Second Offense DUI Charges in Nevada
Nevada law takes a tough stance on second offense DUI charges in Nevada. After a DUI conviction, there’s a seven-year period where the law watches closely. If you’re arrested and convicted of another DUI within those seven years, you’ll face much harsher punishments than a first-time offender.
The judge must apply these mandatory increased penalties. The law discourages repeat offenses, with punishments becoming more severe for each additional DUI conviction within that seven-year window.
Essentially, Nevada gives offenders seven years to learn their lesson before significantly increasing the consequences for repeated DUI behavior.
DUI Defense Attorney for a Second DUI Within 7 Years
Depending on the facts of your case, important defenses exist under Nevada law to protect you from the harsh punishments that follow from a second DUI conviction.
These protections include the outright dismissal of the charges if insufficient evidence exists to support the accusations or motions to suppress or exclude evidence, which may greatly diminish the prosecutor’s chances for a conviction at trial.
Obtain an experienced Las Vegas DUI attorney immediately after the arrest because critical deadlines exist when fighting the charges. Contact our office for a free consultation today so that you can learn what you must do immediately to protect yourself after a drunk driving arrest.
Your Las Vegas DUI lawyer can help you act quickly to preserve all avenues of attacking this serious criminal charge for a second DUI in Clark County, NV.
Second DUI Consequences in Nevada
The penalties for driving under the influence depend on whether you have previously been convicted of any DUI offense within the past seven years. The court calculates the seven-year period from the prior arrest date to the current arrest date.
Nevada law provides that when an individual enters a guilty or no contest plea, the court must impose these punishments:
- Jail: For a second DUI, the court must impose between 10 days in jail or up to a maximum of six (6) months in jail. Alternatively, the court can impose residential confinement in an alcohol or drug treatment center in lieu of any jail time if that confinement involves monitoring 24/7 and runs for the same period of time as any jail sentence that must be imposed. Any person who is convicted of a second or subsequent offense within seven years must be confined for at least one segment of not less than 48 consecutive hours.
- Assessments and Fines: For a second DUI, the court must impose assessments and fines that total a minimum of $750.00 up to a maximum of $1,000.00 plus court costs. In certain cases, the court may order you to perform additional community service in lieu of paying the fine. However, the court will not waive the court costs.
- Suspension of Driving Privileges: A second DUI conviction requires the DMV to impose a one-year driver’s license suspension;
- DUI School: After a second DUI conviction within seven years, the Court must impose a requirement that you complete DUI School;
- Penalties for BAC Over 0.18%: If your second DUI conviction within seven years involves a breath or blood alcohol reading that was 0.18% or higher, then the court will impose:
- A DUI Assessment Program that requires a $100 fee;
- The Victim Impact Panel that requires a $40.00 fee; and
- The court may require that you pay for installation and maintenance of the Breath Interlock Devices on your vehicle for 12 to 36 months;
- Even if your BAC is less than 0.18% then the court may impose an ignition interlock device for three to six months.
- Extensive counseling to address drug and alcohol problems
Legal Blood Alcohol Concentration (BAC) Limits in Nevada
Understanding the legal blood alcohol concentration (BAC) limits is important when discussing DUI offenses in Nevada. These limits vary depending on the type of driver and play a significant role in DUI arrests and convictions.
Standard BAC Limit
For most drivers in Nevada, the legal BAC limit is 0.08%. This means that if you’re found to be operating a vehicle with a BAC of 0.08% or higher, you can be arrested and charged with a DUI, regardless of whether your driving ability appears impaired.
Commercial Drivers
Commercial drivers, such as truck drivers or bus operators, are held to a stricter standard due to the nature of their work and the potential risks involved.
For commercial drivers in Nevada:
- The legal BAC limit is 0.04%
- This lower limit applies when the driver is operating a commercial vehicle
- A commercial driver can still be charged with a regular DUI if caught driving a non-commercial vehicle with a BAC of 0.08% or higher
Underage Drivers
Nevada has a zero tolerance policy for underage drinking and driving.
