Felony DUI In Las Vegas - Things You Need To Know
Felony DUI In Las Vegas - Things You Need To Know
It is typical in Nevada for a first or second DUI conviction to be classified as a misdemeanor. In contrast, a third offense is usually prosecuted as a more serious felony. Certain circumstances, however, may warrant the charge of a felony, rather than a misdemeanor, for the first or second DUI offense. In fact, a DUI can be charged as a felony if the DUI causes death or serious injury to another individual.
DUIs that are classified as misdemeanors or felonies generally carry the same types of penalties. In general, however, felony DUIs are likely to result in more severe penalties than misdemeanor DUIs. Following a conviction for one felony DUI in Las Vegas, any subsequent DUI offenses will also be classified as felonies. Even if the last offense took place more than 7 years ago, the driver will still be subject to this rule.
A conviction for a felony DUI can have severe collateral consequences for the future employment prospects of the offender, as well as restrict the right to vote and possess a firearm. An arrest for DUI can have a lasting impact on a driver’s life and taint their criminal record. Having been stopped, tested, booked, and now facing charges, drivers may feel overwhelmed. Work with a Las Vegas lawyer who is familiar with Las Vegas’ complex DUI process to ensure that the driver’s rights are protected.
Ways Drivers Can Be Charged With Felony DUI In Nevada
There are many alcohol-related accidents that occur throughout Las Vegas, which has made the police force particularly strict on drivers. A DUI case in Nevada may be considered a felony under certain circumstances.
It is usually considered a misdemeanor offense in Nevada to drive under the influence of alcohol, drugs, or both. DUI may, however, be charged as a felony in the following three circumstances:
In the event that it is the driver’s third offense
If the driver has previously been convicted of a felony DUI
If the driver is responsible for an accident that resulted in injury or death
The scenarios in which an individual may be charged with a felony DUI can include:
Prior Felony DUI - The driver has already been convicted of a felony DUI. Therefore, they will be charged with a felony DUI for any cases moving forward.
DUI Involving Injury - The driver caused serious bodily injury to another individual whether it is a pedestrian, bicyclist, passenger, or another driver.
Vehicular Homicide - The driver caused the death of either a pedestrian, bicyclist, passenger, or another driver, and they have had at least three DUI convictions.
3rd Time DUI - The driver will have been convicted of two prior DUIs in the last seven years. Therefore their 3rd DUI conviction will result in a felony.
It’s also important to note that there is no distinction between prior DUI convictions committed in Nevada or anywhere else in the United States.
Penalties For Las Vegas Felony DUI Conviction
The penalties associated with felony DUI convictions in Las Vegas, and the rest of Nevada, are determined based on previous convictions and whether there are any aggravating factors. As a guideline, the penalties for varying DUI felony convictions in Las Vegas can include:
Third Time DUI - A third-time DUI conviction is considered to be a Class B Felony and comes with penalties such as:
Between 1 and 6 years in Nevada State Prison
Between $2,000 and $5,000 in fines
Required attendance at a victim impact panel
Revocation of driver’s license for 3 years
Required ignition interlock device for at least 1 year but less than 3
Submission to an alcohol and drug evaluation
DUI Following A Felony DUI - Receiving a DUI after already being convicted of a felony DUI is considered to be a Class B felony and carries penalties such as:
Between 2 and 15 years in Nevada State Prison
Between $2,000 and $5,000 in fines
Revocation of driver’s license for 3 years
Ignition interlock device required for between 1 and three years
Submission to an alcohol and drug evaluation
DUI Causing Injury Or Death - When a driver is charged with a DUI causing injury or death it is considered to be a Class B felony and carries penalties including:
Between 2 and 20 years in Nevada State Prison
Attendance at a victim impact panel
Between $2,000 and $5,000 in fines
Revocation of driver’s license for 3 years
Required ignition interlock device for at least 1 year but less than 3
Submission to an alcohol and drug evaluation
Vehicular Homicide Caused By DUI - Vehicular homicide caused by DUI is considered to be a Class A felony and includes penalties such as:
25 years or life in prison
Attendance at a victim impact panel
Revocation of driver’s license for 3 years
Required ignition interlock device for at least 1 year but less than 3
Submission to an alcohol and drug evaluation
The defendant may be paroled after 10 years in prison
Is It Possible To Have A Felony DUI Charge Reduced To A Misdemeanor?
The charge of a third DUI may be reduced to a misdemeanor DUI second if the defendant attends Felony DUI Court. Often referred to as the Serious Offenders Program, DUI Court is a three to five year intensive rehabilitation program. Unless there is no evidence to warrant the felony charge, prosecutors are not allowed to reduce felony DUIs to misdemeanors. Consequently, it is the defense attorney’s responsibility to demonstrate to prosecutors that such evidence does not exist.
An offense of a third DUI can, for example, be dismissed if there is no adequate record of their prior DUI convictions. Additionally, if the prosecutor is unable to prove that the defendant’s impaired state contributed to the accident, a DUI causing injury charge should be reduced.
The following evidence can be used to reduce a felony charge of drunk or drugged driving:
Medical records
Eyewitness statements
Surveillance video
Court records
