentence, and if you do not have professional defense to combat their attempts, they may succeed. Remember, being accused of driving under the influence is not the same as being convicted of DUI. Contact our skilled criminal defense lawyer at the Spartacus Law Firm to discuss your case and begin planning your defense.
Second DUI In Las Vegas? Contact The Spartacus Law Firm
If you are facing charges for your second DUI in Las Vegas, contact an experienced DUI defense lawyer. At the Spartacus Law Firm, we provide free initial consultations so that we can learn about your case and explain to you the best way to approach defending against the DUI charges against you. A second DUI can lead to life-altering consequences if not handled correctly. Do not settle for anything less than the best when it comes to your defense and your future. We have vast expertise and knowledge when it comes to DUI/DWI defense in Nevada. The Spartacus Law Firm has also been recognized as a top-ranked DUI law firm and will fight to make sure that your rights are protected.