What Constitutes A Third DUI Offense In Nevada

If the following happens, a defendant can be charged with a third DUI offense in Nevada:

  • They were arrested for a DUI charge that did not cause serious injury or death: AND
  • They were previously arrested for DUI twice in any country over the span of seven years.

DUI stands for “driving under influence.” It is deemed DUI if:

  • Drugs and alcohol adversely affected the driving ability of the defendant;
  • The defendant had a blood alcohol content (BAC), of 0.08% or higher;
  • Illegal quantities of certain drugs were found in the defendant’s systems.

A driver who pleads no contest or guilty to a third DUI offense in Nevada will be issued an “admonishment of rights” form that they must sign. This form states that any driver arrested for a future DUI will face a felony charge, regardless of whether they caused an injury.

A third DUI in Nevada infraction in Nevada is classified as a category B felony even though there has not been a vehicle accident or any bodily injury. This offense does not have a probation option. Penalties can range from one year (mandatory) to six years in state prison. This offense can also result in fines that range from $2000.00 to $5000.00.

But, any defendant who passes the full Felony DUI Court may be able to avoid prison and could be eligible to have the charge reduced to a second DUI misdemeanor.

What Are The Penalties For A Third Dui Offense In Nevada?

These are the penalties normally associated with this offense:

  • One to six years in a Nevada State Prison
  • Fines between $2,000 and $5,000
  • Completion of the Victim Impact Panel
  • A dependency assessment for alcohol and/or drugs;
  • Rehab for alcohol/drug addiction may be completed.
  • Revocation of driver’s license for three years. It may be possible to obtain a restricted license after one year.
  • Once the defendant is released, he/she must have a breath interlock installed and maintained in their vehicle for at least 1-3 years.

Is A Third DUI Going To Cause Me To Lose My License?

The Nevada Department of Motor Vehicles will suspend the defendant’s driver’s license for 3 years after having been arrested for a third DUI offense in Nevada. After a period of one year, they may issue a restricted driver’s license. This is the link for the form to apply for a restricted driver’s license.

You must remember that even though the third DUI offense in Nevada case has been dismissed in court, the Nevada Department of Motor Vehicles could still suspend the defendant’s driver’s license. The suspension could be reversed by contesting it in an administrative hearing at the DMV.

After the defendant has served the three-year period for having their license suspended, they may need to pass a driving test, and pay additional fees, to obtain a driver’s license. The defendant must also have an SR-22 policy for at least 3 years. This is even if they don’t own a car.

Nevada DUI Attorneys

Contact our office immediately if you or someone you love has been arrested for a third DUI offense in Nevada. Call 702-758-5858 to get started.