Although the vast majority of DUI offenses in Nevada are charged as a misdemeanor, there are several different ways in which a DUI can be charged as a felony. In Nevada, a DUI can be charged as a felony if the driver already has a certain number or type of prior drunk driving-related convictions. Additionally, a DUI can be charged as a felony offense if the DUI causes death or severe injury to someone else.
A felony DUI in Nevada comes with increased penalties and the possibility of time in jail, depending on the nature of the charges. If you were arrested for a felony DUI offense in Las Vegas or anywhere in the surrounding areas of Clark County, contact a criminal defense attorney at Gallo Criminal Defense Las Vegas.
Gallo Criminal Defense Las Vegas represents clients charged with a felony DUI throughout Clark County, including North Las Vegas and Henderson. Call (702) 385-3131 to schedule a free consultation about your case. James C. Gallo can help you fight to reduce or drop your charges.
Information About Felony DUI Charges
- DUI with Prior Convictions in Nevada
- DUI with Injury or Death
DUI with Prior Convictions in Nevada
Depending on a person's previous record, they could face felony charges for a DUI. Nevada Revised Statute 484C.400 provides for two types of felony DUI offenses based on prior convictions. A lawyer with expert legal representation can assist a client in navigating the trial process to protect their rights. Legal firms specializing in DUI cases offer professional guidance to ensure the best possible outcome.
Third DUI Within Seven Years
NRS 484C.400(1)(c) provides a third conviction for DUI within seven years, a felony. Under Nevada law, the two prior misdemeanor offenses must have occurred within seven years of the third offense. The date of conviction is irrelevant because only the date of offense matters. Speer v. State, 116 Nev. 677, 5 P.3d 1063 (2000). Read more about a third DUI in Nevada within seven years.
The prior DUI convictions can be from Nevada or another state if the prior offense punishes the same or similar conduct. This means a person could have two DUI offenses on their record in California and face a felony DUI charge in Nevada for a third offense within seven years. A DUI lawyer with experience can help navigate the legal complexities and challenge the evidence, mainly when prior convictions occur out of state. Legal services from a reputable firm can assist in minimizing fines, protecting the client's license, and addressing specific circumstances. Contact the office for further assistance.
In many cases, the prior out-of-state DUI cases will not even appear on the driving record. The NCIC (National Criminal Information Center) rap sheet sometimes shows prior offenses. If you have prior DUI convictions from out of state, talk with an attorney about whether those prior convictions will show up and how they will impact how your case is resolved.
NRS 484C.400(1)(c) provides that a third offense within seven years of the first offense is a felony DUI punishable by between one and six years in prison and a fine between $2,000 and $5,000.
Prior Felony Conviction
According to NRS 484C.400 (2), a DUI conviction is a felony if the defendant has previously been convicted of a felony DUI. Unlike a third-offense DUI, the prior felony need not have occurred within seven years of the present offense. In this case, any felony DUI conviction constitutes a prior felony conviction.
The prior felony DUI conviction can be from Nevada or another state if the prior punishes the same or similar conduct. Experienced DUI attorneys at a reputable law firm can help drivers facing a DUI arrest by navigating the legal system and countering the prosecutors' case. A dedicated team of attorneys can work to minimize the consequences of a felony DUI conviction. Contact knowledgeable lawyers for expert representation.
Under NRS 484C.400(2), any DUI conviction following a felony DUI conviction is punishable by two and 15 years in prison and a fine between $2,000 and $5,000.
DUI with Injury or Death
A person also could face felony charges for a DUI if they cause serious bodily harm to another person or kill someone while driving under the influence. This could apply whether alcohol, drugs, or a prescription medication intoxicates the person.
According to NRS 484C.430, a defendant who drives while impaired and causes death or substantial bodily harm to another person can be charged with a felony DUI. This charge is classified as a category B felony and is often called "DUI with Substantial Bodily Harm."
This type of DUI felony offense could be punishable by imprisonment in the Nevada state prison for a minimum of not less than two years and a maximum of not more than 20 years. In addition to serving time, a person may be ordered to pay a fine ranging from $2,000 to $5,000.
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Potential Consequences:
- Imprisonment: Depending on the severity of the offense and any prior felony records, the judge has significant discretion in sentencing.
- Fines: Financial penalties can impact an individual's ability to meet other obligations.
Individuals facing DUI charges should seek the assistance of a skilled defense attorney who can represent them during hearings and throughout the proceedings. Understanding the legal process, including the effects of breathalyzer test results and the implications of other substances like marijuana, is crucial in mounting a solid defense.
Moreover, navigating traffic tickets and ensuring that all records are accurately reflected can significantly influence the case outcome. With the proper legal practice, individuals may explore options to mitigate the consequences of their DUI charges.
Nevada's Felony DUI Court or Serious Offender Program
Application for admittance into the felony serious offender program can help individuals avoid a prison sentence and felony conviction. This program is a 3 to 5-year alcohol and drug-free initiative designed for those facing severe criminal situations, such as DUI or reckless driving charges.
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Program Requirements:
- The applicant must be supervised on house arrest for the program's first six months.
- Random drug and alcohol testing is mandatory, along with frequent court appearances and counseling sessions.
Successful completion of the program results in a second offense misdemeanor conviction, providing individuals with a chance to rectify their situation and keep their driver's license. However, failure to meet the program's requirements will lead to a prison sentence.
If you're considering this choice, contact a law office specializing in criminal defense for guidance on the application process and to understand all the implications involved.