For drivers under the age of 21:
- The legal BAC limit is 0.02%
- This very low limit effectively prohibits any amount of alcohol consumption before driving
- The 0.02% allowance exists primarily to account for potential margin of error in testing equipment or the presence of alcohol in some medications
Important Notes
- These BAC limits are not the only factor in a DUI arrest. You can still be arrested and convicted of a DUI with a lower BAC if law enforcement determines that your driving is impaired.
- Nevada’s implied consent law means that by driving on Nevada roads, you’ve agreed to submit to chemical testing if suspected of DUI. Refusing a test can result in automatic license suspension and may be used against you in court.
- BAC can be measured through breath, blood, or urine tests, though breath and blood tests are most common.
- The severity of punishment for a DUI offense increases with higher BAC levels, particularly for levels at or above 0.18%.
Will I Go to Jail for a Second DUI offense?
Nevada law does mandate a minimum period of incarceration for a second DUI offense, but allows some nuances for how to serve it:
- Mandatory Minimum: The law requires a minimum of 10 days of incarceration for a second DUI offense within seven years. The maximum sentence can be up to 6 months.
- Jail Time: Traditionally, this sentence would be served in a county jail. However, Nevada law allows for some alternatives in certain circumstances.
- House Arrest: In some cases, the court may allow you to serve your sentence under house arrest. This typically involves wearing an electronic monitoring device and adhering to strict restrictions on your movements and activities.
- Residential Confinement in Treatment Facility: Another option the court may consider is allowing you to serve your time in a residential alcohol or drug treatment facility. This option must involve:
- 24/7 monitoring
- A duration equal to the jail sentence that would have been imposed
- Segmented Serving: The law requires that at least one segment of the sentence be served for not less than 48 consecutive hours. This means that even if alternatives are allowed, you may still need to spend at least two consecutive days in actual jail.
- Judicial Discretion: While the law sets these minimums, judges have some discretion in structuring the sentence.
- Plea Bargains: In some cases, your attorney may negotiate a plea bargain that includes alternative sentencing options. However, this becomes more challenging with second offenses.
- Additional Requirements: Even if alternatives to jail are allowed, you may face other requirements.
It’s important to note that while alternatives to traditional jail time exist, they are not guaranteed. The specifics of your case, the judge assigned, and the quality of your legal representation can all play a role in determining how your sentence is structured.
Frequently Asked Questions
1. Can I refuse a breathalyzer test for a second DUI in Nevada?
You can refuse, but Nevada has implied consent laws. Refusal can result in automatic license suspension and can be used as evidence against you in court.
2. Can I be charged with a second offense DUI if my first one was in another state?
Yes, Nevada considers DUI convictions from other states when determining if it’s a second offense.
3. Can a second DUI charge be reduced?
It’s possible, but more challenging than with a first offense. An experienced DUI attorney may negotiate a plea deal or find weaknesses in the prosecution’s case.
4. How long will a second DUI stay on my record?
In Nevada, a DUI conviction stays on your criminal record indefinitely. However, it only counts towards enhancing penalties for future DUIs for seven years.
5. How soon should I contact an attorney after a second DUI arrest?
Contact an attorney as soon as possible after your arrest. You face critical deadlines for challenging license suspensions and building a defense.
Joel M. Mann – Las Vegas Criminal Defense Lawyer | DUI Defense Attorney for a Second DUI Arrest in Las Vegas, Nevada
Joel M. Mann, Las Vegas, Nevada DUI Defense Lawyer
After a second DUI arrest in Clark County, contact the Joel M. Mann – Las Vegas Criminal Defense Lawyer, an experienced Las Vegas drunk driving defense attorney. Joel M. Mann provides free initial consultations so that you can learn more about possible defenses that may apply to the unique facts of your case.
The district attorney’s office in Clark County, NV, prosecutes second DUI cases differently. Find out more about the statutory maximum offenses and the likely penalties that will be requested by the prosecutor. Also, find out more about possible defenses that may lead to the court dismissing the charges or reducing them to lesser charges.
Las Vegas, NV, 89101
Phone: (702) 832-4105
