Is my DUI in Nevada a felony

I received two DUI in Las Vegas, Clark County Nevada. Will the next one be a felony?

 The first and second DUI charges in a seven year period are only misdemeanors. The third DUI convection in that timespan is a category B felony. The penalty for that third offense is a prison term of 1 to 6 years. Fines will be from $2000 to $5000.

Finding the lawyer right for you

You just got out of jail, you're wondering how to find a lawyer for your DUI case. Below is a source to show you a list of lawyers and attorneys that work in Clark County Las Vegas and Nevada.

This list of lawyers is given by the State Bar. The list will have pro bono attorneys that take clients at no charge and for pay attorney.

If you have a case where an officer displayed misconduct and you want to find a lawyer that may be able to represent you for free go to the Nevada bar website the link is here. 

What to do after getting a DUI in Las Vegas.

Things Your Attourney Needs To Know
So you just arrived home from spending a weekend in jail. You are confused and want to limit the damage it will take on your life and family. You will need someone to represent you. Follow this checklist of notes to take right now while it is still fresh. Having these notes will give your attourney a better chance of reducing your damages.

• When were you notified by the officer you are under arrest?
• Did the police read you Miranda right, at what point were they read to you. Did you waive your Miranda rights? Did you say anything to the officer arresting you
• Did they put you in cuffs? At what point did they put cuffs on you. Did the police injure you witb their handcuffs
• Was your vehicle searched? Did they find anything in that search. Can anythibg they found be used against you?
• Did you request a lawyer for Clark County to speak for you. Did they offer a local Nevada lawyer.
• Had you been on any Medications. Were medications denied to you. Any possible perscription drug imparement. 
• Any mental health history in you or your family. 
• Did the arresting cops give a breatelizer test to you. Did you accept the breathelizer. Did they force you to give blood or urine sample.
• Did the police disrupt your breathing patterns when taking the breath test. Did they make it harder for you to breathe.
• Has your diet or what you ate that day differ or cause you to be more impaired. Could a resturaunt serve you excessive alchohol to cause this DUI.
• How much sleep have you had within the last couple days. Has your schedule changed.
• What kind of physical difficulties do you have. Did the police make you take a field sobriety test even tho you are disabled.
• How many times did you perform the breathelizer test
• Did the cops make you hold your breathe before giving the breath test. 
• How many different machines were used during the DUI mouth test.

Make note of your situation in all these questions. The police will sometimes make you do things not physically possible for the disabled. Make notes of your mental and physical state at the time you were pulled over. Be sure to contact a Clark county Lawyer to represent you in Las Vegas or Henderson. 

Penalties of DUI in Nevada

Information that will explain all the various penalties of Driving Under the Influence (DUI) in Nevada. Your attorney will be able to discuss this with you further. The information on this page should only be used as a reference and vary in a case by case scenario.

What is Nevada DUI Law?
DUI is a misdemeanor but can always be elevated depending on other factors.
To constitute a DUI ones Blood Alcohol Concentration (BAC) must be 0.08% or higher. The second way to receive a DUI is being under the influence of alcohol and / or drugs to a degree that renders one unable to safely drive a vehicle.

Nevada DUI First Offense
When one receives a DUI and is convicted the following consequences may occur but is not limited to:

• Minimum of a 2 day to 6 month jail sentence, or court may approve 96 hours of community service.
• Fine of approximately $400 to $1200, plus additional count fees and assessments.
• Mandatory attendance at a drunk driving "Victim's Impact Panel".
• if the blood-alcohol level is of .18% or higher, submission to alcohol abuse assessment required. 
• Possibly requiring installation of an Ignition Interlock Device (IID) for up to 6 months.
• The completion of an approved 8 hour DUI school or a substance abuse program. Online or offline.
• Suspension of driver's license for 90 days. The reinstatement requires payment of fees, passing driving tests and submission of an SR-22 proof of insurance form. Requesting a restricted license permitting driving to and from work after 45 days.

Nevada DUI Second Offense
A second offense will occur if convicted within 7 years of previous DUI arrest and conviction. The consequences include but not limited to:

Minimum jail time of 10 days up to 6 months.
Fines ranging from $600 - $1200.
Driver's license suspension of 1 year. Reinstatement of the license will requires the payment of fees and filing an SR22 proof of insurance form.
If the BAC is above .18, the Court will require an Alcohol/Drug assessment to be done before Sentencing. This could result in up to 6 months of counseling.

Nevada DUI Third Offense
When a third DUI occurs within 7 years of the arrest and conviction of the first DUI, conviction will be elevated to a felony offense. This includes:

Prison sentense of 1 to 6 years.
Fines and fees of $2000 to $5000, plus any assessments.
Driver's license revocation of 3-5 years. Reinstatement requires an SR22 proof of insurance form.

Please contact a DUI Attorney for further information on these penalties.