Understanding the Legal Process for Felony DUI Cases in Las Vegas
Navigating a felony DUI charge in Las Vegas can be overwhelming, and it's crucial to have the proper legal representation to guide you through every step of the process. DUI lawyers with experience in handling felony DUI cases understand the complexities of Nevada DUI laws, including the blood alcohol concentration (BAC) limits, sobriety tests, and breathalyzer accuracy. A skilled defense attorney will examine the evidence, such as police reports, test results, and field sobriety tests, to build a strong case on your behalf. With a felony DUI conviction, the stakes are high, including prison time, license revocation, and a lasting impact on your driving privileges and life. It's essential to act quickly, consult with professionals, and take every opportunity to challenge the charges to improve your chances of a favorable outcome.
How a Felony DUI Attorney Can Protect Your Rights
An experienced felony DUI attorney can make a significant difference in defending your rights and minimizing the consequences of a DUI arrest. These defense lawyers know how to handle DUI cases, from challenging blood alcohol content (BAC) test results to questioning the legality of the traffic stop and sobriety tests. Your DUI attorney will work diligently to protect your driver's license, reduce fines, and potentially dismiss or reduce the charges. The proper legal counsel will consider factors like your criminal record, prior DUI offenses, and the specifics of your arrest. A solid attorney-client relationship ensures that your case is handled with the utmost dedication, providing personalized advice and defense strategies to safeguard your future.
Steps to Take After a Felony DUI Arrest in Las Vegas
After a felony DUI arrest, there are crucial steps you should take to protect yourself and your rights:
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Consult with a DUI Defense Attorney
- Seek legal representation immediately to ensure your rights are protected.
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DUI lawyers will review the evidence against you, including:
- Breath tests
- Police reports
- Field sobriety test results
- They will identify any issues with the prosecution's case that could work in your favor.
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Attend Your Court Dates
- Be sure to attend all scheduled court dates to avoid additional penalties.
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Follow the judge's orders, such as:
- Enrolling in DUI school
- Performing community service
- Compliance can positively influence the outcome of your case.
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Challenge the DUI Conviction
- Your lawyer may contest the DUI conviction by examining procedural errors or weaknesses in the evidence.
- A successful challenge could result in a dismissal or reduction of penalties.
Protect Your Driving Privileges
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- With the help of a knowledgeable legal team, you increase your chances of retaining your driving privileges and minimizing the long-term impact on your record.
Penalties and Defenses for Felony DUI Charges in Nevada
Felony DUI charges in Nevada carry severe penalties, including prison sentences, hefty fines, and permanent loss of driving privileges. Depending on the circumstances of the DUI offense—such as if there was an accident, injuries, or prior convictions—judges may impose stricter penalties, including mandatory alcohol treatment, DUI school, or even vehicular homicide charges. An experienced criminal defense lawyer can develop effective defense strategies based on the evidence, such as the accuracy of breath tests, the influence of prescription drugs or substances, and the reliability of field sobriety tests. In some cases, a defense attorney may challenge the DUI conviction on procedural grounds, like improper actions by law enforcement officers or inaccuracies in blood test results, leading to reduced charges or even dismissal. Consulting with a DUI attorney as soon as possible can make all the difference in the outcome of your case.
Finding a Felony Drunk Driving Attorney in Las Vegas
If you need a drunk driving defense attorney in Clark County, Nevada, contact Gallo Criminal Defense Las Vegas. With offices located near the courthouse in downtown Las Vegas, felony DUI defense attorney James C. Gallo is experienced in fighting complex DUI cases involving various levels of severity. He has helped thousands of people navigate challenging DUI situations that can affect their family, reputation, and future.
Find out more about fighting a felony DUI case in Nevada involving a refusal to submit to testing or a breath test, blood test, or urine test. A review of prior cases can provide insight if you have questions about your ability to defend against a DUI charge. Learn about the role of law enforcement officers in these cases and how the decision-making process can impact your vehicle and driving privileges. Discover the consequences of an allegation involving property damage, personal injury, or other criminal offenses, and understand that nothing is too complex for an experienced attorney to handle.
Frequently Asked Questions
How long does a felony DUI remain on your record?
A felony DUI can remain permanently on your criminal record, although certain states permit expungement after a specific period under specific conditions.
Is it possible for a felony DUI to result in the loss of driving privileges?
Indeed, a felony DUI can result in the permanent revocation or protracted suspension of your driver's license.
Is it mandatory to serve prison time for a felony DUI?
Jail or prison time is compulsory for a Felony DUI in most cases, although the precise sentence is contingent upon the relevant circumstances and jurisdiction.
Is it possible to reduce a felony DUI offense to a misdemeanor?
In certain instances, an experienced attorney may negotiate to have a Felony DUI charge reduced to a misdemeanor, contingent upon the circumstances and evidence.
Is it possible for a felony DUI to impact employment prospects?
Indeed, a felony DUI can have a substantial impact on employment prospects, particularly for positions that necessitate a spotless driving record or criminal record.
Is it permissible for me to travel internationally with a felony DUI conviction on my record?
A felony DUI can complicate international travel, as certain countries may refuse entry to individuals with felony convictions.
What is the effect of a felony DUI on insurance rates?
A felony DUI can result in a substantial increase in insurance premiums or the complete cancellation of your policy.
Is it necessary to retain an attorney for a felony DUI case?
Indeed, legal representation is essential in a Felony DUI case because of the potentially severe penalties and the severity of the charges.
Is it possible to expunge a felony DUI from my record?
In certain states, expunging a felony DUI may be feasible; however, this typically necessitates adhering to stringent criteria, including satisfying all sentencing obligations and maintaining a spotless record.
Is it possible for a Felony DUI charge to result from prior out-of-state DUIs?
Indeed, the possibility of a current DUI being accused as a felony may be influenced by prior out-of-state DUI convictions.