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Third DUI Offense Explained
In the state of Nevada, committing a third DUI offense within a seven-year period from the previous two offenses is categorized as a class B felony—even if there were no injuries involved in the charge. The penalties for a third offense in Las Vegas are severe; extended jail terms and higher fines are expected. Getting someone injured on a third DUI merits an even tougher punishment for the offender. These situations call for the expert help of an experienced Las Vegas drunk driving attorney, who will ensure that the accused is represented properly in court, and that the client will either receive a commuted punishment, or have the case overturned completely.
DUI Explained
The State of Nevada defines driving under the influence as
- The state of driving a vehicle while intoxicated with alcohol or drugs;
- The state of driving a vehicle when the driver’s blood alcohol content(BAC) is at 0.08 or higher; or
- The state of driving a vehicle even when the driver has taken an amount that surpasses the legal amount of prescription and narcotic drugs
Drivers can still be charged with a DUI in Las Vegas even if they were driving within speed limits and following road safety rules. It is, after all, illegal to drive any motor vehicle while their blood alcohol/drug content is beyond prescribed limits. Once arrested, offending drivers can post bail amounting $5,000.
Penalties for Third DUI offense
Administrative Penalties
- Three-year suspension of driver’s license, with possible eligibility for a restricted licenseSuspension of motor vehicle registration
- Victim impact panel attendance
- SR22 Nevada insurance requirement
- Installation of an ignition interlock device in the offender’s motor vehicle for a period between 12 and 36 months
- $35 civil penalty
- Nevada Health Department-approved rehabilitation program up to a period of three years
Criminal Penalties
- No less than one (1) year to no more than six (6) years in the Nevada State Prison
- No less than $2,000 to no more than $5,000 in fines
Nevada Felony DUI Court
In addition to the aforementioned penalties, the State may require the offender to regularly attend a felony DUI court for up to five years. During this time, the offending driver must undertake rigorous counseling and appear in court at pre-determined times to report on his or her rehabilitation progress. Failing to attend a counseling session or court date can result in additional penalties or another outright felony conviction for the offender.
Defenses against Third DUI Charge
DUI defense lawyers make it a point to fully investigate the charges and circumstances of their client’s arrest to spot an inconsistency that can weaken the case against their client. In many cases, defense attorneys will call upon the following:
- The arresting officer had no probable cause to pull the defendant over
- The previous DUI cases were invalid
- The previous Dui convictions were outside the 7-year time frame prescribed by law
- The blood and/or breath tests were conducted improperly
- The technicians who conducted the blood test lacked proper certification
- The defendant has a medical condition that caused the BAC to come out higher than it really was
Why Choose Us: Expertise, Dedication, Results
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Comprehensive Criminal DefenseWhether facing charges for DUI, violent crimes, or white-collar offenses, Goodman Law Group provides aggressive representation with a focus on achieving the best possible outcomes for clients in both state and federal courts.
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Local Expertise, National ImpactAs a lifelong Las Vegas resident, Ross C. Goodman’s deep knowledge of local laws, courts, and legal professionals gives his clients a distinct advantage, while his nationally recognized legal skills elevate his reputation beyond the state.
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Proven Track RecordWith nearly 30 years of experience and a history of high-profile victories, Ross C. Goodman is a top-tier criminal defense attorney, known for securing dismissals, "Not Guilty" verdicts, and favorable resolutions.
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Personalized, Successful DefenseEvery case at Goodman Law Group is handled with meticulous attention to detail, ensuring personalized strategies that have resulted in reduced sentences, acquittals, and alternative legal resolutions for thousands of clients.
Client Success Stories
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