NRS 484c.400 states that it is counted as a second DUI offense in Nevada if it is filed within seven years of the first DUI and is usually a misdemeanor. It could be made a felony if exceptional circumstances are present. A second DUI offense can result in the following penalties:

  • Minimum of ten days in jail and a maximum of six months
  • Your driver’s license revoked for one year
  • Fines from $750 to $1,000
  • Court costs to be paid
  • A victim impact panel
  • Rehabilitation may be necessary.

In order to drive your car, you may need an ignition interlock device. We may be able to help you reduce your second DUI charge to reckless driving or even dismiss it.

Other Questions

There are a few questions you may have about a second DUI offense charge, including:

1. Do I have to spend time in jail if I get a second Dui Offense charge?

Yes. A mandatory sentence of a minimum of 10 days in jail is required for a second DUI offense. The courts may increase that sentence to up to six months if it so desires. It rarely does, but it may do so if there are exceptional circumstances like a minor in the vehicle. You may be able to serve some of the 10 days under house arrest.

A judge may order a suspended six-month sentence to jail. This means that the judge will suspend a six-month sentence if the defendant has completed all probation terms. It is still there to be used in the event that terms are not fulfilled.

2. What happens if I lose my driver’s license?

A second DUI offense within seven years of your first DUI will result in you losing your driver’s license for at least one year. This may be possible to avoid, but only if both the criminal and DMV hearings regarding the matter are won.

It is much harder to win the DMV hearing than it is to win a criminal case. The prosecution in a criminal case must prove beyond reasonable doubt that the defendant was under the influence of alcohol at the time. The DMV only considers whether the defendant was driving with a blood alcohol content (BAC) greater than 0.08 percent.

3. Do I have to complete a rehab program?

A drug and alcohol dependency evaluation must be performed on any defendant convicted of a second DUI offense within seven years. The evaluation will cost $100. According to the results obtained, the defendant may be required to consent to go through a supervised drug treatment program that will take a year to complete.

4. What is a First Dui?

It would be considered a previous offense if the defendant had a DUI conviction in the United States within the last seven years. This would make it count as the first DUI. If the DUI offense was reduced to reckless driving, it would not count as a previous.

5. What Happens if my first DUI ends up being a Felony?

All subsequent DUI charges that result from a DUI conviction will be considered felonies if the first DUI was a conviction for a felony. It doesn’t matter if the second DUI was a misdemeanor. All subsequent DUI charges against a defendant will be considered felonies once they have been convicted of a felony DUI.

Work with a Second Dui Offense Attorney

You should contact our office immediately if you or your family member have been charged with a second DUI offense. To schedule a free consultation, call 702-758-5858.