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.